SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 1 - Scope and Purpose of Rules
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 3 - Commencement of Action
Form and style changes and an update of the explanatory note are proposed.
Rule 4 - Persons Subject to JurisdictionProcessService
An amendment to subdivision (e) is proposed that would increase the time to deliver a copy of the summons and complaint to a post office or third-party commercial carrier from 10 to 14 days after the first publication of the summons. Form and style changes and an update of the explanatory note are also proposed.
Rule 5 - Service and Filing of Pleadings and Other Papers
Form and style changes and an update of the explanatory note are proposed.
An amendment to subdivision (a) is proposed that changes how time periods are computed under the rules; when the period is stated in days, count every day including intermediate weekends and legal holidays. An amendment to subdivision (a) is proposed that deletes a provision regarding service by facsimile. An amendment is proposed to subdivision (b) that deletes the reference to provisions for increasing the times set by provisions in Rules 50, 52, 59, and 60. An amendment to subdivision (d) is proposed that changes the time for a party to serve a written motion and notice of hearing before the scheduled hearing date from 18 days to 21 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 7 - Pleadings Allowed Form of Motions
Form and style changes and an update of the explanatory note are proposed.
Rule 8 - General Rules of Pleading
Form and style changes and an update of the explanatory note are proposed.
Rule 9 - Pleading Special Matters
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 11 - Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions
Form and style changes and an update of the explanatory note are proposed.
Amendments to subdivision (a) are proposed that increase the time to serve a responsive pleading from 20 to 21 days, and from 10 to 14 days. An amendment to subdivision (e) is proposed that increases the time period for obeying an order for a more definite statement from 10 to 14 days. An amendment to subdivision (f) is proposed that increases the time period for a court to act on a motion to strike from 20 to 21 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 13 - Counterclaim and Crossclaim
Form and style changes and an update of the explanatory note are proposed.
Rule 14 - Third-Party Practice
An amendment to subdivision (a) is proposed that increases the time before a third-party plaintiff must obtain the court's leave if it seeks to commence a third-party action from 10 to 14 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 15 - Amended and Supplemental Pleadings
An amendment to subdivision (a) is proposed that increases the time period for amending a pleading from 20 to 21 days. An amendment to subdivision (a) is proposed that increases the time period to respond to an amended pleading from 10 days to 14 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 16 - Pretrial Conferences; Scheduling; Management
Form and style changes and an update of the explanatory note are proposed.
Rule 17 - Parties Plaintiff and Defendant Capacity
Form and style changes and an update of the explanatory note are proposed.
Rule 18 - Joinder of Claims and Remedies
Form and style changes and an update of the explanatory note are proposed.
Rule 19 - Joinder of Persons Needed for Just Adjudication
Form and style changes and an update of the explanatory note are proposed.
Rule 20 - Permissive Joinder of Parties
Form and style changes and an update of the explanatory note are proposed.
Rule 21 - Misjoinder and Non-Joinder of Parties
Form and style changes and an update of the explanatory note are proposed.
An amendment to Rule 22 is proposed that deletes subdivision (b) on interpleader by substitution. Form and style changes and an update of the explanatory note are also proposed.
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 25 - Substitution of Parties
Form and style changes and an update of the explanatory note are proposed.
Rule 26 - General Provisions Governing Discovery
Form and style changes and an update of the explanatory note are proposed.
Rule 27 - Depositions Before Action or Pending Appeal
An amendment to subdivision (a) is proposed that changes the time period for serving a notice of hearing from 20 to 21 days before the hearing date. Form and style changes and an update of the explanatory note are also proposed.
Rule 28 - Persons Before Whom Depositions May Be Taken
Form and style changes and an update of the explanatory note are proposed.
Rule 29 - Stipulations Regarding Discovery Procedure
Form and style changes and an update of the explanatory note are proposed.
Rule 30 - Deposition Upon Oral Examination
An amendment to subdivision (d) is proposed that provides for sanctions against a party who impedes, delays or frustrates a deposition. An amendment is proposed to subdivision (e) that eliminates the requirement that the deponent review and sign the deposition; instead, a deponent or party may review the deposition and submit a statement of changes on request. Additionally, the procedures from Rule 30.1 for taking audio-visual depositions have been incorporated into the rule. Form and style changes and an update of the explanatory note are also proposed.
