M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 8.2's, NDROC, Requirement for Hearing Within 30 Days
Judge Olson has requested Committee review of Rule 8.2, NDROC. He is concerned about Rule 8.2's requirement for a hearing no later than 30 days after a motion for an interim order is filed. The problem is the court cannot comply with the time limit when a motion for change of venue is filed before the hearing is held on the motion for an interim order. This has happened to him twice.
Judge Olson wants hearings for interim relief to be held within 30 days. He has not offered a solution. Instead, he wanted the matter brought to the Committee's attention for ideas.
When a motion for a change of venue is filed before the hearing on a motion for an interim order has been held, should an exception be made to the 30 day time limit? If an exception is made, Judge Olson is concerned about the length of time that will be consumed deciding the motion for a change of venue before the hearing for an interim order is even held.