TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 3.2, N.D.R.Ct., Motions
Staff has prepared amendments to Rule 3.2 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)(2), lines 8, 10, the time period for an adverse party to serve and file an answer brief was increased from ten to 14 days after service of the moving party’s brief. The time for a moving party to serve and file a reply brief was increased from five to seven days after expiration of the time for filing the answer brief.
In paragraph (a)(3), line 19, the time to request oral argument was increased from five to seven days after expiration of the time for filing the answer brief.
Some form and style amendments were also proposed.
The proposed amendments to Rule 3.2 are attached.