TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 3.1, N.D.R.Ct., Pleadings
Prior to the April 2004 meeting, Judge David Nelson, chair of the Committee on Trial Court Operations, submitted a request that the Committee discuss clarifying Rule 3.1 in regard to filing requirements. The Committee discussed Rule 3.1 at length in April and directed Staff to prepare amendments to Rule 3.1 integrating proposals developed during the discussion.
Specifically, the Committee's consensus was that the rule needed to define an original; address handling of copies; state that filings are made with the clerk, not with a judge; and provide for lost documents.
Staff has prepared a proposed amended version of Rule 3.1, which is attached. The Committee's suggestions primarily are integrated into the proposal at lines 19-21 and 58-63, but changes have been made throughout the rule in an attempt to make terminology clear and consistent.
Judge Nelson and the members of the Trial Court Operations Committee reviewed the proposal and made a suggestion regarding designation of an original document--the suggestion has been incorporated into the proposal.
The changes at lines 38-52 and 66-71 were approved by the Committee at the April meeting and are now before the Supreme Court. If the Committee approves additional changes to the rule, it may wish to consider whether to send the rule directly to the Court so that the Court can consider all the recommended changes together.