M E M O
TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Action on Rules Packages by Supreme Court
The North Dakota Supreme Court approved the annual rules package on November 20, 2003 and the appellate rules package on November 21, 2003. The amended rules as approved by the Supreme Court take effect March 1, 2003.
The Court has also approved two emergency rule changes approved by the Committee in September 2002. The Committee's proposed changes to Administrative Order 13, the order governing the ITV project in the East Central Judicial District, took effect October 1, 2002. The Committee's proposed changes to N.D.R.Ct. 8.2, Interim Orders in Domestic Relations Cases, took effect October 9, 2002.
The Court had questions about the Committee's amendments to N.D.R.Civ.P. 23 and N.D.R.Ct. 3.3 and requested additional research on these rules. The research memoranda prepared in response to the Court's requests are included here as part of the meeting materials. Ultimately, the Court decided to approve all the amendments that were part of the Committee's annual rules package without change.
The Court made several changes to the amended appellate rules proposed by the Committee. The biggest change was the Court's decision to retain an appellate cost bond rule. The Court understood the Committee's desire to do away with a bonding requirement that can be a waste of time. On the other hand, the Court decided that having an appellate cost bond rule in place could deter some frivolous appeals.
Consequently, the Court decided to adopt an appellate cost bond rule based on Fed.R.App.P. 7. Under the new N.D.R.App.P. 7, the trial court will decide (presumably after receiving a motion) whether to require the appellant to post a bond for appellate costs.
A copy of N.D.R.App.P. 7 as adopted by the Court is included as part of the meeting materials.
The other changes to the appellate rules package made by the Court were less sweeping:
The Court added a provision to N.D.R.App.P. 28 that indicates briefs must comply with N.D.R.App.P. 32;
The Court added a provision to N.D.R.App.P. 29 limiting amicus briefs to issues raised by the parties;
The Court deleted a provision from N.D.R.App.P. 30 that would have allowed the Court to waive the appendix requirement and hear appeals on the original record;
The Court added a provision to N.D.R.App.P. 31 specifying that an appellee failing to file a brief will not be heard at oral argument;
The Court moved the petition for rehearing length requirements from N.D.R.App.P. 40 to N.D.R.App.P. 32.