TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 39, N.D.R.Civ.P., Trial by Jury or by the Court
Staff has prepared amendments to Rule 39 based on the federal form and style amendments. The amendments are intended 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.
The proposed amendments to Rule 39 are attached along with a copy of the amendments
to the federal rule.