TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 10, N.D.R.App.P., The Record on Appeal
Staff has prepared amendments to Rule 10 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 paragraph (b)(4), line 31, the time period for a clerk to transmit the order for transcript was increased from 3 to 7 days.
In paragraph (c)(3), lines 59, 61, 67, the time periods regarding transcription costs were increased from 10 to 14 days.
In subdivision (f), line 102, the time period for an appellee to serve objections or propose amendments to a statement of the proceedings was increased from 10 to 14 days.
The proposed amendments to Rule 10 are attached.