TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 37, N.D.R.Crim.P., Appeal as of Right to District Court; How Taken
Staff has prepared amendments to Rule 37 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 (h), line 45, the time period for the municipal court to forward the file to the clerk of district court was increased from 5 to 7 days.
In subdivision (l), line 63, the time period for the appellant to show good cause for failure to appear was increased from 5 to 7 days.
Some form and style amendments were also proposed.
The proposed amendments to Rule 37 are attached.