Proposed Amendments to North Dakota Rules - 20020198

Proposed Amendments to North Dakota Rules - 20020198

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

Joint Procedure Committee,
Petitioner,
)
)
)
) PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF COURT RULES

TO: The Supreme Court of the State of North Dakota:

The Joint Procedure Committee petitions the Supreme Court, under N.D.R.Proc.R. § 3, for an order adopting the following proposals:

North Dakota Rules of Criminal Procedure

Rule 37 - Appeal as of Right to District Court; How Taken

Rule 46 - Release from Custody

North Dakota Rules of Appellate Procedure

Rule 1 - Scope of Rules

Rule 2 - Suspension of Rules

Rule 2.1 - Mental Health Appeals Under Chapter 25-03.1, North Dakota Century Code

Rule 3 - Appeal as of Right--How Taken

Rule 4 - Appeal--When Taken

Rule 7 - Reserved for Future Use

Rule 8 - Stay or Injunction Pending Appeal

Rule 9 - Release in Criminal Case

Rule 10 - The Record on Appeal

Rule 11 - Forwarding and Filing the Record

Rule 12 - Docketing the Appeal

Rule 13 - Sanctions

Rules 15 to 20 - Reserved for Future Use

Rule 21 - Reserved for Future Use

Rules 22 and 23 - Reserved for Future Use

Rule 25 - Filing and Service

Rule 26 - Computing and Extending Time

Rule 27 - Motions

Rule 28 - Briefs

Rule 29 - Brief of an Amicus Curiae

Rule 30 - Appendix to the Briefs

Rule 31 - Serving and Filing Briefs

Rule 32 - Form of Briefs, Appendices, and Other Papers

Rule 34 - Oral Argument

Rule 35 - Scope of Review

Rule 35.1 - Summary Disposition

Rule 36 - Entry of Judgment

Rule 37 - Interest on Judgment

Rule 38 - Damages and Costs--Frivolous Appeal or Dilatory Prosecution of Appeal

Rule 39 - Costs

Rule 40 - Petition for Rehearing

Rule 41 - Mandate; Contents; Issuance; Effective Date; Stay

Rule 42 - Dismissal

Rule 43 - Substitution of Parties

Rule 45 - Duties of Clerk

Rule 47 - Uniform Certification of Questions of Law

Rule 47.1 - Certification of Questions of Law by District Court

Rule 49 - Effective Date; Statutes and Rules Superseded

This petition is supported by the attached material containing the proposed rules, proposed explanatory notes, and synopsis of the proposals.

Dated _______________________________, 2002.

Members of the Joint Procedure Committee:

Honorable Bruce E. Bohlman Professor Larry Kraft
Honorable Donovan Foughty Mr. Michael R. Hoffman
Honorable M. Richard Geiger Mr. John C. Kapsner
Honorable Gail Hagerty Mr. Daniel S. Kuntz
Honorable Ronald L. Hilden Mr. Ronald H. McLean
Honorable Lawrence A. Leclerc Ms. Sherry Mills Moore
Honorable David W. Nelson Mr. James T. Odegard
Honorable Thomas J. Schneider Mr. Stephen W. Plambeck
Honorable Mikal Simonson Ms. Cathy Howe Schmitz
Mr. Michael G. Sturdevant

_______________________________
Justice Dale V. Sandstrom
Chair