M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 25, N.D.R.App.P.; Filing and Service
This memo outlines the proposed changes to N.D.R.App.P. 25 in response to the December 1, 1998, amendment to Fed.R.App.P. 25.
Subdivision (a) addresses filing. Like the federal rule, the proposal divides subdivision (a) into paragraphs and subparagraphs. Much of the language is from the federal amendment. No substantive change is made.
Subdivision (b) requires service. The proposal tracks the federal amendment and is stylistic.
No amendment is proposed for subdivision (c) and (d). Subdivision (c) was recently reviewed by the Committee, and subdivision (d) is different than the federal rule.