TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 12, N.D.R.Civ.P., Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on Pleadings
Staff has prepared amendments to Rule 12 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 to the explanatory note aim to modernize the rule, removing references to obsolete authority and practices.
Under the proposal, subdivision (d) on preliminary hearings would be moved and renamed subdivision (i). Current subdivision (i) would be consolidated with current subdivision (j) to create a single subdivision on offering fixed damages. This subdivision is unique to North Dakota and the Committee should give the proposed rewrite special scrutiny to ensure that the revised language is consistent with actual practice.