SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
An amendment extends the time from seven to eleven days when intermediate Saturdays, Sundays, and legal holidays are excluded from the computation of the prescribed time. The amendment achieves consistency with Fed.R.Civ.P. 6.
To accommodate the extension of time, another amendment extends from fourteen to eighteen days when a motion must be served before it may be heard.
B. North Dakota Rules of Criminal Procedure
Rule 18, Place of Trial or Hearing.
An amendment allows proceedings, other then the trial, to occur outside the county of venue. The amendment is consistent with and supersedes N.D.C.C. § 29-01-33.
Rule 21, Transfer from the County or Municipality for Trial.
An amendment allows the court to transfer a trial to another county in the absence of an objection. The amendment supersedes N.D.C.C. § 29-01-33. Unlike the statute, under the amendment, the time for filing an objection runs from the date of notification of the place of trial rather than the date of assignment of a judge. The amendment also achieves consistency with the existing provisions in Rule 21 establishing grounds for a change in venue. Under the statute, it appears the trial must be held where originally venued if either party objects regardless of the grounds for a change in venue.
Rule 44, Right to and Appointment of Counsel.
New subdivision (b) allows an indigent defendant to apply ex parte for financial assistance to obtain investigative, expert, or other services necessary for an adequate defense. The application, the record of any proceeding, and the order on the application must be kept under seal, except upon order of the court.
The amendment prevents defendants from having to reveal their case to the prosecution in order to get funding.
An amendment extends the time from seven to eleven days when intermediate Saturdays, Sundays, and legal holidays are excluded from the computation of the prescribed time. The amendment achieves consistency with Fed.R.Crim.P. 45.
To accommodate the extension of time, another amendments extends from fourteen to eighteen days when a motion must be served before it may be heard.
Rule 53, Regulation of Conduct in the Courtroom.
An amendment repeals Rule 53. The substance of Rule 53 is contained in N.D.R.Ct. 10.1.
C. North Dakota Rules of Evidence
Rule 502, Lawyer-Client Privilege.
An amendment addresses who is a representative of the client for the purpose of claiming the lawyer-client privilege. Under the amendment, to be a representative of the client a person must: 1) be specifically authorized to provide or receive information relating to the legal services being rendered; 2) acquire the information during the course of the person's relationship with the client as principle, employee, officer, or director; and 3) provide or receive the information for the purpose of obtaining legal services. The rule is no longer limited to the "control group," i.e., people who have authority to obtain professional legal services, or to act on advice rendered on behalf of the client.
D. North Dakota Rules of Appellate Procedure
Rule 26, Computation and Extension of Time.
An amendment extends the time from seven to eleven days when intermediate Saturdays, Sundays, and legal holidays are excluded from the computation of the prescribed time. The amendment achieves consistency with N.D.R.Civ.P. 6 and N.D.R.Crim.P. 45.
E. North Dakota Rules of Court
An amendment to the explanatory note cites the amendments extending the time from seven to eleven days when intermediate Saturdays, Sundays, and legal holidays are excluded.
Rule 8.2, Interim Orders in Domestic Relations Cases.
An amendment to subdivision (b)(5) provides an interim order may not be amended except upon stipulation of the parties or in the event of a material change of circumstances. The standard is the same as for amendment of an ex parte interim order that has become final under subdivision (a)(5)(B).
An amendment to subdivision (d) requires wireless communication devices to be turned off in the courtroom. The amendment is intended to avoid disruption by portable phones.
F. North Dakota Supreme Court Administrative Rules
Rule 41, Access to Judicial Records.
The appendix to Rule 41 lists court rules making certain records confidential. An amendment adds N.D.R.Crim.P. 44(b) to the list, which provides for confidentiality of an application for financial assistance by an indigent defendant.