SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 56 - Summary Judgment
An amendment to subdivision (c) is proposed to establish a deadline for serving a motion, a deadline for a reply brief and length limits for principal, answer, and reply briefs.
B. North Dakota Rules of Criminal Procedure
Rule 11 - Pleas
An amendment to subdivision (b) is proposed to reference Rule 43(b)(2), which allows misdemeanor defendants to be absent from a plea proceeding.
Rule 24 - Trial Jurors
An amendment to subdivision (b) is proposed to allow a challenge for cause to be made only prior to a juror being sworn.
An amendment to subdivision (c) is proposed to allow retention of alternate jurors after the jury retires to deliberate.
Rule 32 - Sentence and Judgment
A new subdivision (d) is proposed to provide guidance for the sentencing of violent offenders.
Rule 32.1 - Deferred Imposition of Sentence
Amendments are proposed to delete language making the rule applicable only in misdemeanor and infraction cases. Under the proposed amendments, the rule would apply in all cases in which an order deferring imposition of sentence was entered.
Rule 32.2 - Pretrial Diversion
Amendments to subdivision (a) are proposed to specify that fees or costs allowed under the law are to be paid to the court and to allow the parties to agree that the defendant pay additional amounts to others as a condition of a pretrial diversion agreement.
Rule 35 - Correcting or Reducing a Sentence
An amendment to subdivision (a) is proposed to clarify that a court has jurisdiction to correct an illegal sentence at any time.
C. North Dakota Rules of Appellate Procedure
Rule 25 - Filing and Service
Amendments to subdivision (a) are proposed to require electronic filing by all parties other than self-represented litigants and prisoners; to eliminate fees that applied specifically to electronic filing; and to add requirements for documents filed electronically.
Rule 32 - Form of Briefs, Appendices, and Other Documents
Amendments to subdivision (a) are proposed to add a list of items excluded in computing the document length.
A new subdivision (e) is proposed to create a certificate of compliance requirement.
Rule 35.1 - Summary Disposition
Amendments to subdivision (a) are proposed to allow the Supreme Court to affirm the judgment of the district court based on findings of fact that meet the required standard of proof.
D. North Dakota Rules of Evidence
Rule 803 - Exceptions to the Rule Against Hearsay
An amendment to paragraph (16) is proposed allowing application of the ancient document exception only to documents prepared before January 1, 1998.
Rule 902 - Evidence that is Self-Authenticating
New paragraphs (13) and (14) are proposed to provide a means for self-authentication of designated electronic material.
C. North Dakota Rules of Court
Rule 3.1 - Pleadings
A new subdivision (i) is proposed to consolidate the rule's requirements related to the preparation and filing of paper documents in a single place.
Rule 3.5 - Electronic Filing in District Courts
An amendment to subdivision (b) is proposed to exclude documents that consist of a single paragraph from the paragraph numbering requirement.
Appendix K. Rule 3.5 Electronic Filing Requirements
An amendment to subdivision (c) is proposed to exclude documents that consist of a single paragraph from the paragraph numbering requirement.
C. North Dakota Supreme Court Administrative Rules
Rule 50 - Court Interpreter Qualifications and Procedures
An amendment to section 2 is proposed to allow interpreters to be provided at no cost to parties and witnesses in sexual assault restraining order cases.
Rule 52 - Contemporaneous Transmission by Reliable Electronic Means
A new section 5 is proposed to provide a procedure for hearings by reliable electronic means in revocation of probation proceedings involving out of state offenders.