Joint Procedure Committee - April 2004 Agenda

Joint Procedure Committee - April 2004 Agenda

Agenda
April 29-30, 2004, Meeting
Fargo

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I. Roll Call and Preliminaries

II. Minutes of January 29-30, 2004, Meeting 1

III. Old Business

A. Rule 16, N.D.R.Civ.P., Pretrial Conferences, Scheduling, Management

Staff will update the Committee on the Supreme Court's revisions to N.D.R.Civ.P. 16.

1. Memorandum on Rule 16 30
2. Supreme Court Order on Rule 16 31
3. Approved Amendments to Rule 16 32
4. N.D.R.Proc.R. Section 3 36

B. Rule 41, N.D. Sup. Ct. Admin. R., Access to Judicial Records; Rule 3.1, N.D.R.Ct., Pleadings; Appendix G, N.D.R.Ct.

The Committee will continue work on providing additional protections for social security numbers and other personal information through proposed amendments to N.D. Sup. Ct. Admin. R. 41, N.D.R.Ct. 3.1 and N.D.R.Ct. Appendix G.

1. Memorandum on Alternative Privacy Proposal 37
2. Proposed Alternative N.D.R.Ct. 3.1 39
3. Model Rule for N.D.R.Ct. 3.1 Alternative 43
4. Proposed N.D.R.Ct. 3.1 44
5. Proposed N.D. Sup. Ct. Admin. R. 41 47
6. Proposed N.D.R.Ct. Appendix G 55
7. Letter from Ted Gladden 57
8. E-mail from Colette Bruggman 58

C. Rule 62, N.D.R.Civ.P., Stay of Proceedings to Enforce a Judgment; Rule 8, N.D.R.App.P., Stay or Injunction Pending Appeal

The Committee will continue work on proposed revisions to N.D.R.Civ.P. 62 and N.D.R.App.P. 8 dealing with caps on appellate bonds.

1. Memorandum on Appeal Bond Limit Proposals 59
2. Proposed N.D.R.Civ.P. 62 60
3. Proposed N.D.R.App.P. 8 66
4. Alternative N.D.R.Civ.P. 62 70
5. Alternative N.D.R.App.P. 8 77
6. Letter from John Olson 81
7. Letter from N.D. Farm Bureau 84
8. Letter from N.D. Petroleum Marketers Association 85
9. Texas Code Section 52.006 86

IV. New Business

A. Rule 6.1, N.D.R.Ct., Continuances

The Supreme Court has requested that the Committee review a proposed amendment to N.D.R.Ct. 6.1 which would require consideration of N.D. Sup. Ct. Admin. R. 12 when a continuance is granted.

1. Memorandum on Rule 6.1 87
2. Proposed N.D.R.Ct. 6.1 88
3. Letter from Penny Miller and Attachments 89
4. N.D. Sup. Ct. Admin. R. 12 98

B. Rule 39.1, N.D.R.Civ.P., Change in Location of a Hearing, Proceeding, or Trial; Change of Venue

The Committee will consider whether to adopt an amendment giving the Supreme Court more flexibility in judge assignment when venue is changed.

1. Memorandum on Rule 39.1 102
2. Proposed N.D.R.Civ.P. 39.1 104
3. N.D.C.C. § 27-05-22 107
4. Rudnick v. City of Jamestown 108
5. Thompson v. Peterson 118

C. Rule 3.1, N.D.R.Ct., Pleadings

Judge Nelson has forwarded some questions regarding N.D.R.Ct. 3.1's guidelines for the filing of documents.

1. Memorandum on Rule 3.1 126
2. Proposed N.D.R.Civ.P. 3.1 127
3. Letter from Judge Nelson 130
4. Clerk of Court Survey 132

D. Rule 40, N.D.R.Civ.P., Assignment of Cases for Trial

Mr. Lynn Boughey has submitted a proposed amendment to N.D.R.Civ.P. 40 which would add a "certificate of readiness for ruling" option to the rule.

