Joint Procedure Committee - Jan. 1999 Agenda

Joint Procedure Committee - January 1999 Agenda

Agenda
January 28-29, 1999 Meeting

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Questions or comments may be directed to Joint Procedure Committee Staff Attorney Gary Raedeke - GaryR@ndcourts.gov.

I. Roll Call

II. Minutes of September 24-25, 1998, Meeting 1

III. Old Business
A. Amendments Effective March 1, 1999

For informational purposes, included in the material are the changes made by the Supreme Court to the amendments proposed by the Committee in its annual rules package.

Memorandum on Amendments . 18
Changes made by Supreme Court .. 20
Rule 43
Rule 77
Rule 32
Rule 32.1
Form 8
Rule 10
Rule 31

B. Clerk of Court Legislation 51

At this time, it does not appear rule amendments are necessary in response to clerk of court legislation as the legislation currently being considered calls for maintaining clerk of court services in every county.

C. Expedited Hearing of Rules 8.6 and 8.7, N.D.R.Ct.

The Committee will consider whether the proposed new rules governing custody investigators and guardians ad litem should be submitted to the Supreme Court before the next annual rules package.

Memorandum on Investigators . 52
Minutes of the Joint Procedure Comm. 9-12 (Sept. 24-25, 1998) .. 54
Memorandum from Sandi Tabor .... 57
Rule 8.6, N.D.R.Ct. .. 58
Rule 8.7, N.D.R.Ct. .. 61

D. Predeliberation Discussion

The Committee will decide whether to petition the Supreme Court for adoption of a rule allowing predeliberation discussion by jurors in civil cases.

Memorandum on Juror Discussion . 65
E-mail from Tom Munsterman 69
Minutes of the Joint Procedure Comm. 9-11 (May 1, 1998) ... 70
National Center for State Court's Study .. 73
Memorandum from Patricia Monson 97
Memorandum . 107
Letter from Ronald McLean . 109
Rule 39(f), Ariz.R.Civ.P .. 110
Articles ... 111
Section 28-14-16, N.D.C.C . 122
Section 29-21-28, N.D.C.C . 123
Proposed Rule 51, N.D.R.Civ.P. . 124

IV. New Business

A. Alternative Dispute Resolution

The Committee will consider recommending changes to Rule 16, N.D.R.Civ.P., and the adoption of two new North Dakota Rules of Court to promote and facilitate the use of ADR processes.

Memorandum on ADR . 128
Final Report of the Joint Dispute Resolution Study Committee 131
Minutes of the Joint Procedure Comm. 19-20
(April 29, 1994) 148
Rule 16, Fed.R.Civ.P. 150
Rule 16.1, Local Rule of the U.S. Dist. Ct. for the Dist. of N.D . 152
Rule 111, Minn. Gen. R. Prac ... 153
Rule 114, Minn. Gen. R. Prac ... 156
Form 111.02, Informational Statement 162
Letter to Janet Demarais Seaworth ... 164
Proposed Rule 16, N.D.R.Civ.P. . 167
Proposed Rule 3.3, N.D.R.Ct. ... 173
Proposed Rule 3.4, N.D.R.Ct. ... 179

B. Rule 4, N.D.R.Civ.P.; Service Upon a Governmental Entity

The Committee will consider, for service upon a governmental entity, whether the category of persons upon whom service may be made should be expanded beyond the governing board of the governmental entity.

Memorandum on Rule 4 . 183
Gessner v. City of Minot, 1998 ND 157, 583 N.W.2d 90 ... 184
Section 28-0604, N.D.R.C .. 189
Provisions for Service Upon Governmental Entity 190
Outline of Statutory Provisions 198
Proposed Rule 4, N.D.R.Civ.P. .. 202

C. Rule 11.1, N.D.R.Ct.; Nonresident Attorneys

The Committee will consider a proposal from the State Bar Board creating a motion procedure, including a $100 filing fee requirement, which must be complied with for a non-admitted nonresident attorney to appear in a North Dakota court proceeding.

Memorandum on Rule 11.1 . 209
Letter from State Bar Board .... 211
Provisions Governing Nonresident Attorneys in North Dakota .... 213
Provisions Governing Nonresident Attorneys in Minnesota .. 214
Provisions Governing Nonresident Attorneys in Montana .... 216
Provisions Governing Nonresident Attorneys in South Dakota .... 218
Proposed Rule 11.1, N.D.R.Ct.; Alternative 1.. 220
Proposed Rule 11.1, N.D.R.Ct.; Alternative 2.. 222

D. Last Minute Settlements and Plea Changes

The Committee will discuss potential solutions to the problems associated with last minute settlements and plea changes, including the assessment of costs unnecessarily incurred.

Memorandum on Settlements . 226
Letter from Judge Vukelic . 227
Rule 16.2, U.S. Dist. Ct. Rules N.D. Fla . 228
Rule 121, Minn. Gen. R. Prac ... 229
Proposed Rule 68, N.D.R.Civ.P. . 230
Proposed Rule 6.11, N.D.R.Ct. .. 235

E. Technical Amendment to Rule 603, N.D.R.Ev.

Memorandum on Rule 603 . 236
Proposed Rule 603, N.D.R.Ev. ... 237

F. Rule 31, N.D.R.Crim.P.; Polling the Jury

The Committee will consider whether to follow the 1998 amendment to Rule 31, Fed.R.Crim.P., and require jurors to be polled individually rather than collectively if polled.

G. Section 10.1, N.D.R. Local Ct. P.R.; Effective Term of Local Court Rule

The Committee will decide whether local case assignment rules should be subject to the 5 year effective term provided in section 10.1, N.D.R. Local Ct. P.R.

Memorandum on Case Assignment . 247
Proposed Section 10.1, N.D.R. Local Ct. P.R... 248