SYNOPSIS OF AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 5, Service and Filing of Pleadings and Other Papers
An amendment to subdivision (f) allows court personnel to provide proof of service by certificate.
Rule 23, Class Actions
A new subdivision (t) specifies that an appeal of a certification order does not stay proceedings in the district court absent a court order imposing a stay.
Rule 47, Jurors
An amendment to subdivision (d) clarifies that each "side" may exercise one peremptory challenge against an alternate juror.
Rule 55, Default
An amendment to paragraph (a)(3) clarifies that a party seeking a default judgment must comply with the requirements of N.D.R.Ct. 3.2.
B. North Dakota Rules of Court
Rule 2.2, Facsimile Transmission
An amendment to subdivision (b) removes the requirement that an "original" order or warrant be filed, allowing a facsimile transmission to be filed instead.
Rule 3.3, Change of Judge for Postjudgment Motion or Proceeding
A new paragraph (4) allows a judge other than the judge who entered a child support order or judgment to amend or enforce the order or judgment.
Rule 7.1, Judgments, Orders and Decrees
Subdivision (d) is amended to incorporate stylistic changes in paragraph (d)(1) and to incorporate the provisions of N.D.C.C. § 28-20-28 in paragraph (d)(2). The amended rule will supersede N.D.C.C. § 28-20-28.
Appendix F, Rule 8.8 Alternative Dispute Resolution Statement
Appendix F is amended to allow parties to specify a date when they will be ready to consider ADR and to specify a time frame in which they desire the court to schedule ADR.
C. North Dakota Supreme Court Administrative Rules
Rule 13, Judicial Referees
An amendment to Section (10)(b) clarifies that findings and orders must be served in accordance with N.D.R.Civ.P. 5.