SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 5 - Service and Filing of Pleadings and Other Papers
An amendment to subdivision (a) is proposed improving organization and clarifying what types of papers may be served under Rule 5.
Rule 26 - General Provisions Governing Discovery
Amendments to Rule 26 are proposed implementing changes related to discovery of electronically stored information. These amendments include a new subparagraph (b)(2)(B) on limitations to discovery of electronic information and a new paragraph (b)(6) on claims of privilege or protection.
Rule 33 - Interrogatories to Parties
An amendment to subdivision (b) is proposed clarifying that electronically stored information is a type of business record.
Rule 34 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Several amendments to Rule 34 are proposed providing guidance regarding requests for the production of electronically stored information.
Rule 37 - Failure to Make or Cooperate in Discovery; Sanctions
Amendments to subdivision (f) are proposed including addition of new language on sanctions for loss of electronically stored information and deletion of language exempting the state from sanctions.
Rule 40 - Assignment of Cases for Trial
Amendments to Rule 40 are proposed eliminating subdivision (b) and its note of issue and certificate of readiness requirement.
Rule 45 - Subpoena
Amendments to Rule 45 are proposed clarifying that production of electronically stored materials may be demanded by subpoena and providing guidance for preparing requests for electronically stored materials and for responding to such requests.
In addition, amendments to subdivision (b) are proposed eliminating the requirement that parties serve a separate notice for production when commanding a person to attend a deposition to give testimony and produce documents or things.
Rule 50 - Judgment as a Matter of Law in Jury Trials
Amendments to Rule 50 are proposed reorganizing paragraph (a)(1) to improve clarity and
adding new language to paragraph (a)(2) to allow a motion for judgment as a matter of law
to be made at any time before the case is submitted to the jury.
In addition, amendments to subdivision (b) are proposed allowing a party to renew a motion for judgment as a matter of law after the verdict without first renewing the motion at the close of the evidence.
B. North Dakota Rules of Criminal Procedure
Rule 17 - Subpoena
An amendment is proposed eliminating an outdated cross-reference to a deleted paragraph.
Rule 37 - Appeal as of Right to District Court; How Taken
New language is proposed allowing the court to summarily affirm a judgment when an appellant fails to appear at a requested trial anew.
Rule 43 - Defendant's Presence
An amendment to the explanatory note is proposed cross-referencing Rule 37's provision allowing the court to summarily affirm the judgment when the defendant is not present at a trial anew.
C. North Dakota Rules of Evidence
Rule 404 - Character Evidence Not Admissible to Prove Conduct, Exceptions: Other Crimes
An amendment is proposed adding language allowing rebuttal of victim character evidence and adding a cross-reference to Rule 412.
Rule 408 - Compromise and Offers to Compromise
An amendment is proposed clarifying that evidence of offers to compromise is not admissible to prove liability for, invalidity of, or amount of a claim or to impeach through a prior inconsistent statement or contradiction.
Rule 510 - Waiver of Privilege by Voluntary Disclosure
An amendment is proposed indicating that the rule does not apply when N.D.R.Civ.P. 26 (b)(6)(B), the discovery "safe harbor" provision, applies.
Rule 606 - Competency of Juror as Witness
An amendment is proposed specifying that juror testimony is allowed on the topic of whether there was a mistake in entering the verdict onto the verdict form.
Rule 609 - Impeachment by Evidence of Conviction of Crime
An amendment is proposed clarifying the circumstances under which evidence of a conviction of a crime involving dishonesty or false statement may be admitted.
D. North Dakota Rules of Appellate Procedure
Rule 2.1 - Mental Health Appeals Under N.D.C.C. ch. 25-03.1
An amendment is proposed clarifying that a party who seeks to stay a mental health order must request the stay from the supreme court if an appeal is filed.
Rule 4 - Appeal - When Taken
An amendment is proposed specifying that the time for filing an appeal continues to run when a motion to correct a sentence under N.D.R.Crim.P. 35 is filed.
Rule 10 - The Record on Appeal
An amendment is proposed requiring that a copy of the transcript be ordered for each unrepresented party.
Rule 14 - Identity Protection
A new rule is proposed barring parties from referring to designated vulnerable persons by name and allowing correction of existing electronic records to remove the names of these specified persons.
Rule 25 - Filing and Service
Several amendments are proposed providing guidelines for service of appellate papers by electronic means.
Rule 26 - Computing and Extending Time
An amendment is proposed explaining that, unless a paper is delivered on the date of service as stated in the proof of service, three days are added to the prescribed period.
Rule 28 - Briefs
An amendment is proposed setting out requirements for briefs filed under Rule 28 and outlining sanctions that may be imposed if a brief does not conform to requirements.
Rule 31 - Serving and Filing Briefs
An amendment is proposed requiring that a copy of each brief be served on each unrepresented party. Further amendments are proposed updating requirements for filing electronic copies of paper briefs.
Rule 32 - Form of Briefs, Appendices and Other Papers
An amendment is proposed transferring petition for rehearing length requirements to Rule 40.
Rule 40 - Petition for Rehearing
An amendment is proposed transferring petition for rehearing length requirements from Rule 32.
Rule 44 - Case Involving a Constitutional Question When the State is Not a Party
A new rule is proposed setting out requirements for parties raising constitutional questions when the state is not a party.
E. North Dakota Rules of Court
Rule 10.1 - Conduct in Court
An amendment is proposed forbidding jurors from possessing wireless communication devices during deliberations.
F. North Dakota Supreme Court Administrative Rules
Order 14 - Electronic Filing Pilot Project
An amendment is proposed requiring parties to pay fees at the time of electronic filing. A further amendment is proposed requiring electronically filed documents, for purposes of time calculation, to be treated as if they were mailed.
Order 16 - Electronic Filing Pilot Project for the District Courts
An amendment is proposed allowing parties to file initial pleadings electronically.