SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 4 - Persons Subject to Jurisdiction -- Process -- Service
An amendment to paragraph (c)(2) is proposed requiring a copy of the complaint to be served with the summons under most circumstances.
An amendment to paragraph (c)(3) is proposed:
-- allowing a demand to file complaint to be served on attorney under N.D.R.Civ.P. 5;
-- specifying that, in a multiple defendant case, service of a demand to file complaint by one defendant is effective for all defendants; and
-- providing an exception for excusable neglect in responding to a demand to file complaint.
An amendment to subdivision (e) is proposed clarifying how to count the three-day extension for service by mail or commercial carrier.
Rule 27 - Depositions Before Action or Pending Appeal
New language is proposed for paragraph (a)(2) to improve organization and make the paragraph easier to understand.
New language for the explanatory note is proposed clarifying that the rule applies to a jury trial demand under the Uniform Probate Code.
An amendment to subdivision (b) is proposed to eliminate the requirement for parties to serve a separate notice for production when they are serving a deposition notice.
B. North Dakota Rules of Criminal Procedure
Rule 7 - The Indictment and the Information
An amendment to subdivision (c) is proposed specifying that the indictment or information must contain a statement of facts establishing the elements of the offense charged.
Rule 29 - Motion for a Judgment of Acquittal
An amendment to paragraph (c)(1) is proposed deleting language requiring the trial court to rule on a motion for extension of time within ten days.
Rule 32 - Sentencing and Judgment
Language is proposed for paragraph (f)(3) clarifying that a probationer must be given an opportunity to make a statement of mitigation at a revocation hearing.
An amendment to paragraph (b)(2) is proposed deleting language requiring the trial court to rule on a motion for extension of time within ten days.
An amendment to subdivision (b) is proposed deleting language requiring the trial court to rule on a motion for extension of time within ten days.
Rule 45 - Computing and Extending Time
An amendment to subdivision (b) is proposed to take into account the proposed amendments to Rules 29, 33, and 34.
An amendment to subdivision (c) is proposed to clarify how to count the three-day extension for service by mail or commercial carrier.
C. North Dakota Rules of Evidence
Rule 702 - Testimony by Experts
An amendment to the explanatory note is proposed deleting an obsolete case reference.
Rule 703 - Bases of Opinion Testimony by Experts
The addition of new language derived from the 2000 amendment to Fed.R.Ev. 703 is proposed.
D. North Dakota Rules of Appellate Procedure
Rule 3 - Appeal as of Right -- How Taken
Language is proposed for paragraph (d)(4) specifying that, if the State of North Dakota is a real party in interest to an action, it must be named as a party on appeal, regardless of whether it was named as a party in the action below.
A new subdivision (e) is proposed specifying time deadlines for an appeal under the Uniform Juvenile Court Act.
Rule 32 - Form of Briefs, Appendices, and Other Papers
Language is proposed for paragraph (a)(2) clarifying that covers of petitions for rehearing must be the same color as the petitioning party's principal brief.
E. North Dakota Rules of Court
Deletion of the final sentence of paragraph (j)(4) on court personnel review of filed documents is proposed.
Reorganization of subdivision (a) for clarity is proposed.
A new subdivision (b) on hearings is proposed. The new subdivision would contain new language allowing hearings by electronic means and new language requiring the court to review parties' submissions before ordering a hearing.
A new paragraph (f)(2) is proposed clarifying that the rule applies to formal proceedings under the Uniform Probate Code.
Rule 8.4 - Summons in Action for Divorce or Separation
A new subdivision (c) is proposed that would require restraining provisions to be included in the summons in a custody matter.