M E M O
TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 37, N.D.R.Civ.P.; Failure to Make or Cooperate in Discovery; Sanctions
A limited change is proposed for N.D.R.Civ.P. 37 in an effort to incorporate Discovery Guideline 5 ("The court should not entertain discovery motions until counsel have met and conferred in a good faith effort to resolve discovery disputes and movant has filed a detailed certificate of compliance").
Paragraph (a)(2) is amended to require the parties to confer (or attempt to confer) before a discovery motion can be brought. A corresponding amendment is made to the Explanatory Note.