TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 25, 2010
RE: Rule 12, N.D.R.Juv.P., Discovery
Assistant Cass County State’s Attorney Kim Hegvik spoke with staff in January about Rule 12. She said the phrase “to the extent not privileged or prohibited by statute, rule, or regulation,” from Paragraph (a)(1), Request for Discovery, should also be in Paragraph (b)(1), Disclosure by Prosecution Without Order of Court. She said using the phrase in both paragraphs would maintain consistency between discovery in deprivation and termination of parental rights proceedings and discovery in delinquency and unruly child proceedings. Staff has prepared amendments to Paragraph (b)(1) on lines 41-42 based on Ms. Hegvik’s suggestion. Staff also amended Paragraph (b)(4), Disclosure by Child Without Order of Court, on lines 94-95.
The proposed amendments to Rule 12 are attached.