Proposed Amendments to the North Dakota Rules of Civil
Procedure, North Dakota Rules of Criminal Procedure, North Dakota Rules of
Evidence, North Dakota Rules of Appellate Procedure, and the North Dakota
Rules of Court
On June 26, 2006, the Joint Procedure Committee filed proposed amendments to N.D.R.Civ.P.
(Persons Subject to Jurisdiction--Process--Service), 6 (Time), 27 (Depositions Before Action or
Pending Appeal), 38 (Jury Trial of Right), and 45 (Subpoena); N.D.R.Crim.P. 7 (The Indictment
the Information), 29 (Motion for Judgment of Acquittal), 32 (Sentencing and Judgment), 33
Trial), 34 (Arresting Judgment), and 45 (Computing and Extending Time); N.D.R.Ev. 702
(Testimony by Experts), and 703 (Bases of Opinion Testimony by Experts); N.D.R.App.P. 3
(Appeal as of Right--How Taken), 4 (Appeal--When Taken), and 32 (Form of Briefs,
and Other Papers); and N.D.R.Ct. 3.1 (Pleadings), 3.2 (Motions), and 8.4 (Summons in Action
Divorce or Separation). A hearing was held on October 25, 2006, in the Ralph J. Erickstad
Courtroom of the Supreme Court. At that time, any written comments were submitted to the
The Court, on its own, also considered amendments to N.D.R.Civ.P. 10 (Form of Pleadings), 12
(Defenses and objections--when and how presented --By pleading or motion--Motion for
on pleadings), and 17 (Parties Plaintiff and Defendant--Capacity); and N.D.R.Crim.P. 3 (The
Complaint). The Court considered the matter, and
The Supreme Court of the State of North Dakota convened December 6, 2006, with the
Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V.
Honorable Mary Muehlen Maring, the Honorable Carol Ronning Kapsner, the Honorable
Crothers, Justices, directing the Clerk of the Supreme Court to enter the above order.