| Members Present Judge David Nelson, Chair Ted Gladden Doug Johnson Judge Debbie Kleven Paulette Reule Deb Simenson | Members Absent Kay Newell Braget (due to weather) |
Chair Nelson called the meeting to order at 9:00 a.m. and drew Committee members' attention to the minutes of the January 17, 2003, meeting. The minutes were approved without objection.
Issues for Discussion
Chair Nelson drew attention to Attachment B (March 21, 2003) - an email from Janel Dowhaniuk suggesting changes to the Form 10 (Satisfaction of Judgment) of the small claims forms. The suggestion is that the form be modified to include the name of the county, the case number, and the plaintiff and defendant. Staff noted that most Form 10s do contain lines for indicating the county, and case number, but generally do not indicate the plaintiff and defendant. Committee members agreed the form should be modified to included the plaintiff and defendant.
Staff noted an issue concerning Form 9 (Affidavit of Identification) and whether the form should be modified to delete or change references to the judgment creditor and judgment debtor. In some counties, he said, the plaintiff in the small claims action will fill in the required information on the form and sign as the judgment creditor when the forms are initially received to begin the action. The practice, he said, then does not require the plaintiff, if successful, to return to the court to file the affidavit. The complication, he said, is that the form asks for an identification of the judgment debtor and requires the "judgment creditor" to sign a sworn statement, but under the practice described the plaintiff is not yet the "judgment creditor" at the time the affidavit is being completed, signed, and attested to by the clerk. Paulette Reule suggested the reference to "judgment creditor" in the affidavit could be changed to "affiant". Judge Nelson noted that in nearly all civil cases in which a default judgment is to be entered, the plaintiff supplies the completed affidavit of identification beforehand. Paulette Reule said Janel Dowhaniuk had also suggested substituting "defendant" for the references in the form to "judgment debtor". Committee members agreed the form could be revised to substitute references to "affiant" and "defendant" as described.
Chair Nelson next drew attention to Attachment C (March 21, 2003) - letters from Penny Miller to clerks concerning whether documents within files received on appeal had been filed/docketed properly. Committee members agreed that previous revisions to Section 1.3 of the General Procedures Section will likely address the issue.
With respect to the revisions to Section 1.3, staff noted that Committee discussion seemed to indicate that judge's bench notes and notes of court personnel would be retained until the time for appeal had expired [Section 1.3A(7)&(8)]. He noted that the suggested change had not been included in the revision because of uncertainty whether that requirement was intended to apply only to those two categories. Paulette Reule suggested that received papers, those papers addressed in Section 1.3A, should be retained only until the appeal period has ended.
It was moved by Judge Kleven, seconded by Ted Gladden, and carried unanimously that the opening paragraph of Section 1.3A be modified to provide that received papers should be disposed of when the time for appeal has expired.
Discussion then turned to a review of Attachment D (March 21, 2003) - an email from Kay Braget concerning various clerk responsibilities for criminal cases transferred under Rule 20 of the Rules of Criminal Procedure. Paulette Reule said Trial Court Administration Policy 505 addresses, among other things, transfers under Rule 20 and the objective was to treat the transfers the same as a change of venue in civil cases. The result, she said, is that the clerk of the receiving county would have responsibility for preparation of judgments and enforcement and collection activities. Committee members agreed Policy 505 addresses the issue.
As a related issue, Paulette Reule suggested, and Committee members agreed, it would be helpful to clerks if all policies and rules affecting clerk duties and responsibilities were included in the clerk manual.
Staff distributed a series of questions concerning bail bond procedures that have arisen most specifically in Burleigh County. The questions are attached as an Appendix. After discussion, Committee members agreed the questions would be reviewed when the bail bond portion of the Criminal Section is reviewed.
Committee members next turned to a review of the Civil Section of the Clerk of Court Manual [Attachment F (March 21, 2003)].
2.1 - Introduction
Deb Simenson reviewed suggested changes to Section 2.1 and after discussion Committee members agreed with the following tentative revisions:
- Section 2.1A concerning the multi-part index card form was deleted.
- The second paragraph in Section 2.1B was modified to delete the sentences beginning with "Some changes .." and ending with "scheduled.", the sentences beginning with "The calendar card, which.." and ending with "next step." were deleted, the next sentence was modified to read "The UCIS tickler system monitors the status of each case throughout its active life.", and a reference to time periods provided under Administrative Rule 12 was substituted for the last sentence in the paragraph.
- The first line in Section 2.1C was deleted, and in the second paragraph "(card/book/printout)" was deleted and "on the UCIS system" was substituted for "docket card" in the last sentence.
- Present Section 2.1D and E were deleted.
2.2 - Procedure and 2.3 - Receipt and Entry of Subsequent Documents
Deb Simenson distributed proposed replacements for Sections 2.2 and 2.3, which are on file with staff. After discussion, Committee members tentatively adopted the proposed replacement for Section 2.2 with the following changes:
- The last sentence of the opening paragraph concerning opening a case with an answer was modified to provide that the defendant may open a case by filing a copy of the summons and complaint and paying the appropriate fee.
- Proposed 2.2B regarding writing the title of the case on the file was replaced with "Affix UCIS label".
- The reference in proposed 2.2H to "all pleadings" was changed to "all filed documents".
- A new paragraph was added to provide that "Files should be maintained in sequential order, whether open or closed".
- The proposed Note was modified to provide that state agency cases should be entered under the agency's name.
