M E M O

TO: Joint Procedure Committee

FROM: Gerhard Raedeke

RE: Rule 10, N.D.R.App.P., and AR 39; Transcript Specifications

Rule 10, N.D.R.App.P., and AR 39, both contain technical specifications for transcripts. In addition, Rule 10 is supplemented by the general provision found in Rule 32, N.D.R.App.P., which governs the form of papers filed in the Supreme Court. This memo outlines and compares the various requirements found in the rules. Should the inconsistencies be eliminated and the provisions consolidated?

Carbon Copies

Rule 10 allows carbon copies. As amended, effective March 1, 1995, Rule 32 provides carbon copies will not be accepted. Administrative Rule 39 does not address carbon copies. Should carbon copies be allowed?

Numeration of Lines

Rule 10 requires lines to be numbered on the left margin. Neither Rule 32 or AR 39 address whether lines must be numbered.

Limitation on Number of Lines

Under Rule 10, a page may not contain more than 28 lines or fewer than 25. Under Rule 32, a page may not contain more than 27 lines. The minimum number of lines is not specified. Under AR 39, a page may not contain less than 25 lines. The maximum number of lines is not specified.

Size of Margins

Under Rule 10, the left margin may not be less than 1 inches. The width of the other margins is not addressed. Under Rule 32, the left margin must be at least 1 inches wide, and the other margins at least 1 inch. Under AR 39, the left margin may not be more than 1 3/4 inches and the right margins may not be more than 3/8 inches wide. The top and bottom margins are not addressed.

Index Requirement

Both Rule 10 and AR 39 require an index.

Paper Size

Rule 10 does not contain a requirement regarding paper size. Rule 32 and AR 39 require 8 by 11 inch paper.

Type Size and Spacing Requirements

Rule 10's requirements are found in Rule 32, which provides for proportional typeface or monospaced typeface. Administrative Rule 39 requires monospaced typeface having ten characters per inch.

Start of New Lines

Rules 10 and 32 do not specify whether questions and answers must begin on a new line. Administrative Rule 39 requires both to begin on a new line.

Indentation for New Paragraphs

Rules 10 and 32 do not address the size of indentations. Administrative Rule 39 provides indentations for speakers or paragraphs may not be more than ten spaces from the left margin.

Numeration of Pages

Rule 32 requires pages to be numbered at the bottom. Administrative Rule 39 requires pages to be numbered consecutively.

The following proposals consolidate the provisions regarding the form of a transcript into a new Rule 10(e), and eliminate the provisions currently in Rule 10(e) and AR 39.