Rule 30.1 - Uniform Audio-Visual Deposition Rule
Deletion of Rule 30.1 is proposed. Procedures for taking audio-visual depositions have been incorporated into Rule 30.
Rule 31 - Depositions of Witnesses Upon Written Questions
Form and style changes and an update of the explanatory note are proposed.
Rule 32 - Use of Depositions in Court Proceedings
An amendment to subdivision (a) is proposed that changes the time period for limiting the use of a deposition against a party from less than 11 days notice of the deposition to less than 14 days. An amendment to subdivision (d) is proposed that increases the time period for waiver of an objection to a written question from five to seven days. Form and style changes and an update of the explanatory note are also proposed.
Rule 33 - Interrogatories to Parties
Form and style changes and an update of the explanatory note are proposed.
Rule 34 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Form and style changes and an update of the explanatory note are proposed.
Rule 35 - Physical and Mental Examination of Persons
Form and style changes and an update of the explanatory note are proposed.
Rule 36 - Requests for Admission
Form and style changes and an update of the explanatory note are proposed.
Rule 37 - Failure to Make or Cooperate in Discovery; Sanctions
Form and style changes and an update of the explanatory note are proposed.
An amendment to subdivision (b) is proposed that increases the time period to demand a jury trial from 10 to 14 days. An amendment to subdivision (d) is proposed that increases the time period for another party to serve a demand for a jury trial on other factual issues from 10 to 14 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 39 - Trial by Jury or by the Court
Form and style changes and an update of the explanatory note are proposed.
Rule 39.1 - Change in Location of a Hearing, Proceeding, or Trial; Change of Venue
An amendment to subdivision (a) is proposed that increases the time to file an objection to the change of location of a hearing, proceeding, or trial from 10 to 14 days after the date of notification. Form and style changes and an update of the explanatory note are also proposed.
Rule 40 - Assignment of Cases for Trial
An amendment to subdivision (d) is proposed that increases the time period for requesting a continuance from 10 to 14 days after receiving notice of trial. Form and style changes and an update of the explanatory note are also proposed.
Rule 41 - Dismissal of Actions
Form and style changes and an update of the explanatory note are proposed.
Rule 42 - Consolidation Separate Trials
Form and style changes and an update of the explanatory note are proposed.
An amendment to Rule 43 is proposed that deletes subdivision (b) on scope of examination and cross-examination. Form and style changes and an update of the explanatory note are also proposed.
Rule 44 - Proof of Official Record
Form and style changes and an update of the explanatory note are proposed.
Rule 44.1 - Determination of Foreign Law
Form and style changes and an update of the explanatory note are proposed.
Rule 46 - Exceptions Unnecessary
Form and style changes and an update of the explanatory note are proposed.
An amendment to subdivision (a) is proposed that provides a uniform jury selection process, unless otherwise stipulated by the parties. An amendment to Rule 47 is proposed that interchanges subdivisions (b) and (c) on peremptory challenges and challenges for cause. Form and style changes and an update of the explanatory note are also proposed.
Rule 48 - Juries of Less that Nine Majority Verdict
Form and style changes and an update of the explanatory note are proposed.
Rule 49 - Special Verdicts and Interrogatories
Form and style changes and an update of the explanatory note are proposed.
Rule 50 - Judgment as a Matter of Law in Actions Tried by Jury
An amendment to subdivision (b) is proposed that increases the time period for renewing a motion for judgment as a matter of law from 15 to 28 days after notice of entry of the judgment. An amendment to subdivision (d) is proposed that increases the time for a losing party's new trial motion from 15 to 28 days after notice of entry of the judgment. Form and style changes and an update of the explanatory note are also proposed.
Rule 51 - Instructions to Jury
Form and style changes and an update of the explanatory note are proposed.
Rule 52 - Findings by the Court
An amendment to subdivision (b) is proposed that increases the time period for a party to file a motion to amend findings from 15 to 28 days after notice of entry of the judgment. Form and style changes and an update of the explanatory note are also proposed.
