M E M O
TO: Joint Procedure Committee
FROM: Jim Harris
RE: Housekeeping Amendments to N.D.R.App.P. 10 and N.D.R.App.P. 31
Effective March 1, 2001, the Supreme Court adopted amendments to N.D.R.App.P. 10, regarding electronic transmission of transcripts, and N.D.R.App.P. 31, regarding electronic transmission of appellate briefs to the clerk of the supreme court.
However, the amendments and effective date for each rule were not designated in the explanatory note. Additionally, the supreme court clerk has offered a technical amendment to N.D.R.App.P. 10 to reference N.D.R.App.P. 31(b)(2). See meeting materials page 163. Included in the meeting materials are housekeeping amendments to the current versions of N.D.R.App.P. 10 and 31, which incorporate those changes. See meeting materials pages 164-172.
Also, because the Committee has taken action in N.D.R.App.P. 10 in conjunction with its study of the 1998 amendments to the Federal Rules of Appellate Procedure, I have included in the materials the Committee's currently pending recommendation on N.D.R.App.P. 10, with language to incorporate the Supreme Court's 2001 amendments regarding electronic transmission of transcripts and the clerk's technical amendment. See meeting materials pages 173-183, line 63, lines 66-69, lines 93-98, and lines 142-43.
My suggestion is to adopt the housekeeping changes on pages 164-172 of the meeting materials for submission to the Court with the 2001 annual rules package, and the language on pages 173-183, for submission when the entire Appellate Rules Package is submitted to the Court.