M E M O

TO: Joint Procedure Committee

FROM: Gerhard Raedeke

RE: Rule 35.1, N.D.R.App.P.; Summary Disposition

Chief Justice VandeWalle has asked for Committee consideration of an amendment to Rule 35.1, N.D.R.App.P., to allow reversal by summary opinion. The proposal is limited to instances when a previous controlling appellate decision is dispositive of the appeal. Currently, Rule 35.1 only provides for affirmance by summary opinion.

In the following material are rules from other jurisdictions allowing summary reversals.