M E M O
TO:Joint Procedure Committee
FROM:Tom Tudor/Mike Hagburg
RE:Rule 41, N.D.R.App.P.; Mandate; Contents; Issuance; Effective Date; Stay
The proposed amendments to Rule 41 generally track the form and style of the 1998 amendments to Fed.R.App.P. 41 -- 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 proposed form amendments are intended to be stylistic only.
Subdivision (c), which is new, provides that a mandate is effective when issued. This is intended to clarify that the date of issuance, not the date of receipt by the district court, is the effective date.