N.D.R.Ct.
Alternative 3
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 if counsel in a criminal action 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 expenses unnecessarily incurred against the responsible parties or their counsel.]
[Except for good cause shown, if the required notice is not given within 24 hours after a civil action settles, or counsel becomes aware of the defendant's intention to change the plea in a criminal action, the court may assess 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 expenses unnecessarily incurred against the responsible parties or their counsel.]
EXPLANATORY NOTE
Rule 4.2 was adopted, effective ________________.
Reasonable expenses that may be assessed include jury panel expenses, witness expenses, and court travel expenses.
SOURCES: Joint Procedure Committee Minutes of ________________________.