TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 10, N.D.R.App.P.; The Record on Appeal
At its September 2002 meeting, the Committee approved amendments to Rule 10 by an 8 to 5 vote. Because the amendments were approved by less than a two-thirds majority, they are back again for review.
The amendments at issue are found at lines 39-40 of the attached rule draft--the other changes reflected in the draft have been approved by the Supreme Court and take effect March 1, 2003.
The amendments were prompted by concerns that the new voir dire recording requirement may prove to be a hardship to a party required to order the transcript on appeal, given that voir dire often is lengthy. It was suggested that Rule 10 be modified to make transcription of the voir dire portion of the record optional.
The Committee's discussion of the amendments can be found in the September minutes, which are included in the meeting materials.