Proposed Amendments to North Dakota Rules

Proposed Amendments to North Dakota Rules - 20070205

Proposed Amendments to North Dakota Court Rules
Supreme Court Docket No. 20070205

Pages and lines are numbered in the printed document. Copies of the printed rules may be requested from Penny Miller, Clerk of the Supreme Court - .

Questions may be directed to Staff Attorney Mike Hagburg - .

Click here for information on filing comments on the proposed rules.

TABLE OF CONTENTS

I. Petition for adoption, amendment, or repeal of court rules

II. Synopsis of proposed amendments

III. Amendments Proposed by Joint Procedure Committee

A. North Dakota Rules of Civil Procedure
Rule 5 - Service and Filing of Pleadings and Other Papers 8
Rule 26 - General Provisions Governing Discovery 15
Rule 33 - Interrogatories to Parties 26
Rule 34 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes 30
Rule 37 - Failure to Make or Cooperate in Discovery; Sanctions 34
Rule 40 - Assignment of Cases for Trial 41
Rule 45 - Subpoena 46
Rule 50 - Judgment as a Matter of Law in Jury Trials 55

B. North Dakota Rules of Criminal Procedure
Rule 17 - Subpoena 61
Rule 37 - Appeal as of Right to District Court; How Taken 67
Rule 43 - Defendant's Presence 74

C. North Dakota Rules of Evidence
Rule 404 - Character Evidence Not Admissible to Prove Conduct, Exceptions: Other Crimes 77
Rule 408 - Compromise and Offers to Compromise 82
Rule 510 - Waiver of Privilege by Voluntary Disclosure 85
Rule 606 - Competency of Juror as Witness 87
Rule 609 - Impeachment by Evidence of Conviction of Crime 90

D. North Dakota Rules of Appellate Procedure
Rule 2.1 - Mental Health Appeals Under N.D.C.C. ch. 25-03.1 94
Rule 4 - Appeal - When Taken 97
Rule 10 - The Record on Appeal 104
Rule 14 - Identity Protection 112
Rule 25 - Filing and Service 114
Rule 26 - Computing and Extending Time 118
Rule 28 - Briefs 121
Rule 31 - Serving and Filing Briefs 127
Rule 32 - Form of Briefs, Appendices and Other Papers 130
Rule 40 - Petition for Rehearing 136
Rule 44 - Case Involving a Constitutional Question When the State is Not a Party 139

E. North Dakota Rules of Court
Rule 10.1 - Conduct in Court 140

F. North Dakota Supreme Court Administrative Rules
Order 14 - Electronic Filing Pilot Project 143
Order 16 - Electronic Filing Pilot Project for the District Courts 147