Joint Procedure Committee - September 2006 Agenda

Joint Procedure Committee - September 2006 Agenda

Agenda
September 28-29, 2006, Meeting
Bismarck

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I. Roll Call and Preliminaries

II. Minutes of April 27-28, 2006, Meeting 1

III. Old Business

A. Annual Rules Package
A hearing has been set on the Committee's Annual Rules Package.
1. Memorandum on Annual Rules Package 25
2. Hearing Notice 26
3. Synopsis of Proposed Rule Amendments 27

B. Rule 4, N.D.R.Civ.P., Persons Subject to Jurisdiction--Process--Service
The Committee will consider whether to suggest additional amendments to N.D.R.Civ.P. 4, which is now before the Supreme Court as part of the Annual Rules Package.
1. Memorandum on Rule 4 30
2. Proposed N.D.R.Civ.P. 4 32
3. Rekkedahl v. Feist 49
4. Ballensky v. Flattum-Riemers 53

C. Rule 54, N.D. Sup. Ct. Admin. R., Safe Courtroom Firearms Handling
The Committee will consider whether to recommend adoption of N.D. Sup. Ct. Admin. R. 54.
1. Memorandum on Rule 54 64
2. Proposed N.D. Sup. Ct. Admin. R. 54 66
3. Comments from Court Administration staff 70
4. Comments from Sheriff staff 72

IV. New Business

A. Rule 3, N.D.R.Civ.P., Commencement of Action
The Committee will consider whether to make changes to N.D.R.Civ.P. 3 changing the method of commencing a civil action.
1. Memorandum on Rule 3 76
2. Proposed N.D.R.Civ.P. 3 78
3. N.D.C.C. § 28-01-38 79
4. Long v. Jaszczak 81
5. Fed.R.Civ.P. 3 91

B. Rule 37, N.D.R.Crim.P., Appeal as of Right to District Court; How Taken; Rule 43, N.D.R.Crim.P., Defendant's Presence
The Committee will consider whether to make changes to N.D.R.Crim.P. 37 and 43 in response to comments by members of the Supreme Court.
1. Memorandum on Appeals to District Court 92
2. Proposed N.D.R.Crim.P. 37 94
3. Proposed N.D.R.Crim.P. 43 100a
4. City of Fargo v. Komad 101
5. N.D.C.C. § 33-12-41 115

C. Rule 4.2, N.D.R.Ct., Notice
The Committee will consider whether to add a new rule regarding notice to foster parents to the Rules of Court.
1. Memorandum on Rule 4.2 116
2. Proposed N.D.R.Ct. 4.2 117
3. Letter from Judge Kleven 118
4. Public Law 109-239 119

D. Rule 10.1, N.D.R.Ct., Conduct in Court
The Committee will consider whether to adopt changes to N.D.R.Ct. 10.1 barring jurors from taking cellphones into deliberations.
1. Memorandum on Rule 10.1 127
2. Proposed N.D.R.Ct. 10.1 128

E. Rule 50, N.D.R.Civ.P., Judgment as a Matter of Law in Jury Trials
The Committee will consider whether to adopt changes to N.D.R.Civ.P. 50 consistent with amendments to the federal rule.
1. Memorandum on Rule 50 131
2. Proposed N.D.R.Civ.P. 50 132
3. Recommendation to approve amendments to Fed.R.Civ.P. 50 138
4. Amendments to Fed.R.Civ.P. 50 140

F. Rule 404, N.D.R.Ev., Character Evidence Not Admissible to Prove Conduct, Exceptions: Other Crimes
The Committee will consider whether to adopt changes to N.D.R.Ev. 404 consistent with amendments to the federal rule.
1. Memorandum on Rule 404 147
2. Proposed N.D.R.Ev. 404 149
3. Recommendation to approve amendments to Fed.R.Ev. 404 154
4. Amendments to Fed.R.Ev. 404 157
5. Lange v. Cusey 162
6. Patterson v. Hutchens 168
7. Harfield v. Tate 179

G. Rule 408, N.D.R.Ev, Compromise and Offers to Compromise
The Committee will consider whether to adopt changes to N.D.R.Ev. 408 consistent with amendments to the federal rule.
1. Memorandum on Rule 408 187
2. Proposed N.D.R.Ev. 408 189 3. Recommendation to approve amendments to Fed.R.Ev. 408 193
4. Amendments to Fed.R.Ev. 408 199
5. Zimprich v. Harvestore 212
H. Rule 606, N.D.R.Ev, Competency of Juror as Witness
The Committee will consider whether to adopt changes to N.D.R.Ev. 606 consistent with amendments to the federal rule.
1. Memorandum on Rule 606 223
2. Proposed N.D.R.Ev. 606 224
3. Recommendation to approve amendments to Fed.R.Ev. 606 227
4. Amendments to Fed.R.Ev. 606 230
5. Kerzmann v. Rohweder 235
I. Rule 609, N.D.R.Ev, Impeachment by Evidence of Conviction of Crime
The Committee will consider whether to adopt changes to N.D.R.Ev. 609 consistent with amendments to the federal rule.
1. Memorandum on Rule 609 248
2. Proposed N.D.R.Ev. 609 249
3. Recommendation to approve amendments to Fed.R.Ev. 609 253
4. Amendments to Fed.R.Ev. 609 257
5. State v. Eugene 266

J. Rule 26, N.D.R.Civ.P., General Provisions Governing Discovery
The Committee will consider whether to adopt changes to N.D.R.Civ.P. 26 consistent with amendments to the federal rule.
1. Memorandum on Rule 26 274
2. Proposed N.D.R.Civ.P. 26 276
3. Background material on electronic discovery amendments 287
4. Amendments to Fed.R.Civ.P. 26 and commentary 306
K. Rule 33, N.D.R.Civ.P., Interrogatories to Parties; Rule 34, N.D.R.Civ.P., Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
The Committee will consider whether to adopt changes to N.D.R.Civ.P. 33 and 34 consistent with amendments to the federal rule.
1. Memorandum on Rule 33 and 34 328
2. Proposed N.D.R.Civ.P. 33 330
3. Proposed N.D.R.Civ.P. 34 334
4. Amendments to Fed.R.Civ.P. 33 and 34 and commentary 338

L. Rule 37, N.D.R.Civ.P., Failure to Make or Cooperate in Discovery; Sanctions
The Committee will consider whether to adopt changes to N.D.R.Civ.P. 37 consistent with amendments to the federal rule.
1. Memorandum on Rule 37 357
2. Proposed N.D.R.Civ.P. 37 358
3. Amendments to Fed.R.Civ.P. 37 and commentary 365

M. Rule 45, N.D.R.Civ.P., Subpoena
The Committee will consider whether to adopt changes to N.D.R.Civ.P. 45 consistent with amendments to the federal rule.
1. Memorandum on Rule 45 373
2. Proposed N.D.R.Civ.P. 45 375
3. Amendments to Fed.R.Civ.P. 45 and commentary 384