TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 10, 2012
RE: Rule 3.1, N.D.R.Ct., Pleadings
Amendments to Rule 3.1 are proposed to supplement the proposed amendments to N.D.R.Civ.P. 5. These amendments would eliminate the requirement to "attach" proof of service with a requirement that proof of service must accompany any documents submitted for filing.
In addition, the rule would be reorganized under the proposed amendments so that the provision barring filing of non-conforming documents would be moved to the end of the rule. The intent of the proposed reorganization is to make it clear that a "conforming" document is one that meets all of the requirements in Rule 3.1 and that without fulfilling these requirements, the document cannot be filed.
In addition, Mr. Brad Beehler, SBAND's new representative to the Committee, has submitted an e-mail asking the Committee to address the N.D.C.C. 29-15-21 requirement that demands for change of judge be submitted in triplicate. The State Court Administrator has also expressed concerns about this requirement. A copy of the statute is attached.
Proposed amendments to N.D.R.Ct. 3.1 to supplement the N.D.R.Civ.P. 5 amendments and reorganize the rule and to supersede the triplicate filing requirement in the change of judge statute are attached.