An amendment to subdivision (f) is proposed that increases the time period for filing objections to a master's order from 20 days to 21 days. Form and style changes and an update of the explanatory note are also proposed.
An amendment to subdivision (e) is proposed that increases the time period for objecting to costs from 7 to 14 days after notice of entry of judgment. An amendment to subdivision (e) is proposed that increases the time period for making a claim for attorneys' fees from 15 to 21 days after notice of entry of judgment. Form and style changes and an update of the explanatory note are also proposed.
Form and style changes, including the deletion of subdivision (b), and an update of the explanatory note are proposed.
An amendment to subdivision (a) is proposed that increases the time period to move for summary judgment from 20 to 21 days after commencement of the action. Form and style changes and an update of the explanatory note are also proposed.
Rule 57 - Declaratory Judgments
Form and style changes and an update of the explanatory note are proposed.
Rule 58 - Entry and Notice of Entry of Judgment
An amendment to subdivision (b) is proposed that increases the time period to serve and file the notice of entry of judgment from 10 to 14 days after entry of judgment. Form and style changes and an update of the explanatory note are also proposed.
Rule 59 - New Trials Amendment of Judgments
An amendment to subdivision (i) is proposed that increases the time period for a court to order a new trial on its own from 15 to 28 days after notice of entry of judgment. An amendment to subdivision (j) is proposed that increases the time period for a party to file a motion to alter or amend a judgment from 15 to 28 days after notice of entry of judgment. Form and style changes and an update of the explanatory note are also proposed.
Rule 60 - Relief from Judgment or Order
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 62 - Stay of Proceedings to Enforce a Judgment
An amendment to subdivision (a) is proposed that increases the time period for the automatic stay from 10 to 14 days. An amendment to subdivision (n) is proposed that increases the time period for an order staying proceedings from 20 to 21 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 63 - Inability of a Judge to Proceed
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 66 - Receivers Appointed by District Courts
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 68 - Offer of Settlement or Confession of Judgment Tender
An amendment to subdivision (a) is proposed that changes the time period for making an offer from 10 to 14 days before trial. An amendment to subdivision (a) is proposed that changes the time period for making an offer after liability is determined from 10 to 7 days before a hearing. Form and style changes and an update of the explanatory note are also proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 70 - Judgment for Specific Acts Vesting Title
Form and style changes and an update of the explanatory note are proposed.
Rule 71 - Process in Behalf of and Against Persons Not Parties
Form and style changes and an update of the explanatory note are proposed.
Rule 77 - District Courts and Clerks
Form and style changes and an update of the explanatory note are proposed.
Rule 80 - Transcript as Evidence
Form and style changes and an update of the explanatory note are proposed.
Rule 81 - Applicability In General
Form and style changes and an update of the explanatory note are proposed.
Rule 83 - Practice When Procedure Not Specified
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 86 - Effective Date Statutes Superseded
Form and style changes and an update of the explanatory note are proposed.
Deletion of Table B is proposed.
An amendment to Form 1 is proposed that changes the time to answer a complaint from 20 to 21 days.
Form 17 - Third Party Summons under Rule 14(a)
An amendment to Form 17 is proposed that changes the time to answer a complaint from 20 to 21 days.
B. North Dakota Rules of Appellate Procedure
Rule 2.1 - Mental Health Appeals under Chapter 25-03.1, North Dakota Century Code
An amendment to subdivision (e) is proposed that increases the time period to serve and file an appellee's brief from five to seven days after service of the appellant's brief. If the appellant moves for a temporary stay of the order of the district court, the time to serve and file briefs was increased from three to five days. An amendment to subdivision (g) is proposed that increases the time period to file a motion from 5 to 7 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 2.2 - Termination of Parental Rights - Expedited Appeals
An amendment to subdivision (e) is proposed that increases the time period to serve and file an appellee's brief from 15 to 21 days after service of the appellant's brief. An amendment to subdivision (f) is proposed that increases the time period to file a motion from five to seven days. Form and style changes and an update of the explanatory note are also proposed.
An amendment to subdivision (a) is proposed that increases the time period to file a Rule 60 motion from 15 to 28 days after notice of entry of judgment. An amendment to subdivision (a) is proposed that tracks the 2009 amendment to Fed.R.App.P. 4.
