SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 5 - Service and Filing of Pleadings and Other Papers
An amendment to paragraph (b)(1) is proposed to make it clear that, when an attorney has served a notice of limited representation under N.D.R.Civ.P. 11(e), service of papers on the attorney is not required except for papers within the scope of the limited representation.
An amendment to paragraph (b)(2) is proposed to provide for service by electronic means and to improve organization.
Rule 6 - Time
An amendment to subdivision (e) is proposed to remove a reference to facsimile transmission and to provide that a document served by electronic means will be treated as if it were mailed on the date of transmission.
Rule 11 - Signing of Pleadings, Motions and Other Papers; Representation to Court; Sanctions
Addition of a new subdivision (e) is proposed to permit an attorney to file a notice of limited representation indicating an intent to represent a party for one or more matters in a case, but not for all matters. The proposal would also require an attorney to serve a notice of termination of limited representation when the attorney's involvement with the matter ends.
Rule 40 - Assignment of Cases for Trial
An amendment to Rule 40 is proposed to delete an explanatory note reference to the no longer applicable Certificate of Readiness requirement.
Rule 45 - Subpoena
An amendment to paragraph (b)(2) is proposed to make it clear that notice must be served on each party in a matter before a subpoena to take testimony or for production is served. In addition, form and style changes based on the 2007 amendments to Fed.R.Civ.P. 45 are proposed.
B. North Dakota Rules of Criminal Procedure
Rule 1 - Scope and Exceptions
An amendment to paragraph(b)(4) is proposed to delete a reference to paternity actions, which are wholly civil in nature under N.D.C.C. ch. 14-20.
Rule 32.2 - Pretrial Diversion
A new rule is proposed allowing pretrial diversion of criminal defendants under certain circumstances.
Form 9 - Appendix "A"; Form 9A - Appendix "A" (without sex offender conditions)
Amendments to Form 9 are proposed to clarify and explain electronic surveillance and sex offender registration provisions. A new Form 9A is proposed for use in cases not involving sex offenders.
C. North Dakota Rules of Appellate Procedure
Rule 2.2 - Termination of Parental Rights Expedited Appeals
A new rule is proposed to provide guidelines for expedited appeals in termination of parental rights cases.
D. North Dakota Rules of Court
Rule 2.2 - Facsimile Transmission
Deletion of the facsimile transmission rule is proposed.
Rule 3.1 - Pleadings
An amendment to subdivision (j) is proposed to eliminate privacy protection requirements from Rule 3.1 and to indicate that these requirements have been transferred to Rule 3.4.
Rule 3.4 - Privacy Protection for Filings Made With the Court
A new rule based on amendments to Fed.R.Civ.P. 5.2, Fed.R.Crim.P. 49.1, and Fed.R.App.P. 25 is proposed to set out privacy protection requirements for documents filed with the court.
Rule 11.2 - Withdrawal of Attorneys
An amendment to subdivision (d) is proposed to make it clear that an attorney who serves a notice of limited representation under N.D.R.Civ.P. 11(e) to represent a party for one or more matters in a case is not required to formally withdraw upon completion of activity covered by the notice.
F. North Dakota Supreme Court Administrative Rules and Orders
Rule 41 - Access to Court Records
An amendment to section 5 (b)(8) is proposed to make Rule 41's privacy requirements consistent with the requirements of proposed new N.D.R.Ct. 3.4.
Order 16 - Electronic Filing Pilot Project for the District Courts
Amendments are proposed to integrate filing by facsimile with other forms of electronic filing and to eliminate the electronic filing surcharge.