TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 4, N.D.R.App.P., Appeal - When Taken
Staff has prepared amendments to Rule 4 based on the time computation amendments made to the federal rules. The principal simplifying innovation is to count all days, including intermediate weekends and holidays, in computing time periods under the procedural rules. Under the previous rules, intermediate weekends and holidays were omitted when computing short periods but included when computing longer periods. Under the amended rules, intermediate weekends and holidays are counted regardless of the length of the specified period.
To further simplify time-counting, the federal advisory committees proposed changing most periods of less than 30 days to multiples of 7 days. The advisory committees adopted 7, 14, 21, and 28-day periods when possible, so that deadlines will usually fall on weekdays.
In subparagraph (a)(3)(A)(vi), line 21, the time period to file a Rule 60 motion was increased from 15 to 28 days after notice of entry of judgment.
Amendments were also made to Rule 4 based on amendments to the federal rule, which became effective December 1, 2009. The amendment to Rule 4(a)(3)(B)(ii), on line 29, changes the phrase “judgment altered or amended” to “judgment’s alteration or amendment.” The amendment eliminates an ambiguity arising from the 1998 restyling of the rule, which might be construed to require an appellant to amend a notice of appeal filed before a district court amends the judgment, even if the amendment favors the appellant. The proposed amendment is highlighted.
The proposed amendments to Rule 4 are attached.