Joint Procedure Committee - April 2001 Agenda

Joint Procedure Committee - April 2001 Agenda

Agenda
April 26-27, 2001 Meeting
Bismarck

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Questions or comments may be directed to Staff Attorney Jim Harris - jharris@ndcourts.gov.

I. Roll Call and Preliminaries

II. Minutes of September 28-29, 2000 Meeting 1

III. Old Business

2000 Annual Rules Package
The Committee will review the changes made by the Supreme Court to the 2000 Annual Rules Package.
1. Memorandum on Rules Package 15
2. Changes made by Supreme Court 17
3. Memorandum to Supreme Court Justices 22
Rule 82, N.D.R.Civ.P.
The Committee will consider amending N.D.R.Civ.P. 82 to delete the language pertaining to venue.
1. Memorandum on Rule 82 29
2. Proposed N.D.R.Civ.P. 82 30
Rule 7, N.D.R.App.P.
The Committee will consider amending N.D.R.App.P. 7 to follow F.R.App.P. 7.
1. Memorandum on Rule 7 31
2. Proposed N.D.R.App.P. 7 34
Rule 4, N.D.R.App.P.; Rule 37, N.D.R.Crim.P.; 2001 S.B. 2077
The Committee will consider an amendment to the explanatory note to N.D.R.App.P. 4, the time for appeal in a criminal action, and the time for appeal in post-conviction proceedings.
1. Memorandum on Rule 4 37
2. SB 2077 39
3. Letter from Penny Miller 40
4. Proposed N.D.R.App.P. 4 (patterned after 1998 amendments to F.R.App.P. 4) 41
5. Proposed N.D.R.Crim.P. 37 49
6. Proposed N.D.R.App.P. 4 (current version of rule) 58
1998 Revisions to Federal Rules of Appellate Procedure
The Committee will consider amendments patterned after the 1998 revisions to the Federal Rules of Appellate Procedure.
1. Rule 11, N.D.R.App.P.; Forwarding the Record
  1. Memorandum on Rule 11 63
  2. Fed.R.App.P. 11 65
  3. Proposed N.D.R.App.P. 11 68
2. Rule 12, N.D.R.App.P.; Docketing the Appeal
  1. Memorandum on Rule 12 75
  2. Fed.R.App.P. 12 76
  3. Proposed N.D.R.App.P. 12 77
3. Rule 13, N.D.R.App.P.; Sanctions
  1. Memorandum on Rule 13 80
  2. Proposed N.D.R.App.P. 13 81
4. Rules 15-24, N.D.R.App.P.; Reserved for Future Use
5. Rule 25, N.D.R.App.P.; Filing and Service
  1. Memorandum on Rule 25 87
  2. Fed.R.App.P. 25 88
  3. Proposed N.D.R.App.P. 25 92
6. Rule 26, N.D.R.App.P.; Computing and Extending Time
  1. Memorandum on Rule 26 96
  2. Fed.R.App.P. 26 97
  3. Proposed N.D.R.App.P. 26 99

IV. New Business

Rule 8.5, N.D.R.Ct.
The Committee will consider whether to make domestic relations summary proceedings available on a statewide basis.
1. Memorandum on Rule 8.5 102
2. Letter from Penny Miller 103
3. Letters and Materials from Judge Bohlman 104
4. Excerpts from September 1995 JtPC Meeting 125
5. Forms 135
6. Proposed N.D.R.Ct. 8.5 154
Rule 32, N.D.R.App.P.
The Committee will consider a housekeeping amendment to N.D.R.App.P. 32.
1. Letter from Penny Miller 158
2. Proposed N.D.R.App.P. 32 159
Rule 10, N.D.R.App.P.
The Committee will consider housekeeping amendments to N.D.R.App.P. 10 and N.D.R.App.P. 31.
1. Memorandum on Rule 10 162
2. Letter from Penny Miller 163
3. Proposed N.D.R.App.P. 10 (current version of rule) 164
4. Proposed N.D.R.App.P. 31 170
5. Proposed N.D.R.App.P. 10 (patterned after 1998 amendments to F.R.App.P. 10) 173