SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 4 - Persons Subject to Jurisdiction; Process; Service
An amendment to Rule 4 is proposed that would transfer paragraph (c)(3) on making a demand to file the complaint to Rule 5.
Rule 5 - Service and Filing of Pleadings and Other Papers
Amendments to Rule 5 are proposed to require in subparagraph (d)(2)(A) that proof of service be provided and filed by a party seeking to file an initiating pleading and to include in subparagraph (d)(2)(A) transferred language from Rule 4 that would allow the defendant to demand filing of the complaint or to file the complaint itself.
Rule 8 - General Rules of Pleading
An amendment to Rule 8 is proposed that would re-letter the rule to reflect the movement of the content of former subdivision (d) to paragraph 8(b)(6).
Rule 26 - General Provisions Governing Discovery
Amendments to Rule 26 are proposed to include in subparagraph (b)(1)(A) a definition of "electronically stored information" and to designate what types of metadata may be discovered and to provide in subdivision (f) a procedure for discovery meetings and conferences and for the formulation of discovery plans and reports, with an emphasis on discussing and planning for the discovery of electronic information.
Rule 33 - Interrogatories to Parties
An amendment to Rule 33 is proposed to limit the number of interrogatories a party may serve to 50.
An amendment to Rule 45 is proposed to direct persons to proposed new N.D.R.Ct. 5.1 for information about how to proceed with discovery in this state in an action pending in an out-of-state court.
Rule 58 - Entry and Notice of Entry of Judgment
An amendment to Rule 58 is proposed to require in subdivision (b) that the prevailing party identify the docket number and the date the judgment was signed in the notice of entry of judgment; serve a copy of the judgment with the notice of entry; and file the notice of entry of judgment, but not the copy judgment.
B. North Dakota Rules of Appellate Procedure
Rule 24 - Supplemental Brief of Indigent Defendant
An amendment to Rule 24 is proposed to decrease the page volume allowed in a supplemental brief to 16 pages.
Rule 32 - Form of Briefs, Appendices, and Other Papers
An amendment to Rule 32 is proposed to decrease the page and type volume allowed in a primary brief to 8,000 words or 32 pages and in a response brief 2,000 words or 8 pages.
Rule 40 - Petition for Rehearing
An amendment to Rule 40 is proposed to decrease the page and type volume allowed in a petition for rehearing to 2,000 words or 8 pages.
C. North Dakota Rules of Criminal Procedure
An amendment to Rule 3 is proposed to allow the complaint to be presented to the magistrate by telephone or other reliable electronic means under proposed new Rule 4.1.
Rule 4 - Arrest Warrant or Summons upon Complaint
An amendment to Rule 4 is proposed to allow the magistrate to issue a warrant or summons based on information communicated by telephone or other reliable electronic means under the procedure set out in proposed new Rule 4.1.
Rule 4.1 - Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means
A new rule is proposed to establish a procedure for the magistrate to follow in considering information communicated by telephone or other reliable electronic means when reviewing a complaint or deciding whether to issue a warrant or summons.
Rule 7 - The Indictment and the Information
An amendment to Rule 7 is proposed to clarify that municipal ordinance cases transferred to district court under N.D.C.C. § 40-18-06.2 are not prosecuted in the name of the State.
Rule 9 - Warrant or Summons upon Indictment or Information
Amendments to Rule 9 are proposed to incorporate the provisions of Rule 4(b) concerning formal requirements for issuance of the warrant or summons and to allow the magistrate to issue a warrant or summons based on information communicated by telephone or other reliable electronic means under the procedure set out in Rule 4.1.
An amendment to Rule 17 is proposed to direct persons to proposed new N.D.R.Ct. 5.1 for information about how to proceed with discovery in this state in an action pending in an out-of-state court.
Rule 32.2 - Pretrial Diversion
An amendment to Rule 32.2 is proposed to include payment of fees or costs as an additional condition to a pretrial diversion agreement.
Amendments to Rule 41 are proposed to delete former language on warrant by remote communications or electronic transmission and to allow the magistrate to issue a warrant based on information communicated by telephone or other reliable electronic means under the procedure set out in proposed new Rule 4.1.
D. North Dakota Rules of Juvenile Procedure
An amendment to Rule 13 is proposed to direct persons to proposed new N.D.R.Ct. 5.1 for information about how to proceed with discovery in this state in an action pending in an out-of-state court.
E. North Dakota Rules of Court
Rule 5.1 - Interstate Depositions and Discovery
A new rule is proposed to establish a uniform procedure on proceeding with discovery in this state in an action pending in an out-of-state court. The proposed rule is derived from the Uniform Interstate Depositions and Discovery Act.