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Ch 1, p.78 CIVIL PROCEDURE December 2010
the judge’s opinion the judge can proceed with the matter or determine the motion the judge shall do
so; otherwise, the judge may order a continuance, declare a mistrial, order a new trial of all or any of
the issues, or make such disposition of the matter as the situation warrants.
1.1802(2) In the event of the death or disability of a judge who has under advisement an undecided
motion, or case tried without a jury, any other judge of the district may be called in, or a judge from
another district may be appointed by the chief justice of the supreme court to consider the same,
and, if by a review of the transcript or a reargument the judge can, in the judge’s opinion, become
sufficiently informed to render a decision, the judge shall do so; otherwise the judge may order a
continuance, declare a mistrial, or order a new trial of all or any of the issues, or direct the recalling
of any witnesses, or make such disposition of the matter as the situation warrants.
1.1802(3) In the event of the death, disability or retirement of a judge before the record for appeal
in any case tried by the judge is settled, the record shall be settled by another judge of the district, or
by a judge of another district appointed for that purpose by the chief justice of the supreme court.
[Report 1943; amendment 1945; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]
Rule 1.1803 Appeal to district court from administrative body. Where appeal to the district court
from an action or decision of any officer, body or board is provided for by statute and the statute does
not provide for the formulation of the issues either before such officer, body or board, or in the district
court, the appellant shall file a petition in the district court within ten days after perfecting the appeal,
or within such time as may be prescribed by the court. The appellee shall file motion or an answer to
such petition within 20 days thereafter, or within such further time as may be prescribed by the court.
Thereafter the rules of pleading and procedure in actions in the district court shall be applicable.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1804 Effect of notice by posting. Notice by posting shall not have legal effect except where
expressly authorized by statute.
[Report 1943; amendment 1945; amendment 1973; November 9, 2001, effective February 15, 2002]
Rule 1.1805 General provisions, comments and footnotes.
1.1805(1) The past, present and future tense shall each include the others; the masculine, feminine
and neuter gender shall include the others; and the singular and plural number shall each include the
other.
1.1805(2) Rule and subrule headings do not in any manner affect the scope, meaning or intent of
the provisions of the rules in this chapter.
1.1805(3) All references to sources, comments, and footnotes are incorporated solely for
convenience in the use of the rules and do not form a part thereof.
[Report 1943; amendment 1961; November 9, 2001, effective February 15, 2002]
Rule 1.1806 Rules by trial courts. Each district court, by action of a majority of its district
judges, may from time to time make and amend rules governing its practice and administration not
inconsistent with these rules. All such rules or changes shall be subject to prior approval of the
supreme court.
[Report 1961; amendment 1969; amendment 1979; December 28, 1989, effective July 2, 1990; November 9,
2001, effective February 15, 2002]
Rule 1.1807 Purpose of administrative rules. The purpose of all rules for court administration
shall be to provide for the administration of justice in an orderly, efficient and effective manner, in
accordance with the highest standards of justice and judicial service.
[Report 1969; November 9, 2001, effective February 15, 2002]
Rules 1.1808 to 1.1900 Reserved.