TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 8, 2008
RE: Rule 29, N.D.R.Civ.P., Stipulations About Discovery Procedure
Staff has prepared amendments to Rule 29 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 language in Rule 29(b) is slightly different than the current language. At present, the rule seems to prohibit any discovery stipulation that could cause interference with the time for a trial or hearing. The proposed amendment would allow such if stipulation if court approval was obtained.