TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 13, N.D. Sup Ct. Admin. R.; Judicial Referees
Judge Christofferson submitted a request to the Court Administrator's Office to revise the language of Rule 13 relating to delivery of orders issued by judicial referees. The Supreme Court considered the request at conference and referred it to the Committee.
Judge Christofferson expressed concern that the language of Rule 13 (10)(b) was vague in regard to service of judicial referee orders. He suggested that the lack of clarity might lead to inadequate service in matters involving termination of parental rights.
Under Rule 10 (a), an order issued by a judicial referee has the same effect as an order issued by the district court. N.D.R.Civ.P. 5 governs the service of court orders in non-criminal cases. A proposed amendment to Rule 13 (10)(b) is attached containing language clarifying that orders issued by judicial referees must be served in accordance with N.D.R.Civ.P. 5.