Joint Procedure Committee - January 2006 Agenda

Joint Procedure Committee - January 2006 Agenda

Agenda
January 26-27, 2006, Meeting
Bismarck

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I. Roll Call and Preliminaries

II. Minutes of September 22-23, 2005, Meeting 1

III. Old Business

Criminal Rules/Annual Rules Package
The Supreme Court has acted on the Committee's rules proposals.
1. Memorandum on Rules Package 30
2. Synopsis of Rules as Adopted 31

IV. New Business

A. Rule 7, N.D.R.Crim.P., The Indictment and the Information
The Committee will consider whether to make changes to N.D.R.Crim.P. 7 in response to State v. Frankfurth.
1. Memorandum on Rule 7 40
2. Proposed N.D.R.Crim.P. 7 42
3. State v. Frankfurth 47
4. Excerpt from 4 Wayne R. LaFave, et.al., Criminal Procedure 56

B. Rule 46, N.D.R.Crim.P., Release from Custody
The Committee will consider whether to make changes to N.D.R.Crim.P. 46 suggested by the Governor's Task Force on Violent and Sexual Offenders.
1. Memorandum on Rule 46 58
2. Proposed N.D.R.Crim.P. 46 59
3. Proposal from Governor's Task Force 71
4. 18 U.S.C. § 3142 72
5. Comment from Judge McCullough 78
6. Excerpts from Committee Minutes 79

C. Rule 32.2, N.D.R.Crim.P., Forfeiture
The Committee will consider whether to adopt a new rule on forfeiture procedure.
1. Memorandum on Rule 32.2 87
2. Proposed N.D.R.Crim.P. 32.2 89
3. Fed.R.Crim.P. 32.2 93
4. N.D.C.C. ch. 29-31.1 104
5. N.D.C.C. §§ 19-03.1-36 -- 19-03.1-36.7 107
6. State v. One Black 1989 Cadillac 111

D. Rule 44, N.D.R.Crim.P., Right to and Appointment of Counsel
The Committee will consider whether to make changes to N.D.R.Crim.P. 44 that reflect the reduced role of the courts in providing indigent counsel.
1. Memorandum on Rule 44 132
2. Proposed N.D.R.Crim.P. 44 133

E. Rule 32, N.D.R.Crim.P., Sentencing and Judgment
The Committee will consider whether to make changes to N.D.R.Crim.P. 32 consistent with the 2005 federal amendments.
1. Memorandum on Rule 32 137
2. Proposed N.D.R.Crim.P. 32 138
3. Fed.R.Crim.P. 32.1 with amendments and comments 147
4. State v. Ennis 150
F. Rule 29, N.D.R.Crim.P., Motion for a Judgment of Acquittal; Rule 33, N.D.R.Crim.P., New Trial; Rule 34, N.D.R.Crim.P., Arresting Judgment
The Committee will consider whether to make changes to N.D.R.Crim.P. 29, 33, and 34 consistent with the 2005 federal amendments.
1. Memorandum on Rules 29, 33, and 34 162
2. Proposed N.D.R.Crim.P. 29 163
3. Proposed N.D.R.Crim.P. 33 167
4. Proposed N.D.R.Crim.P. 34 171
5. Fed.R.Crim.P. 29 with amendments and comments 173

G. Rule 6, N.D.R.Civ.P., Time; Rule 45, N.D.R.Crim.P., Computing and Extending Time
The Committee will consider whether to make changes to N.D.R.Civ.P. 6 and N.D.R.Crim.P. 45 consistent with the 2005 federal amendments.
1. Memorandum on Rules 6 and 45 179
2. Proposed N.D.R.Civ.P. 6 180
3. Proposed N.D.R.Crim.P. 45 184
4. Fed.R.Civ.P. 6 with amendments and comments 188
5. Fed.R.Crim.P. 45 with amendments and comments 194
H. Rule 27, N.D.R.Civ.P., Depositions Before Action or Pending Appeal
The Committee will consider whether to make changes to N.D.R.Civ.P. 27 consistent with the 2005 federal amendments.
1. Memorandum on Rule 27 197
2. Proposed N.D.R.Civ.P. 27 198
3. Fed.R.Civ.P. 27 with amendments and comments 203

I. Rule 3.2, N.D.R.Ct., Motions
The Committee will consider whether to make changes to N.D.R.Ct. 3.2 updating form, style, and content.
1. Memorandum on Rule 3.2 208
2. Proposed N.D.R.Ct. 3.2 210
3. ECJD Standing Order re: Notices of Motion 214
4. Letter and proposal from Valeska Hermanson 217

J. Rule 8.4, N.D.R.Ct., Summons in Action for Divorce or Separation
The Committee will consider whether to expand the scope of Rule 8.4 to include custody matters.
1. Memorandum on Rule 8.4 220
2. Proposed N.D.R.Ct. 8.4 221
3. Proposal from Valeska Hermanson 224

K. Rule 10.2, N.D.R.Ct., Small Claims Court
The Committee will consider whether to adopt a new Small Claims Court rule in response to Wetzel v. Schlenvogt.
1. Memorandum on Rule 10.2 225
2. Proposed N.D.R.Ct. 10.2 227
3. Wetzel v. Schlenvogt 229
4. N.D.C.C. ch. 27-08.1 239
5. Minn. Gen. Prac. R. 512 242