M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 11, N.D.R.App.P; Forwarding the Record
This memo outlines proposed changes to N.D.R.App.P. 11 in response to the December 1, 1998, amendment to Fed.R.App.P. 11. Rule 11 addresses forwarding the record. The proposal follows the federal amendment by using the language "forwarding" instead of "transmission."
Subdivision (a) addresses the time for forwarding the record. The clerk's duty and the appellant's duty are broken into separate paragraphs. The changes are stylistic.
Subdivision (b) addresses the method of forwarding the record. It contains stylist changes. Most of the language is taken from the federal rule.
Subdivision (c) concerns retention of the record. The changes are stylistic. The language is not from the federal rule. The subdivision is broken into three paragraphs. Paragraph one addresses how the record may be retained. Paragraph two addresses retention by a party. Paragraph three addresses retention by the person preparing the transcript.
Subdivision (d) concerns retention of the record by court order. The changes are stylistic. Subdivision (d) follows the federal rule, and is broken into paragraphs. Paragraph one addresses a supreme court order for the record to be retained. Paragraph two addresses a trial court order for the record to be retained.
Subdivision (e) concerns retention of the record in the trial court by stipulation of the parties. The proposed changes are stylistic and track the federal amendment.
Subdivision (f) concerns the record for a preliminary motion in the Supreme Court. The proposal is stylistic and tracks the 1998 federal amendment by using a bulleted checklist.
Subdivisions (g) and (h) are not in the federal rule. The proposed changes are stylistic, and the requirements for a motion to dismiss are put in a bulleted list form.