TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 32, N.D.R.Civ.P., Using Depositions in Court Proceedings
Staff has prepared amendments to Rule 32 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 subparagraph (a)(5)(A), line 58, the time period for limiting the use of a deposition against a party was increased from less than 11 days to less than 14 days.
In subparagraph (d)(3)(C), line 152, the time period for waiver of an objection to a written question was increased from 5 days to 7 days.
The proposed amendments to Rule 32 are attached. The proposed amendments are highlighted.