TO: Joint Procedure Committee
FROM: Andy Forward
DATE: September 10, 2009
RE: Rule 5, N.D.R.Civ.P., Service and Filing of Pleadings and Other Papers
Staff has prepared amendments to Rule 5 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.
Subdivisions (a) and (b) were previously amended to improve organization and to make the subdivisions easier to understand.
Subdivisions (d), (e), and (f) are substantially different than the federal rule. The proposed amendments are intended to improve organization and to make the subdivisions easier to understand.
The proposed amendments to Rule 5 are attached along with a copy of the amendments to the federal rule.