M E M O
TO:Joint Procedure Committee
RE:Rule 39, N.D.R.App.P.; Costs
The proposed amendments to Rule 39 generally track the form and style of the 1998 amendments to Fed.R.App.P. 39 -- the language and organization of the rule are amended to make the rule more easily understood and to make style and terminology consistent throughout the rules.
The three reserved subdivisions correspond to the subdivisions in the federal rule titled "Costs For and Against the United States," "Costs of Copies," and "Bill of Costs: Objections; Insertion in Mandate."
The Committee might want to discuss the "presumed" costs of preparing briefs set out in paragraph (e)(4). These amounts have not been adjusted since the adoption of these rules.
A specific reference to subdivision (a) has been added to the 4th paragraph of the explanatory note because the case cited contains this specific reference.
The reference to "the marshal" in paragraph (e)(2) has been deleted . Presumably, this reference related to N.D.C.C. § 27-04-09, which is currently cross-referenced. The cross reference to § 27-04-09 has also been deleted. Prior to the 1983 legislative session, this statute provided:
27-04-09. Marshal of supreme court--Compensation of marshal.--The sheriff of the county in which a term of the supreme court is being held shall be marshal of the supreme court. He shall be authorized to serve all process of the court and may charge and receive the same fees and mileage for the service of any process issued by such court or otherwise, relating to the business of the court as is allowed by law to sheriffs for performing similar duties in the district court. Such fees and compensation shall be paid out of the state treasury as other expenses are paid.
Section 27-04-09 was last amended in 1983, and currently provides:
27-04-09. Court security. The state highway patrol and other law enforcement agencies, at the request of the chief justice, shall provide security services to the supreme court when the court considers those services to be necessary.
There is no reference in the current statute to a marshal or to fees or other forms of compensation, and the references in the rule and the cross-reference are out-dated.