TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 3.2, N.D.R.Ct., Motions
After receiving an inquiry regarding Rule 3.2, staff reviewed the rule's explanatory note and found that there was no language explaining the fairly important 1997 addition of subdivision (e). This subdivision basically says that, when a provision of Rule 3.2 is in conflict with another Supreme Court rule, the other rule applies.
Proposed amendments to the Rule 3.2 explanatory note are attached. One change provides information about the adoption of subdivision (e). Other changes are made to update the explanatory note and remove old case references.