TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 12, 2013
RE: Rule 5, N.D.R.Civ.P., Service and Filing of Pleadings and Other Documents
Judge Sonna Anderson has passed along a suggestion that a cross-reference to N.D.R.Ct. 11.2 be added to Rule 5. Her email is attached. Judge Anderson indicates that some attorneys are sending their clients notice of motions to withdraw by regular mail under Rule5, which is not adequate service for this particular type of document under Rule 11.2.
Proposed amendments to the Rule 5 explanatory note are attached. These amendments would add a cross-reference to Rule 11.2 at the end of the rule and add text giving Rule 11.2 as an example of a rule that specifies a different type of service than that allowed by Rule 5.
The committee approved other amendments to Rule 5 in April and the rule is now before the Court as part of the annual rules package. If the committee approves additional amendments to Rule 5, it may wish to suggest to the Court that it consider those amendments with the others before it.