1. Memorandum on Rule 40 145
2. Proposed N.D.R.Civ.P. 40 147
3. Letter from Lynn Boughey 153
4. E-mail from Lynn Boughey 157

E. Rule 8.2, N.D.R.Ct., Interim Orders in Domestic Relations Cases

Mr. Michael McIntee has proposed that Rule 8.2 be amend to include sanctions for parties who fail to comply with requirements to file affidavits and financial statements.

1. Memorandum on Rule 8.2 159
2. Proposed N.D.R.Ct. 8.2 160
3. Letter from Penny Miller 165
4. Letter and Brief from Michael McIntee 166
5. Dethloff v. Dethloff 171

F. Form 25, N.D.R.Civ.P., Scheduling Statement

The Committee will consider whether to adopt a scheduling statement form to streamline the N.D.R.Civ.P. 16 scheduling hearing process.

1. Memorandum on Form 25 181
2. Proposed N.D.R.Civ.P. Form 25 (Federal Model) 182
3. Proposed N.D.R.Civ.P. Form 25 (Minnesota Model) 183
4. Form 35, Fed.R.Civ.P 186
3. Form 111.02, Minn.Gen.R.Prac. 187
4. E-mail from Steven Lamb 189

G. Rule 3.2, N.D.R.Ct., Motions

The Committee will consider whether to adopt updated language for this rule's explanatory note.

1. Memorandum on Rule 3.2 190
2. Proposed N.D.R.Ct. 3.2 191

H. Rule 10, N.D.R.Crim.P., Arraignment

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 10 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 10 195
2. Proposed N.D.R.Crim.P. 10 196
3. Amendments to Fed.R.Crim.P. 10 and Commentary 199
4. City of Fargo v. Bommersbach 201

I. Rule 11, N.D.R.Crim.P., Pleas

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 11 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 11 205
2. Proposed N.D.R.Crim.P. 11 206
3. Amendments to Fed.R.Crim.P. 11 and Commentary 221
4. Froistad v. State 229
5. Abdi v. State 240

J. Rule 12, N.D.R.Crim.P., Pleadings and Motions Before Trial; Defenses and Objections

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 12 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 12 250
2. Proposed N.D.R.Crim.P. 12 251
3. Amendments to Fed.R.Crim.P. 12 and Commentary 259

K. Rule 12.1, N.D.R.Crim.P., Notice of Alibi

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 12.1 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 12.1 263
2. Proposed N.D.R.Crim.P. 12.1 264
3. Amendments to Fed.R.Crim.P. 12.1 and Commentary 270

L. Rule 12.2, N.D.R.Crim.P., Notice of Defense Based on Mental Condition

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 12.2 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 12.2 272
2. Proposed N.D.R.Crim.P. 12.2 273
3. Amendments to Fed.R.Crim.P. 12.2 and Commentary 279

M. Rule 12.3, Fed.R.Crim.P., Notice of a Public Authority Defense; Rule 12.4, Fed.R.Crim.P., Disclosure Statement

The Committee will consider whether two federal criminal procedure rules should be adapted for use in North Dakota.

1. Memorandum on Federal Rules 12.3 and 12.4 281
2. Amendments to Fed.R.Crim.P. 12.3 and Commentary 282
3. Amendments to Fed.R.Crim.P. 12.4 and Commentary 285

N. Rule 13, N.D.R.Crim.P., Trial Together of Indictments or Informations or Complaints

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 13 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 13 286
2. Proposed N.D.R.Crim.P. 13 287
3. Amendments to Fed.R.Crim.P. 13 and Commentary 290

O. Rule 14, N.D.R.Crim.P., Relief from Prejudicial Joinder

The Committee will consider whether to adopt form and style changes to N.D.R.Crim.P. 14 consistent with changes in the federal criminal rules.

1. Memorandum on Rule 14 291
2. Proposed N.D.R.Crim.P. 14 292
3. Amendments to Fed.R.Crim.P. 14 and Commentary 295

P. Rule 15, N.D.R.Crim.P., Depositions

The Committee will consider whether to adapt N.D.R.Crim.P. 15 to be consistent with Fed.R.Crim.P. 15.

1. Memorandum on Rule 15 296
2. Fed.R.Crim.P. 15 and Commentary 297
3. Rule 431, Uniform Rules of Crim.P. and Commentary 302