SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 12, Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on Pleadings.
An amendment specifies an objection to improper venue may be made by motion before the time for a responsive pleading.
Rule 37.1, Change in Location of a Hearing, Proceeding, or Trial; Change of Venue.
Subdivision (a) of a new rule allows the court to change the location of a hearing, proceeding, or trial for specified reasons without a complete change of venue, and specifies the parties shall continue to file documents in the original county of venue.
Subdivision (b) allows the court to change venue for enumerated reasons, and provides if venue is changed, the file must be transferred to the new county of venue and any additional documents must be filed in that county.
The rule incorporates and supersedes statutory provisions governing venue.
Rule 77, District Courts and Clerks.
An amendment deletes language allowing judges to act outside the judicial district and achieves consistency with proposed N.D.R.Civ.P. 37.1.
Rule 82, Jurisdiction and Venue Unaffected.
An amendment repeals the rule because it conflicts with N.D.R.Civ.P. 4 which deals with long-arm jurisdiction and proposed N.D.R.Civ.P. 37.1 which deals with venue.
B. North Dakota Rules of Appellate Procedure
Rule 42, Dismissal; Mootness.
An amendment clarifies the parties' obligation to inform the Supreme Court an issue may have become moot.
C. North Dakota Rules of Court
Rule 2.2, Facsimile Transmission.
An amendment eliminates the $5 fee for filing by facsimile transmission.
Rule 3.2, Motions.
An amendment to the explanatory note says the rule contemplates filing a brief with every motion, but explains the definition of a brief should be liberally construed.