Proposed Amendments to North Dakota Rules
Supreme Court Docket No. 970225 Hearing Notice
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@court.state.nd.us.
Questions may be directed to Joint Procedures Committee Staff Attorney Gary Raedeke - GaryR@court.state.nd.us.
Click here for information on filing comments on the proposed rules.
TABLE OF CONTENTS
Page
I Petition for adoption, amendment, or repeal of procedural court rules 1
II Synopses of proposed rule changes 3
III Rule changes proposed by Joint Procedure Committee
A. North Dakota Rules of Civil Procedure
1. Rule 4 - Persons Subject to Jurisdiction--Process--Service 8
2. Rule 5 - Service and Filing of Pleadings and Other Papers 13
3. Rule 38 - Jury Trial of Right. 19
4. Rule 50 - Judgment as a Matter of Law in Jury Trials 22
5. Rule 52 - Findings by the Court. 28
6. Rule 54 - Judgment--Costs. 31
7. Rule 59 - New Trials-Amendment of Judgments 33
B. North Dakota Rules of Criminal Procedure
1. Rule 5.1 - Preliminary Examination 36
2. Rule 17.1 - Omnibus Hearing and Pretrial Conference. 39
3. Rule 33 - New Trial. 45
4. Rule 43 - Presence of the Defendant. 50
5. Form 7 - Criminal Judgment and Commitment 56
6. Form 7 - Criminal Judgment and Commitment 60
7. Form 7(a) - Criminal Judgment and Commitment [Partial Suspension]. 62
8. Form 7(b) - Criminal Judgment and Commitment [Suspended Execution of Sentence] 65
9. Form 8 - Order Deferring Imposition of Sentence. 67
C. North Dakota Rules of Evidence
1. Rule 412 - Admissibility of Alleged Victim's Sexual Behavior or Alleged Sexual Predisposition in Criminal Proceeding 70
2. Rule 804 - Hearsay Exceptions; Declarant Unavailable. 72
D. North Dakota Rules of Appellate Procedure
1. Rule 2.1 - Mental Health Appeals Under Chapter 25-03.1, North Dakota Century Code 75
2. Rule 4 - Appeal--When Taken. 79
3. Rule 10 - The Record on Appeal 82
4. Rule 30 - Appendix to the Briefs 88
5. Rule 35.1 - Summary Disposition. 91
E. North Dakota Rules of Court
1. Rule 6.7 - Juror Note Taking 94
2. Rule 6.8 - Questioning by Jury 95
F. North Dakota Administrative Rules
1. Rule 39 - Recording District Court Trials and Proceedings, and Preparing Transcripts 96