After discussion, Committee members tentatively adopted the proposed replacement for Section 2.3 with the following change:
- Proposed 2.3B was modified to provide in the last sentence that pleadings should be forwarded to the appropriate person as provided by local procedure.
2.4 - Continuance and 2.5 - Case Disposition
Deb Simenson suggested, and Committee members agreed, that current Section 2.4 could be deleted as there are UCIS procedures for continuances. Paulette Reule suggested, and Committee members agreed, paragraphs A - D in Section 2.5 could be deleted as the particular requirements are addressed in the section governing judgments.
Paulette Reule then distributed proposed revisions to Sections 2.6 through 2.12, which are on file with staff.
2.6 - Closing Procedures for Old or Inactive Civil Cases
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.6 with the following changes:
- The proposed opening paragraph was modified to delete the references to UCIS codes , reporting, and management reports.
- Proposed 2.6a was modified to substitute "court personnel" for "clerk or court administrator".
- Proposed 2.6c was modified to substitute "court personnel" for "clerk or court administrator" and to require that the Notice to Dismiss be sent by first class mail.
- Proposed 2.6d was modified to substitute "court personnel" for "clerk or court administrator".
- Proposed 2.6e was modified to refer in the last sentence to "parties or counsel".
2.7 - Judgment Docketing (Own County Judgment)
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.7 with the following changes:
- Proposed 2.7A was modified to include a direction to "Enter judgment".
- Proposed paragraphs B through J were deleted.
2.8 - Vacated Judgments
After discussion, Committee members tentatively adopted the proposed revisions with the exception of deleting all language after the first sentence.
2.9 - Judgment Docketing/Foreign Judgments
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.9 with the following changes:
- Proposed 2.9A was modified to delete the UCIS code reference.
- Proposed 2.9B was modified to simply require "Enter judgment in UCIS".
- Proposed 2.9D was modified to delete the reference to attaching pages from the UCIS manual.
2.10 - Transcript of Judgment (Incoming)
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.10 with the following changes:
- Proposed 2.10B was modified to read "Enter judgment in UCIS".
- Proposed 2.10C was modified to read "Send notice of filing and docketing UCIS form to originating clerk".
2.11 - Satisfaction - Cancellation
After discussion. Committee members tentatively adopted the proposed revisions to Section 2.11 with the following change:
- Proposed 2.11C was modified to delete the page and attachment references.
2.12 - Transcript from Judgment Docket(Outgoing Judgments)
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.12 with the following changes:
- Proposed 2.12A and B were modified to delete UCIS code and attachment references.
Revisions to Sections 2.13 through 2.17 submitted by Kay Braget were then distributed for review and discussion. The proposed revisions are on file with staff.
2.13 - Execution
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.13 with the following changes:
- Proposed 2.13B(1) was modified to include a reference to both notice or date of entry of judgment.
- Proposed 2.13F was modified to delete UCIS function references.
- A new paragraph was added to provide that special and summary executions must be prepared by counsel of record.
2.14 - Certificate of Unsatisfied Judgment (Motor Vehicle Certificate of Facts)
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.14 with the following changes:
- Proposed 2.14A was modified to substitute "on UCIS form" for "on the form provided by Director", and to delete the parenthetical reference to UCIS request procedure and form.
2.15 - Garnishments
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.15 with the following changes:
- Proposed 2.15A was modified to add a reference to entering the garnishee information "in UCIS".
- Proposed 2.15B was modified to read "Receive and date stamp judgment signed by clerk."
2.16 - Bankruptcy Discharges
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.16 with the following changes:
- Proposed 2.16A was modified to delete the reference to a copy of the matrix.
- Proposed 2.16B was modified to delete subparagraph 2 regarding entering information on the judgment screen.
2.17 - Renewal of Judgments
After discussion, Committee members tentatively adopted the proposed revisions to Section 2.17 with the following change:
- A reference to UCIS event codes was deleted from the third paragraph of the section.
Committee members next considered possible revisions to the Criminal Section of the clerk of court manual. Revisions to Sections 3.1 through 3.4 submitted by Kay Braget were distributed for review and discussion. The proposed revisions are on file with staff.
3.1 - Introduction
After discussion, Committee members tentatively adopted the proposed revisions to Section 3.1 with the following changes:
- The second paragraph concerning checking for outstanding warrants was deleted.
- The last sentence in the third paragraph regarding consolidating charges in one case file was deleted.
3.2 - Procedure
After discussion, Committee members tentatively adopted the proposed revisions to Section 3.2 with the following changes:
- Proposed 3.2A was modified to include a requirement that all filed documents be numbered in the lower right hand corner to correspond with UCIS.
- Proposed 3.2B was modified to delete the reference to noting pending cases for the judge's attention and to include a requirement to generate a UCIS contact card.
- Proposed 3.2F was modified to provide that pending file folders must be placed in the criminal series in sequential order.
3.3 - Preparation for First Appearance
After discussion. Committee members tentatively adopted the proposed revisions to Section 3.3 without change.
3.4 - Initial Appearance
After discussion, Committee members tentatively adopted the proposed revisions to Section 3.4 without change.
General Discussion
Deb Simenson noted that she recently received an attorney's lien and was uncertain of the procedure to follow in processing the lien. She suggested there should be a section in the manual outlining procedures for liens, as well as for other kinds of cases that are not encountered very often. Committee members agreed.
Ted Gladden suggested, and Committee members agreed, that a provision should be added to the General Section to provide that all files presented to a judge should include a current copy of the register of actions.
There being no further business, the meeting was adjourned at 2:00 p.m.
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Jim Ganje, Staff