Joint Procedure Committee - September 2003 Agenda

Joint Procedure Committee - January 2004 Agenda

Agenda
January 30-31, 2004, Meeting
Bismarck

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I. Roll Call and Preliminaries

II. Minutes of September 18-19, 2003 Meeting 1

III. Old Business

A. Rule 41, N.D. Sup. Ct. Admin. R., Access to Judicial Records; Rule 3.1, N.D.R.Ct., Pleadings; Appendix G, N.D.R.Ct.

The Committee will continue work on providing additional protections for social security numbers and other personal information through proposed amendments to N.D. Sup. Ct. Admin. R. 41, N.D.R.Ct. 3.1 and N.D.R.Ct. Appendix G.

1. Memorandum on Privacy Rule Amendments 32
2. Proposed N.D. Sup. Ct. Admin. R. 41 33
3. Proposed N.D.R.Ct. 3.1 39
4. Proposed N.D.R.Ct. Appendix G 42

B. Rule 8.10, N.D.R.Ct., Extraordinary Writs

The Committee will continue work on N.D.R.Ct. 8.10, which is intended to integrate statutory writ application procedure into a single procedural rule.

1. Memorandum on Rule 8.10 44
2. Proposed N.D.R.Ct. 8.10 45
3. N.D.C.C. §§ 29-32.1-07 and 29-32.1-08 49

IV. New Business

A. Rule 62, N.D.R.Civ.P., Stay of Proceedings to Enforce a Judgment; Rule 8, N.D.R.App.P., Stay or Injunction Pending Appeal

The Committee will consider whether to revise N.D.R.Civ.P. 62 and N.D.R.App.P. 8 to impose caps on appellate bonds.

1. Memorandum on Appeal Bond Limits 50
2. Proposed N.D.R.Civ.P. 62 52
3. Proposed N.D.R.App.P. 8 58
4. Referral Letter from Penny Miller 62
5. Petition from John Olson 63
6. Summary of Nationwide Appeal Bond Limitation Rules 71
7. South Dakota Rule 03-13 75
8. Berg v. Berg 76

B. Rule 34, N.D. Sup. Ct. Admin. R., Rule Regarding Domestic Violence Advocates

The Committee will consider whether to revise N.D. Sup. Ct. Admin. R. 34 to allow domestic violence advocates to perform additional duties.

1. Memorandum on Rule 34 79
2. Proposed N.D. Sup. Ct. Admin. R. 34 80
3. E-mail from Judge Wefald 83
4. Letter from Bonnie Palacek 84
5. Timeline/History of Rule 34 87

C. Rule 46, N.D.R.Crim.P., Release from Custody

The Committee will to consider whether to revise N.D.R.Crim.P. 46(b) to correct an ambiguity.

1. Memorandum on Rule 46 88
2. Proposed N.D.R.Crim.P. 46 [Alt. A] 90
3. Proposed N.D.R.Crim.P. 46 [Alt. B] 100
4. 18 U.S.C. 3147 (repealed) 110

D. Rule 51, N.D.R.Civ.P., Instructions to Jury

The Committee will consider whether to revise N.D.R.Civ.P. 51 in accordance with federal amendments to Fed.R.Civ.P. 51.

1. Memorandum on Rule 51 112
2. Proposed N.D.R.Civ.P. 51 114
3. Amendments to Fed.R.Civ.P. 51 and Commentary 119
4. Rau v. Kirschenman 135

E. Rule 53, N.D.R.Civ.P., Masters

The Committee will consider whether to revise N.D.R.Civ.P. 53 in accordance with federal amendments to Fed.R.Civ.P. 53.

1. Memorandum on Rule 53 139
2. Proposed N.D.R.Civ.P. 53 141
3. N.D.R.Ct. 6.5 152
4. Amendments to Fed.R.Civ.P. 53 154

F. Rule 608, N.D.R.Ev., Evidence of Character and Conduct of Witness

The Committee will consider whether to revise N.D.R.Ev. 608 in accordance with federal amendments to Fed.R.Ev. 608.

1. Memorandum on Rule 608 172
2. Proposed N.D.R.Ev. 608 173
3. Amendments to Fed.R.Ev. 608 and Commentary 175
4. State v. Ensminger 179

G. Rule 4, N.D.R.Crim.P., Arrest Warrant or Summons Upon Complaint

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 4 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 4 181
2. Background Memorandum on Rule 4 182
3. Proposed N.D.R.Crim.P. 4 191
4. Amendments to Fed.R.Crim.P. 4 and Commentary 202

H. Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 5 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 5 206
2. Background Memorandum on Rule 5 207
3. Proposed N.D.R.Crim.P. 5 213
4. Amendments to Fed.R.Crim.P. 5 and Commentary 219

I. Rule 5.1, N.D.R.Crim.P., Preliminary Examination

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 5.1 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 5.1 225
2. Background Memorandum on Rule 5.1 226
3. Proposed N.D.R.Crim.P. 5.1 230
4. Amendments to Fed.R.Crim.P. 5.1 and Commentary 233

J. Rule 7, N.D.R.Crim.P., The Indictment and the Information

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 7 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 7 237
2. Background Memorandum on Rule 7 238
3. Proposed N.D.R.Crim.P. 7 243
4. Amendments to Fed.R.Crim.P. 7 and Commentary 249

K. Rule 8, N.D.R.Crim.P., Joinder of Offenses and of Defendants

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 8 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 8 252
2. Background Memorandum on Rule 8 253
3. Proposed N.D.R.Crim.P. 8 255
4. Amendments to Fed.R.Crim.P. 8 and Commentary 258

L. Rule 9, N.D.R.Crim.P., Warrant or Summons Upon Indictment or Information

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 9 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 9 259
2. Background Memorandum on Rule 9 260
3. Proposed N.D.R.Crim.P. 9 264
4. Amendments to Fed.R.Crim.P. 9 and Commentary 269