SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 45 - Subpoena
An amendment to Rule 45(a) is proposed to allow the clerk to issue a subpoena to a party involved in a civil action pending in the trial court of a federally-recognized Indian tribe.
Rule 54 - Judgment; Costs
An amendment to Rule 54's explanatory note is proposed to specify the requirements for entry of judgment under Rule 54(b).
Rule 65 - Injunctions
Substantial amendments are proposed for Rule 65. The proposed amendments are designed to provide a rule-based framework for injunction procedure in North Dakota. Under the proposed amendments, elements of the state's injunction procedure statutes would be integrated with best practices from the federal rule on injunctions, Fed.R.Civ.P. 65, and concepts from injunction rules from other states.
The proposed amendments would introduce some new injunction terminology into North Dakota practice. The proposed amendments deal primarily with interim injunctions, which are injunctions that are not permanent. Under the proposed amendments, these interim injunctions would include provisional injunctions, preliminary injunctions and passing injunctions. The proposed provisional injunction is similar to the temporary restraining order under federal practice.
Under the proposed amendments to Rule 65, N.D.C.C. §§ 32-06-03, 32-06-04, 32-06-05, 32-06-06, 32-06-07, 32-06-08, 32-06-09, 32-06-10 and 32-06-11 would be superseded.
B. North Dakota Rules of Appellate Procedure
Rule 4 - Appeal - When Taken
An amendment to Rule 4(a) is proposed to provide for the Supreme Court to retain jurisdiction when remanding a case to the district court to decide a motion, unless the Supreme Court expressly dismisses the appeal.
Rule 29 - Brief of an Amicus Curiae
An amendment to Rule 29(c) is proposed to establish disclosure requirements concerning the authorship and funding of an amicus brief. The proposed disclosure requirements are derived from Fed.R.App.P. 29.
C. North Dakota Rules of Criminal Procedure
Rule 32.1 - Deferred Imposition of Sentence
An amendment to Rule 32.1 is proposed to clarify that any modification of an order deferring imposition of a sentence must take place no later than 60 days after the expiration or termination of probation.
Rule 41 - Search and Seizure
Amendments to Rule 41 are proposed to provide guidelines for warrants authorizing the seizure of electronic storage media and electronically stored information and for the inventory of seized electronic material. These amendments are based on the December 1, 2009, amendments to Fed.R.Crim.P. 41.
D. North Dakota Rules of Court
Rule 6.4 - Exhibits
An amendment to Rule 6.4 is proposed to specify time periods for retention of exhibits and the method for requesting return of exhibits.
Rule 8.13 - In Chambers Interview of Child in Domestic Relations Case
A new rule is proposed to establish a uniform procedure for conducting in-chambers interviews of children in domestic relations cases.
E. North Dakota Supreme Court Administrative Rules and Orders
Rule 13 - Judicial Referees
An amendment to Rule 13 is proposed to allow presiding judges to authorize judicial referees to preside in proceedings involving disorderly conduct restraining orders
Rule 20 - Magistrates-Qualifications, Authority, Education and Procedures
An amendment to Rule 20 is proposed to clarify that magistrates may issue temporary domestic violence protection orders and temporary disorderly conduct restraining orders.
Rule 41 - Access to Court Records
An amendment to Rule 41 is proposed to provide a streamlined method for the court to prohibit public Internet access to an electronic case record when charges against a defendant are dismissed, the defendant is acquitted, or the retention period for the case record under N.D.Sup.Ct.Admin.R. 19 has expired.