MEMO
TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 26, N.D.R.Civ.P., General Provisions Governing Discovery
The Committee considered Rule 26 at its September 2008 meeting and concerns were raised about the internal organization. Staff was instructed to check the numbering of the rule to assure that it was in accord with previous versions of the rule.
Staff has drafted some minor alterations of the numbering in subdivision (b) to bring the proposal in line with previous versions of the rule. The major change was to make "Scope" and "Limitations on Frequency and Extent" subparagraphs under (b)(1) rather than separate paragraphs.
A copy of the proposal is attached.