SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Appellate Procedure
Rule 10 - The Record on Appeal
A new subparagraph (b)(1)(D) makes obtaining a transcript of voir dire non-mandatory unless a party specifically requests such a transcript.
Rule 21 - Supervisory Writs
This new rule sets out the application procedure for parties seeking a supervisory writ from the Supreme Court.
Rule 40 - Petition for Rehearing
An amendment to subdivision (b) clarifies that parties must include the applicable items listed in N.D.R.App.P. 28(b) when submitting a petition for rehearing.
Rule 43 - Substitution of Parties
An amendment to paragraph (a)(1) clarifies the procedure parties should follow when a party dies and no personal representative is appointed.
B. North Dakota Rules of Civil Procedure
Rule 4 - Persons Subject to Jurisdiction - Process - Service
Obsolete paragraph (d)(4) on Service Under Statute is deleted and a new subdivision (m), also titled Service Under Statute, is added. Subdivision (m) clarifies the method of service to be used when a statute requires service but does not specify a method.
Rule 6 - Time
Subdivision (e) is amended to indicate that additional time after service by mail or commercial carrier is given only when such service is made under N.D.R.Civ.P. 5. A further amendment to subdivision (e) specifies that when such service is made under N.D.R.Civ.P. 4, counting of time begins running upon delivery.
Rule 33 - Interrogatories to Parties
Paragraph (b)(3) is amended to clarify that any stipulated extension of time to answer interrogatories also applies to interrogatory objections.
Rule 37 - Failure to Make or Cooperate in Discovery; Sanctions
Paragraph (a)(2) is amended to require parties to certify that they made a good faith effort to resolve discovery disputes on their own before seeking court intervention.
B. North Dakota Rules of Criminal Procedure
Rule 5 - Initial Appearance Before the Magistrate
A new subdivision (d) is added allowing appearances to be conducted by interactive television if the defendant consents.
Rule 10 - Arraignment
A new subdivision (c) is added allowing arraignments to be conducted by interactive television if the defendant consents.
Rule 43 - Presence of the Defendant
Subdivision (a) is amended to recognize the changes in N.D.R.Crim.P. 5 and 10 allowing initial appearance and arraignment proceedings to take place via interactive television.
C. North Dakota Supreme Court Administrative Rules
Rule 13, Judicial Referees
An amendment to Section (11)(b) and (c) requires the district court to conduct a de novo review when a review of a referee decision is requested. In addition, the options available to the district court upon such review are outlined.