TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 2.1, N.D.R.App.P., Mental Health Appeals under Chapter 25-03.1, North Dakota Century Code
Staff has prepared amendments to Rule 2.1 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 subdivision (e), line 23, the time period to serve and file an appellee’s brief was increased from 5 to 7 days after service of the appellant’s brief. The Committee may also consider amending the 3-day time limits regarding filing briefs when applying for a temporary stay in subdivision (e).
In subdivision (g), lines 34-35, the time period to file a motion was increased from 5 to 7 days.
The proposed amendments to Rule 2.1 are attached.