Proposed Amendments to North Dakota Rules

Proposed Amendments to North Dakota Rules

Proposed Amendments to North Dakota Rules

Supreme Court Docket No. 980217

Pages and lines are numbered in the printed document. Copies of the printed rules may be requested from Penny Miller, Clerk of the Supreme Court - PennyM@ndcourts.gov.
Questions may be directed to Joint Procedure Committee Staff Attorney Gary Raedeke - GaryR@ndcourts.gov.
Click here for information on filing comments on the proposed rules.

TABLE OF CONTENTS

I Petition for adoption, amendment, or repeal of court rules and statutes .. 1

II Synopsis of proposed amendments 3

III Amendments proposed by Joint Procedure Committee

A. North Dakota Rules of Civil Procedure

1. Rule 4 - Persons Subject to Jurisdiction--Process--Service . 7
2. Rule 5 - Service and Filing of Pleadings and Other Papers 20
3. Rule 6 - Time ... 23
4. Rule 23 - Class Action Rule .... 25
5. Rule 30 - Depositions Upon Oral Examination 30
6. Rule 30.1 - Uniform Audio-Visual Deposition Rule . 32
7. Rule 31 - Depositions of Witnesses Upon Written Questions .... 39
8. Rule 43 - Evidence ... 41
9. Rule 45 - Subpoena ... 46
10. Rule 51 - Instructions to Jury . 49
11. Rule 77 - District Courts and Clerks . 53

B. North Dakota Rules of Criminal Procedure

1. Rule 30 - Instructions .... 56
2. Rule 32 - Sentence and Judgment 59
3. Rule 32.1 - Deferred Imposition of Sentence ... 72
4. Rule 37 - Appeal as of Right to District Court; How Taken . 74
5. Rule 45 - Time .. 81
6. Rule 46 - Release From Custody . 84
7. Rule 49 - Service and Filing of Papers 89
8. Form 8 - Order Deferring Imposition of Sentence 93

C. North Dakota Rule of Appellate Procedure

1. Rule 3 - Appeal as of Right--How Taken . 95
2. Rule 4 - Appeal--When Taken .... 98
3. Rule 8 - Stay or Injunction Pending Appeal 102
4. Rule 25 - Filing and Service ... 105
5. Rule 26 - Computation and Extension of Time .... 108
6. Rule 36 - Entry of Judgment .... 110
7. Rule 42 - Dismissal; Mootness .. 112
8. Rule 45 - Duties of Clerk . 114
9. Rule 47.1 - Certification of Questions of Law by State Court 116

D. North Dakota Rules of Court

1. Rule 3.1 - Pleadings . 119
2. Rule 6.9 - Assisting Jurors at Impasse . 120
3. Rule 6.10 - Courtroom Oaths .... 122
4. Rule 7.1 - Judgments, Orders and Decrees .... 125
5. Rule 8.2 - Interim Orders in Domestic Relations Cases .. 127
6. Rule 11.2 - Withdrawal of Attorneys .. 132

E. North Dakota Century Code

1. Section 27-10-01.3 - Nonsummary Procedure for Remedial and Punitive Sanctions .. 133