TO: Joint Procedure Committee
FROM: Tom Tudor
RE: Rule 34, N.D.R.App.P.; Oral Arguments
This memo outlines the changes to N.D.R.App.P. 34 which are proposed in response to the December 1, 1998, amendments to Fed.R.App.P. 34. The changes generally track the 1998 amendments to the federal rule.
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.
Substantive changes are made in subdivision (a):
Subdivision (a) (1) provides that any party may file, or the court may require, a statement explaining why oral argument should or should not be permitted.
Subdivision (a) (2) provides that oral argument must be allowed unless the justices unanimously agree that oral argument is unnecessary, based upon the criteria in paragraph (a)(2).