TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 6, N.D.R.Civ.P., Time; Rule 45, N.D.R.Crim.P., Computing and Extending Time
Fed.R.Civ.P. 6 and Fed.R.Crim.P. 45 were amended, effective December 1, 2005. In Fed.R.Civ.P. 6, the language on how to count the three-day extension for service by mail was clarified. Revisions were made to Fed.R.Crim.P. 45 to conform to amendments to Fed.R.Crim.P. 29, 33 and 34 that brought those rules under the standard time rule.
The Committee notes regarding the amendment to Fed.R.Civ.P. 6 state that the amendment was made "to remove any doubt as to the method for extending the time to respond after service by mail . . . ."
Staff has prepared amendments to N.D.R.Civ.P. 6 and N.D.R.Crim.P. 45 that are consistent with the federal amendments. Staff has also prepared proposed amendments to the counting provision of Rule 45 that are consistent with the proposed amendments to Rule 6. If the Committee accepts the amendments to the counting provision of Rule 6 it seems logical to make the same changes to the Rule 45 provision.
Rule drafts containing the proposed amendments are attached.