SYNOPSIS OF RULE AMENDMENTS AS ADOPTED
A. North Dakota Rules of Civil Procedure
Rule 4 - Persons Subject to Jurisdiction - Process - Service
Paragraph (c)(2) is amended to require a copy of the complaint to be served with the summons under most circumstances.
Paragraph (c)(3) is amended:
-- to allow a demand to file complaint to be served on attorney under N.D.R.Civ.P. 5;
-- to specify that, in a multiple defendant case, service of a demand to file complaint by one defendant is effective for all defendants; and
-- to provide an exception for excusable neglect in responding to a demand to file complaint.
Subdivision (e) is amended to clarify how to count the three-day extension for service by mail or commercial carrier.
Subdivision (a) is amended to specify that, if the State of North Dakota is a real party in interest to an action, it must be named as a party in the title, regardless of whether it was named as a party when the action was filed.
Subdivision (a) is amended to delete a reference to the summons being served without the complaint.
Rule 17 - Parties Plaintiff and Defendant - Capacity
The explanatory note is amended to cross-reference N.D.R.Civ.P. 10's requirement that the State of North Dakota be named in the title if it is a real party in interest to an action.
Rule 27 - Depositions Before Action or Pending Appeal
Paragraph (a)(2) is amended to improve organization and make the paragraph easier to understand.
The explanatory note is amended to clarify that the rule applies to a jury trial demand under the Uniform Probate Code.
Subdivision (b) is amended to eliminate the requirement for parties to serve a separate notice for production when they are serving a deposition notice.
B. North Dakota Rules of Criminal Procedure
Subdivision (a) is amended to specify that the complaint must contain a statement of facts establishing the elements of the offense charged.
Rule 7 - The Indictment and the Information
Subdivision (c) is amended to specify that the indictment or information must contain a statement of facts establishing the elements of the offense charged.
Rule 29 - Motion for a Judgment of Acquittal
Paragraph (c)(1) is amended to delete language requiring the trial court to rule on a motion for extension of time within ten days.
Rule 32 - Sentencing and Judgment
Paragraph (f)(3) is amended to clarify that a probationer must be given an opportunity to make a statement of mitigation at a revocation hearing.
Paragraph (b)(2) is amended to delete language requiring the trial court to rule on a motion for extension of time within ten days.
Subdivision (b) is amended to delete language requiring the trial court to rule on a motion for extension of time within ten days.
Rule 45 - Computing and Extending Time
Subdivision (b) is amended to take into account changes to Rules 29, 33, and 34.
Subdivision (c) is amended to clarify how to count the three-day extension for service by mail or commercial carrier.
C. North Dakota Rules of Evidence
Rule 702 - Testimony by Experts
The explanatory note is amended to delete an obsolete case reference.
Rule 703 - Bases of Opinion Testimony by Experts
New language derived from the 2000 amendment to Fed.R.Ev. 703 is added to the rule.
D. North Dakota Rules of Appellate Procedure
Rule 3 - Appeal as of Right - How Taken
The explanatory note is amended to clarify how parties on appeal are named.
A new subdivision (e) is added specifying time deadlines for an appeal under the Uniform Juvenile Court Act.
Rule 32 - Form of Briefs, Appendices, and Other Papers
Paragraph (a)(2) is amended to clarify that covers of petitions for rehearing must be the same color as the petitioning party's principal brief.
E. North Dakota Rules of Court
Paragraph (j)(4) is amended to clarify that court personnel have no duty to review filed documents.
Subdivision (a) is reorganized for clarity.
A new subdivision (b) on hearings is added. The new subdivision contains new language allowing hearings by electronic means and new language requiring the court to review parties' submissions before ordering a hearing.
A new paragraph (f)(2) is added clarifying that the rule applies to formal proceedings under the Uniform Probate Code.
Rule 8.4 - Summons in Action for Divorce or Separation
A new subdivision (c) is added to require restraining provisions to be included in the summons in a custody matter.