N.D.R.Ct.
Alternative 2
RULE 4.2. NOTICE OF SETTLEMENT, CHANGE OF PLEA,
OR DELAY
A party shall immediately notify the court, and give simultaneous notice to all other parties, by the most expeditious means:
when an action is disposed of by settlement;
when a decision is made to change a plea;
when a party reasonably believes a scheduled trial may have to be delayed; or
when a party learns of circumstances that may make calling a jury panel unnecessary.
[Except for good cause shown, if a civil action settles or, in a criminal action, counsel becomes aware of the defendant's intention to change the plea more than 1 day before trial and the required notice is not given at least 1 day before trial, the court may assess jury panel expenses, witness expenses, court travel expenses, and other expenses unnecessarily incurred against the responsible parties or their counsel.]
[Except for good cause shown, if a civil action settles or, in a criminal action, counsel becomes aware of the defendant's intention to change the plea, and the required notice is not given within 24 hours, the court may assess jury panel expenses, witness expenses, court travel expenses, and other expenses unnecessarily incurred against the responsible parties or their counsel.]
[Except for good cause shown, if timely notice is not given, the court may assess jury panel expenses, witness expenses, court travel expenses, and other expenses unnecessarily incurred against the responsible parties or their counsel.]
EXPLANATORY NOTE
Rule 4.2 was adopted, effective ________________.
SOURCES: Joint Procedure Committee Minutes of ________________________.