TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 11, 2014
RE: Rule 5, N.D.R.Civ.P., Service and Filing of Pleadings and Other Documents
The committee examined Minn.R.Civ.P. 5.04 at the September meeting and used the second paragraph of the rule as a model for proposed amendments to N.D.R.Ct. 3.1. During the course of the discussion, members suggested that the committee look into adopting the first paragraph of the Minnesota rule as part of Rule 5.
Staff has prepared a proposed amendment to Rule 5(d) based on the Minnesota rule. The proposed amendment would essentially require dismissal of a summons and complaint that had not been filed within a year of service. The proposed amendments to Rule 5 are attached.
The committee may wish to discuss whether to place any limits on this proposal. The Minnesota dismissal rule, for example, does not extend to family court actions.