TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 5, N.D.R.Civ.P., Service and Filing of Pleadings and Other Papers
Justice Crothers has suggested an amendment to Rule 5 that would change a reference to the complaint in subdivision (a) to refer instead to the summons. Justice Sandstrom agrees with this proposal, but he has suggested in addition that subdivision (a) is confusing and poorly drafted.
Based on the suggestions of Justice Crothers and Justice Sandstrom, staff has prepared draft amendments to subdivision (a) that incorporate new language based on the form and style amendments to Fed.R.Civ.P. 5. These amendments eliminate the potential confusion created by the lengthy sentence that begins the current Rule 5(a).
The Rule 5 proposal is attached.
The form and style amendments to the Federal Rules of Civil Procedure take effect December 1, 2007. Staff intends to present to the Committee amendments to the North Dakota Rules of Civil Procedure based on the federal form and style changes beginning at the September meeting.
The proposed amendments to Rule 5(a) preview the federal form and style amendments. In general under the amendments language is modified to eliminate legalisms and form is modified to eliminate block paragraphs and put the rules into outline format.