TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 44, N.D.R.Civ.P., Proof of Official Record
Staff has prepared amendments to Rule 44 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.
In the existing rule, unique language was added to subdivision (a) providing that: "A public officer having a seal may make such certificate with respect to records in the officer's custody." The Committee may wish to examine the proposed new language to determine whether this additional language is still needed it is not included in the proposed amendments.
The proposed amendments to Rule 44 are attached along with a copy of the amendments
to the federal rule.