Proposed Amendments to North Dakota Rules

Proposed Amendments to North Dakota Rules - 20070205

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

Joint Procedure Committee,
Petitioner,
)
)
)
) PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF COURT RULES

TO: The Supreme Court of the State of North Dakota:

The Joint Procedure Committee petitions the Supreme Court, under N.D.R.Proc.R. § 3, for an order adopting the following proposals:

North Dakota Rules of Civil Procedure

Rule 5 - Service and Filing of Pleadings and Other Papers
Rule 26 - General Provisions Governing Discovery
Rule 33 - Interrogatories to Parties
Rule 34 - Production of Documents and Things and Entry Upon land for Inspection and Other Purposes
Rule 37 - Failure to Make or Cooperate in Discovery - Sanctions
Rule 40 - Assignment of Cases for Trial
Rule 45 - Subpoena
Rule 50 - Judgment as a Matter of Law in Actions Tried by Jury

North Dakota Rules of Criminal Procedure

Rule 17 - Subpoena
Rule 37 - Appeal as of Right to District Court; How Taken
Rule 43 - Defendant's Presence

North Dakota Rules of Evidence

Rule 404 - Character Evidence Not Admissible to Prove Conduct, Exceptions: Other Crimes
Rule 408 - Compromise and Offers to Compromise
Rule 510 - Waiver of Privilege by Voluntary Disclosure
Rule 606 - Competency of Juror as Witness
Rule 609 - Impeachment by Evidence of Conviction of Crime

North Dakota Rules of Appellate Procedure

Rule 2.1 - Mental Health Appeals
Rule 4 - Appeal - When Taken
Rule 10 - The Record on Appeal
Rule 14 - Identity Protection
Rule 25 - Filing and Service
Rule 26 - Computing and Extending Time
Rule 28 - Briefs
Rule 31 - Filing and Service of Briefs
Rule 32 - Form of Briefs, Appendices, and Other Papers
Rule 40 - Petition for Rehearing
Rule 44 - Case Involving a Constitutional Question When the State is Not a Party

North Dakota Rules of Court

Rule 10.1 - Conduct in Court

North Dakota Supreme Court Administrative Rules

Order 14 - Electronic Filing Pilot Project
Order 16 - Electronic Filing Pilot Project for the District Courts

This petition is supported by the attached material containing the proposed rules, proposed explanatory notes, and synopsis of the proposals.

Dated July 13, 2007.

Members of the Joint Procedure Committee:

Honorable Georgia Dawson Mr. Larry L. Boschee
Honorable Donovan Foughty Mr. Daniel J. Dunn
Honorable M. Richard Geiger Mr. Daniel S. Kuntz
Honorable John E. Greenwood Mr. Galen J. Mack
Honorable Debbie Gordon Kleven Ms. Jeanne McLean
Honorable David W. Nelson Mr. Ronald H. McLean
Honorable Allan L. Schmalenberger Ms. Joanne Hager Ottmar
Honorable Thomas J. Schneider Mr. Stephen W. Plambeck
Honorable Michael G. Sturdevant Mr. Bruce D. Quick
Ms. Cathy Howe Schmitz

_______________________________
Justice Dale V. Sandstrom
Chair

Honorable Georgia Dawson	Mr. Larry L. Boschee
Honorable Donovan Foughty	Mr. Daniel J. Dunn
Honorable M. Richard Geiger	Mr. Daniel S. Kuntz
Honorable John E. Greenwood	Mr. Galen J. Mack
Honorable Debbie Gordon Kleven	Ms. Jeanne McLean
Honorable David W. Nelson	Mr. Ronald H. McLean
Honorable Allan L. Schmalenberger	Ms. Joanne Hager Ottmar
Honorable Thomas J. Schneider	Mr. Stephen W. Plambeck
Honorable Michael G. Sturdevant	Mr. Bruce D. Quick
	Ms. Cathy Howe Schmitz