TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 6, N.D.R.Civ.P., Computing and Extending Time
Staff has prepared amendments to Rule 6 consistent with the federal form and style amendments. The amendments are intended make the rule more easily understood and to make style and terminology consistent throughout the rules. The amendments also aim to modernize the rule, removing references to obsolete authority and practices.
Fed.R.Civ.P. 6 does not contain references to fax service. The Committee may wish to consider whether it is appropriate to continue to classify fax service as a separate type of service in Rule 6 (and elsewhere) or whether the N.D.Sup.Ct.Admin.R. Order 16 guidelines related to electronic service should apply to fax service.
Under the proposal, subdivision (c) relating to terms of court is deleted. Under Rule 40, the court is in continuous session.
Because the Committee recently did extensive work on subdivision (e), staff has not applied the federal amendments to this subdivision.