July 9, 2004
Honorable Gerald W. VandeWalle, Chief Justice
North Dakota Supreme Court
600 East Boulevard Avenue
Bismarck, ND 58505-0530
Re: Proposed Amendments to N.D.R.Civ.P. 62--Stay of Proceedings to Enforce a Judgment and N.D.R.App.P. 8--Stay or Injunction Pending Appeal, Supreme Court No. 20030329
Dear Chief Justice:
Proposed amendments to N.D.R.Civ.P. 62 and N.D.R.App.P. 8 were submitted to the North Dakota Supreme Court in November 2003 by John Olson. Mr. Olson's proposal suggested placing a limit on the dollar amount of appellate bonds. By letter dated November 12, 2003, the Court transmitted the proposal to the Joint Procedure Committee for review and report.
The Committee discussed the proposal at its January and April 2004 meetings. The Committee heard testimony in support of the proposal from Mr. Olson and his colleague Keith Teel. The Committee also reviewed comprehensive information submitted by Mr. Olson and Mr. Teel on appellate bond limits across the United States. After considerable discussion, the Committee decided that an appellate bond limit of fifty million dollars would be appropriate for North Dakota.
Please find attached proposed amendments to N.D.R.Civ.P. 62 and N.D.R.App.P. 8 that incorporate Mr. Olson's proposal as well as the Committee's own suggestions. More detailed information on the Committee's discussion of the proposal can be found in the Committee's January and April 2004 minutes, which have been posted to the Supreme Court website.
Thank you for referring this matter to the Joint Procedure Committee.
Dale V. Sandstrom
Chair, Joint Procedure Committee