TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 11, 2014
RE: Rule 26, N.D.R.Civ.P., General Provisions Governing Discovery
In an email, Judge McCullough suggested that a reference in Rule 26 to filing sealed material in an envelope be removed because it is obsolete, given electronic filing requirements. A copy of the e-mail is attached. Staff contacted IT Director Larry Zubke regarding appropriate new terminology for the rule and he said that "sealed" is still used to refer to confidential documents that are e-filed.
Staff has prepared proposed amendments to Rule 26 that would eliminate the term "envelope" from the rule. Staff also suggests an additional amendment that would clarify that the e-mail address required as part of the rule's signature requirement is the e-mail address for e-service. The proposed amendments are attached.