Joint Procedure Committee - April 2002 Agenda

Joint Procedure Committee - April 2002 Agenda

Agenda
April 25-26, 2002 Meeting
Fargo

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I. Roll Call and Preliminaries

II. Minutes of January 24-25, 2002, Meeting 1

III. Old Business

Rule 25, N.D.R.App.P. ; Filing and Service
The Committee will consider an amendment to N.D.R.App.P. 25 that would allow the Supreme Court to accept electronically filed documents.
1. Memorandum on Rule 25 22
2. Proposed N.D.R.App.P. 25 25
3. Fed.R.App.P. 25 29
4. 8th Cir.R. 25A 31
5. Washington E-mail Filing Policy 32
6. North Carolina Electronic Filing Instructions 35
7. Emerging Electronic Filing Court Rules and Standards 39
8. GSU E-Filing White Paper Summary 43
9. Arizona St.S.Ct.R. 124 50

Rule 3.3, N.D.R.Ct. ; Change of Judge for Postjudgment Motion or Proceeding

The Committee will consider amendments to N.D.R.Ct. 3.3 allowing postjudgment judge reassignments in child support matters.

Memorandum on Rule 3.3 53
Proposed N.D.R.Ct. 3.3 56
E-mail from Judge Wefald 58
N.D. Const. art. VI, §§ 3, 8 59
N.C.C.C. §§ 27-05-06, 29-15-21 61

Appendix F, N.D.R.Ct. ; Alternative Dispute Resolution Statement Form;

Rule 16, N.D.R.Civ.P. ; Pretrial Conferences, Scheduling, Management;

Rule 40, N.D.R.Civ.P.; Assignment of Cases for Trial

The Committee will consider amendments to N.D.R.Ct. Appendix F, N.D.R.Civ.P. 16, and N.D.R.Civ.P. 40 related to scheduling information and scheduling orders in civil cases.

Rule 23, N.D.R.Civ.P. ; Class Actions

The Committee will consider whether it is necessary to further amend N.D.R.Civ.P. 23 to bring it into conformity with F.R.Civ.P. 23.

Rule 34, N.D.R.App.P. ; Oral Arguments

The Committee will consider amendments to N.D.R.App.P. 34 giving the Supreme Court more flexibility regarding oral arguments.

IV. New Business

Uniform Mediation Act
The Committee will consider whether to include the provisions of the Uniform Mediation Act in the procedural rules.
1. Memorandum on Mediation 128
2. Executive Summary 129
3. Uniform Mediation Act 130

Rule 2.2, N.D.R.Ct.; Facsimile Transmission

The Committee will consider an amendment to N.D.R.Ct. 2.2 removing the requirement that the original order or warrant be filed in cases where a facsimile transmission was made.

Rule 47, N.D.R.Civ.P.; Jurors

The Committee will consider an amendment to N.D.R.Civ.P. 47 clarifying the language of the rule.

Memorandum on Rule 47 146
Proposed N.D.R.Civ.P. 47 147
Letter from Judge Holum 151
Staiger v. Gaarder, 258 N.W.2d 641 (1977) 153

Rule 13, N.D. Sup. Ct. Admin. R.; Judicial Referees

The Committee will consider an amendment to N.D. Sup. Ct. Admin. R. 13 clarifying service requirements for judicial referee orders.

Memorandum on Rule 13 159
Proposed N.D. Sup. Ct. Admin. R. 13 160
Letter from Penny Miller 162
Letter from Judge Christofferson 163

Appellate Rule Revisions

The Committee will consider amendments to the N.D.R.App.P. patterned after the 1998 revisions to the Federal Rules of Appellate Procedure.