TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 31, 2010
RE: Rule 39.1, N.D.R.Civ.P., Change in Location of a Hearing, Proceeding, or Trial; Change of Venue
Staff has prepared amendments to Rule 39.1 based on the federal form and style amendments. The amendments are intended to make the rule more easily understood and to make style and terminology consistent throughout the rules. The amendments also aim to modernize the rule, removing references to obsolete authority and practices.
Staff also prepared amendments to Rule 39.1 based on the amendments made to the time periods in the federal rules. In paragraph (a)(2), line 16, the time period to file an objection to the change of trial was increased from 10 to 14 days after the date of notification of the place of trial.
Rule 39.1 is unique to North Dakota; there is no federal counterpart. Form and style changes are proposed. The proposed amendments to Rule 39.1 are attached. The time period amendments are highlighted.