Rule 10 - The Record on Appeal
An amendment to subdivision (b) is proposed that increases the time period for a clerk to transmit the order for transcript from three to seven days. Amendments to subdivision (c) were proposed that increase the time periods regarding transcription costs from 10 to 14 days. An amendment to subdivision (f) is proposed that increases the time period for an appellee to serve objections or propose amendments to a statement of the proceedings from 10 to 14 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 12 - Docketing the Appeal
An amendment to subdivision (b) is proposed that increases the time period for an appellant to respond to an appellee's motion to dismiss from 10 to 14 days. Form and style changes and an update of the explanatory note are also proposed.
An amendment to subdivision (c) is proposed that changes the reference from "calendar days" to "days."
Rule 26 - Computing and Extending Time
An amendment to subdivision (a) is proposed that changes how time periods are computed under the rules; when the period is stated in days, count every day including intermediate weekends and legal holidays. An amendment to subdivision (c) is proposed that clarifies how to count the three-day extension for service by mail or commercial carrier.
An amendment to subdivision (b) is proposed that increases the time period for a party to respond to a motion from 10 to 14 days. Form and style changes and an update of the explanatory note are also proposed.
An amendment to subdivision (i) is proposed that changes the deadline for a cross-appellant to serve and file a reply brief if there is less than 14 days before argument from 3 to 5 days before argument. Form and style changes and an update of the explanatory note are also proposed.
Rule 30 - Appendix to the Briefs
An amendment to subdivision (c) is proposed that increases the time period for filing a deferred appendix from 11 to 14 days after service of the appellee's brief.
Rule 31 - Filing and Service of Briefs
An amendment to subdivision (a) is proposed that changes the deadline for an appellant to serve and file a reply brief if there is less than 14 days before argument from 3 to 5 days before argument. Form and style changes and an update of the explanatory note are also proposed.
C. North Dakota Rules of Criminal Procedure
Rule 12.1 - Notice of Alibi Defense
An amendment to subdivision (b) is proposed that increases the time period for the prosecution to give its disclosure from 10 to 14 days after the defendant serves notice of an intended alibi defense.
An amendment to subdivision (a) is proposed that provides a uniform jury selection process for a 12-person jury, unless otherwise stipulated by the parties and approved by the court. An amendment to subdivision (b) is proposed that interchanges paragraphs (1) and (2).
Rule 26.1 - Foreign Law Determination
Amendments to Rule 26.1 are proposed that change the ten-day requirement for advance notice of foreign law to 14 days, and increase an opposing party's time to reply from 5 to 7 days after receiving notice.
Rule 29 - Motion for a Judgment of Acquittal
An amendment to subdivision (c) is proposed that increases the time period to file a motion of acquittal after a guilty verdict from 10 to 14 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 32 - Sentencing and Judgment
An amendment to subdivision (c) is proposed that increases the time period to disclose the presentence report from 10 to 14 days before sentence is imposed. Form and style changes and an update of the explanatory note are also proposed.
An amendment to subdivision (b) is proposed that increases the time period to file a motion for new trial for a reason other than newly discovered evidence from 10 to 14 days. An amendment to subdivision (c) is proposed that increases the time period to respond to a new trial affidavit from 10 to 14 days.
An amendment to subdivision (b) is proposed that increases the time period to file a motion to arrest judgment from 10 to 14 days.
Rule 37 - Appeal as of Right to District Court; How Taken
An amendment to subdivision (h) is proposed that increases the time period for the municipal court to forward the file to the clerk of district court from five to seven days. An amendment to subdivision (l) is proposed that increases the time period for the appellant to show good cause for failure to appear from five to seven days. Form and style changes and an update of the explanatory note are also proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 45 - Computing and Extending Time
An amendment to subdivision (a) is proposed that changes how time periods are computed under the rules; when the period is stated in days, count every day including intermediate weekends and legal holidays. An amendment to subdivision (c) is proposed that makes the three-day extension applicable when service is made electronically. Form and style changes and an update of the explanatory note are also proposed.
