Joint Procedure Committee - January 31 - February 1, 2013 Meeting Agenda

Joint Procedure Committee - January 31 - February 1, 2013, Meeting Agenda

Agenda
January 31-February 1, 2013 Meeting
Bismarck

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Questions or comments may be directed to Staff Attorney Mike Hagburg - .

I. Roll Call and Preliminaries

II. Minutes of September 27, 2012, Meeting 1

III. Old Business

A. Rule 4, N.D.R.Civ.P., Persons Subject to Jurisdiction; Process; Service
The Committee will consider whether to amend Rule 4 to include cross-references to statutory service provisions.
1. Memorandum on Rule 4 30
2. Proposed N.D.R.Civ.P. 4 31
3. Service of Process Statutes 49

B. Rule 11, N.D.R.Crim.P., Pleas
The Committee will consider proposed amendments to Rule 11 relating to Alford pleas.
1. Memorandum on Rule 11 53
2. Proposed N.D.R.Crim.P. 11 [Alt. A] 55
3. Proposed N.D.R.Crim.P. 11 [Alt. B] 66
4. Fed.R.Crim.P. 11 77
5. North Carolina v. Alford 99
6. State v. McKay 107a
7. Fla.R.Crim.P. 3.172 107k

C. Rule 43, N.D.R.Civ.P., Evidence; Rule 28, N.D.R.Crim.P., Interpreters; Rule6.10, N.D.R.Ct., Courtroom Oaths
The Committee will consider whether statutory provisions on interpreters should be superseded by rule.
1. Memorandum on Interpreter Rules 108
2. Proposed N.D.R.Civ.P. 43 110
3. Proposed N.D.R.Crim.P. 28 113
4. Proposed N.D.R.Ct. 6.10 115
5. Fed.R.Civ.P. 43 118
6. N.D.Sup.Ct.Admin.R. 50 121
7. N.D.C.C. §§ 31-01-11, 31-01-12 123
8. N.D.C.C. ch. 28-33 124

D. Rule 707, N.D.R.Ev., Analytical Report Admission; Confrontation
The Committee will consider whether Rule 707 should be amended to reflect issues that have arisen in application of the rule.
1 Memorandum on Rule 707 126
2. Proposed N.D.R.Ev. 707 128
3. State ex rel. Madden v. Rustad 131
4. Letter from Judge Gary Lee 140
5. N.D.C.C. § 19-03.1-37 142
6. Proposal to Amend Fed.R.Ev. 803 143

E. Rule 803, N.D.R.Ev., Hearsay Exceptions; Availability of Declarant Immaterial; Rule 902, N.D.R.Ev., Self Authentication
The Committee will consider whether Rules 803 and 902 should be amended to incorporate a definition of a self-authenticating "certificate."
1 Memorandum on Rule 803 and 902 147
2. Proposed N.D.R.Ev. 803 149
3. Proposed N.D.R.Ev. 902 165
4 Fed.R.Ev. 803 172
5. Fed.R.Ev. 902 188
6. 18 U.S.C. § 3505 191
7. Weinstein's Federal Evidence § 902.13 192
8. N.D.C.C. ch. 31-04 195
9. 28 U.S.C. § 1746 198
10. N.D. House Bill 1406 199

IV. New Business

A. Rule 45, N.D.R.Civ.P., Subpoena
The Committee will consider proposed amendments to Rule 45 relating to metadata in electronic documents.
1. Memorandum on Rule 45 201
2. Proposed N.D.R.Civ.P. 45 203
3. Metadata, E-Discovery, and E-Public Records in NC 214
4. Amendments to N.C.R.Civ.P. 45 217

B. Rule 65, N.D.R.Civ.P., Injunctions
The Committee will consider whether to amend Rule 65 to apply to all injunctions.
1. Memorandum on Rule 65 221
2. Proposed N.D.R.Civ.P. 65 222
3. Fed.R.Civ.P. 65 232
4. E-mail from Larry Boschee 236

C. Rule 68, N.D.R.Civ.P., Offer of Settlement or Confession of Judgment; Tender
The Committee will consider whether to amend Rule 68 to include provisions to encourage more settlements.
1. Memorandum on Rule 68 237
2. Proposed N.D.R.Civ.P. 68 238
3. Letter from Steven Leibel 244
4. Letter from Dave Peterson 247
5. Rule 68 Offers of Judgment Article 248
6. N.M.Dist.Ct.R.C.P. 1-068 274
7. Minn.R.Civ.P. 68 276

D. Rule 5, N.D.R.App.P., Appellate Mediation Program; Rule 8.9, N.D.R.Ct., Roster of Alternative Dispute Resolution Neutrals
The Committee will consider a Supreme Court referral for comment on proposed new rules allowing appellate mediation.
1. Memorandum on Rule 5 279
2. Proposed N.D.R.Civ.P. 5 281
3. Proposed N.D.R.Ct. 8.9 284
4. Proposed N.D.R.App.P. Appendix B 295

E. Rule 3.5, N.D.R.Ct., Electronic Filing in the District Courts; Rule 5, N.D.R.Civ.P., Service and Filing of Pleadings and Other Papers
The Committee will consider proposed amendments to Rule 3.5 relating to filing deadlines.
1. Memorandum on Rule 3.5 and Rule 5 303
2. Proposed N.D.R.Ct. 3.5 305
3. Proposed N.D.R.Civ.P. 5 309
4. Letter from Michael McIntee 318
5. E-mail from Rodney Pagel 321
6. N.D.R.Civ.P. 6 323

F. Rule 8.2, N.D.R.Ct., Interim Orders in Domestic Relations Cases
The Committee will consider proposed amendments to Rule 8.2 concerning affidavit practice.
1. Memorandum on Rule 8.2 326
2. Proposed N.D.R.Ct. 8.2 327

G. Rule 8.3, N.D.R.Ct., Case Management (Divorce Cases)
The Committee will consider proposed amendments to Rule 8.3 relating to the filing of the property and debt listing.
1. Memorandum on Rule 8.3 333
2. Proposed N.D.R.Ct. 8.3 334

H. Rule 13, N.D.Sup.Ct.Admin.R., Judicial Referees
The Committee will consider whether Rule 13 should be amended to clarify there is no review of a referee decision in a small claims or traffic case.
1. Memorandum on Rule 13 337
2. Proposed N.D.Sup.Ct.Admin.R. 13 339
3. E-mail from Judge Reich 344
4. Small Claim Court Statutes 347
5. N.D.C.C. § 39-06.1-03 348
6. City of Grand Forks v. Riemers 350

I. Rule 8.1, N.D.R.Ct., Uniform Collaborative Law Rule
The Committee will consider whether the Uniform Collaborative Law Act should be adopted as a court rule.
1. Memorandum on Rule 8.1 354
2. Proposed N.D.R.Ct. 8.1 355
3. Letter from Judge Hagerty 370
4. Collaborative Divorce Article 371
5. Uniform Collaborative Law Rules and Commentary 373