M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 10, N.D.R.App.P.; The Record on Appeal
At the last meeting, the Committee postponed consideration of Rule 10 until this meeting. The Committee wanted language added providing an appellant has a duty to order only those portions of the transcript relevant to the issues appealed. The Committee seemed most concerned about criminal cases and indigent defense cases in particular. Members said civil cases are different because the parties are paying for the transcript.
For the Committee's consideration, subdivision (b) is changed to provide for the appellant to order a transcript of the proceedings as follows:
"(C) in a civil action, a complete transcript must be ordered, unless a stipulation is obtained from all affected parties specifying the portions which are not required for the purposes of appeal;
(D) in a criminal action, a transcript may only be ordered of the proceedings relevant to the appeal;"
The rest of the changes in Rule 10 follow the 1998 amendment to Fed.R.App.P. 10 or the new federal format of separating enumerations into separate paragraphs, subparagraphs, clauses or bulleted lists.
Should Rule 10 be amended?