An amendment to subdivision (c) is proposed that changes the time period to serve a written motion from 18 to 21 days before the hearing date.
D. North Dakota Rules of Court
An amendment to subdivision (a) is proposed that increases the time period for an adverse party to serve and file an answer brief from 10 to 14 days after service of the moving party's brief. An amendment to subdivision (a) is proposed that increases the time for a moving party to serve and file a reply brief from five to seven days after expiration of the time for filing the answer brief. An amendment to subdivision (a) is proposed that increases the time to request oral argument from five to seven days after expiration of the time for filing the answer brief. Form and style changes and an update of the explanatory note are also proposed.
Rule 7.1 - Judgments, Orders and Decrees
An amendment to subdivision (b) is proposed that increases the time period to serve a response to proposed findings of fact and conclusions of law from 10 to 14 days. Form and style changes and an update of the explanatory note are also proposed.
Rule 8.2 - Interim Orders in Domestic Relations Cases
An amendment to subdivision (e) is proposed that changes the time periods for service and filing of affidavits. Form and style changes and an update of the explanatory note are also proposed.
Rule 8.3 - Case Management (Divorce Cases)
An amendment to subdivision (a) is proposed that increases the time to file the complaint and joint informational statement from five to seven days after the compulsory meeting. An amendment to subdivision (c) is proposed that changes the time period to serve a pretrial conference statement from 10 to 14 days before the date of the pretrial conference. An amendment to subdivision (c) is proposed that changes the time period to file a joint property and debt listing from 10 to 14 days before trial. Form and style changes and an update of the explanatory note are also proposed.
Rule 8.5 - Domestic Relations Summary Proceeding
An amendment to subdivision (b) is proposed that increases the time period to hold the initial hearing from 10 to 14 days after service of the order of appearance. An amendment to subdivision (c) is proposed that increases the time period for the defendant to serve and file an answer and financial affidavit from 20 to 21 days after service of the order for appearance. An amendment to subdivision (d) is proposed that changes the time period for a party to elect to use a non-summary proceeding from 15 to 21 days before the final hearing. Form and style changes and an update of the explanatory note are also proposed.
Rule 8.8 - Alternative Dispute Resolution
An amendment to subdivision (b) is proposed that changes the time period to file a Rule 8.8 statement from 15 to 14 days before the initial pretrial conference. Form and style changes and an update of the explanatory note are also proposed.
Appendix A - Summons in Action for Divorce or Separation
An amendment to Appendix A is proposed that changes the time to answer a complaint from 20 to 21 days.
E. North Dakota Supreme Court Administrative Rules and Orders
An amendment to Section 8 is proposed that increases the time period to request a district court judge from five to seven days after service of initiating documents. An amendment to Section 11(a) is proposed that increases the time period to request a review from a district court judge from five to seven days after service of the right to review. An amendment to Section 11(a) is proposed that increases the time to respond to a request for review from 10 to 14 days after service of notice of the request. Form and style changes and an update of the explanatory note are also proposed.
Rule 55 - Income Tax Return Setoff for Unpaid Court-Ordered Fines, Fees, and Costs
An amendment to Section 3A is proposed that increases the time period for the state court administrator to notify a person about an unpaid obligation from 10 to 14 days after being notified by the tax commissioner. An amendment to Section 4 is proposed that increases the time period to notify a person of the state court administrator's decision from five to seven days. An amendment to Section 5 is proposed that increases the time period to appeal the state court administrator's decision from 10 to 14 days. Form and style changes and an update of the explanatory note are also proposed.
Order 16 - Electronic Filing Pilot Project for the District Courts
An amendment to Section C3 is proposed that increases the time period to pay the filing fee from five to seven days after submission.
Order 17 - Family Mediation Pilot Project
An amendment to Section 5(A) is proposed that increases the time period for a clerk to refer a proceeding to the Project Administrator from 10 to 14 days after filing. An amendment to Section 8(C) is proposed that increases the time period to attend a pre-mediation orientation from 20 to 21 days. An amendment to Section 14(C) is proposed that changes the time period to reconsider the decisions made in mediation from five business days to seven days after signing the agreement. Form and style changes and an update of the explanatory note are also proposed.