TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 7, N.D.R.Civ.P., Pleadings Allowed - Form of Motions and Other Papers
Staff has prepared amendments to Rule 7 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.
The Committee may wish to consider whether to retain paragraph (b)(4) on provisional remedy motions. This language was carried over from the Revised Code and may no longer be needed under modern civil practice.
Under the proposal, subdivision (c) relating to outmoded forms of pleading is deleted. This follows the federal revisions.
The Committee may wish to discuss whether to retain the language on notices of motion and the writing requirement at the end of subdivision (b). The revised federal rule deletes this language, explaining that it is redundant with revisions to Rule 6. (See the N.D.R.Civ.P. Rule 6 proposal at subdivision (d)).