TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 12, N.D.R.Civ.P., Defenses and Objections
Staff has prepared amendments to Rule 12 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 (a)(1), lines 14, 16, 18, the time to serve a responsive pleading was increased from 20 days to 21 days.
In paragraph (a)(2), lines 24-27, when a motion is filed, the time to serve a responsive pleading was increased from 10 days to 14 days.
In subdivision (e), line 73, the time period for obeying an order for a more definite statement was increased from 10 days to 14 days.
In paragraph (f)(2), line 84, the time period for a court to act on a motion to strike was increased from 20 days to 21 days.
The proposed amendments to Rule 12 are attached. The proposed amendments are highlighted.