M E M O
TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 21, N.D.R.App.P., Supervisory Writs;
Rule 40, N.D.R.App.P., Petition for Rehearing
The Committee approved Rule 21 at the January meeting. Amendments to Rule 40 were approved last year as part of the Appellate Rules Package. The Supreme Court Clerk reviewed Rule 21 as approved by the Committee. The clerk requested that some technical changes be made to Rule 21 and that similar technical changes be made to Rule 40.
Specifically, the Clerk requested that Rule 21 require that any supporting materials filed with a supervisory writ petition be contained in a separate appendix. This change is at lines 17-18 of the Rule 21 draft.
The Clerk also requested the supervisory writ petitions and petitions for rehearing contain the parts specified in Rule 28 that may be applicable in a given case. These changes are at lines 25-26 of the Rule 21 draft and line 18 of the Rule 40 draft. There is also new material in the rules' explanatory notes on the Rule 28 requirement.