SYNOPSIS OF AMENDMENTS AS ADOPTED
A. North Dakota Rules of Civil Procedure
Rule 5 - Service and Filing of Pleadings and Other Papers
Rule 5(a) is amended to improve organization and clarify what types of papers may be served under Rule 5.
Rule 12 - Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on Pleadings
Rule 12 is amended to eliminate reference to the note of issue/certificate of readiness requirement.
Rule 16 - Pretrial Conferences, Scheduling, Management
Rule 16 is amended to include issues related to electronically stored information on the list of possible subjects for discussion at a pretrial conference.
Rule 26 - General Provisions Governing Discovery
Rule 26 is amended to implement changes related to discovery of electronically stored information. Amendments include a new subparagraph (b)(2)(B) on limitations to discovery of electronic information and a new paragraph (b)(6) on claims of privilege or protection.
Rule 33 - Interrogatories to Parties
Rule 33 (b) is amended to clarify that electronically stored information is a type of business record.
Rule 34 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Several provisions of Rule 34 are amended to provide guidance regarding requests for the production of electronically stored information.
Rule 37 - Failure to Make or Cooperate in Discovery; Sanctions
Rule 37(f) is amended to include new language on sanctions for loss of electronically stored information. Language exempting the state from sanctions is moved to Rule 37(e).
Rule 40 - Assignment of Cases for Trial
Rule 40 is amended to eliminate subdivision (b) and its note of issue and certificate of readiness requirement.
Rule 45 - Subpoena
Rule 45 is amended to clarify that production of electronically stored materials may be demanded by subpoena and to provide guidance for preparing requests for electronically stored materials and for responding to such requests.
Rule 45(b) is amended to eliminate the requirement that parties serve a separate notice for production when commanding a person to attend a deposition to give testimony and produce documents or things.
Rule 50 - Judgment as a Matter of Law in Jury Trials
Rule 50 is amended to reorganize paragraph (a)(1) to improve clarity and
to add new language to paragraph (a)(2) to allow a motion for judgment as a matter of law
to be made at any time before the case is submitted to the jury.
In addition, Rule 50(b) is amended to allow a party to renew a motion for judgment as a matter of law after the verdict without first renewing the motion at the close of the evidence.
Form 20 - Motion for Production of Documents, Etc., Under Rule 34
Form 20 is amended to reflect changes to Rule 34.
B. North Dakota Rules of Criminal Procedure
Rule 17 - Subpoena
Rule 17 is amended to eliminate an outdated cross-reference to a deleted paragraph.
Rule 37 - Appeal as of Right to District Court; How Taken
Rule 37 is amended to require the court to summarily affirm a judgment when an appellant does not appear at a requested trial anew unless the appellant can show good cause for failing to appear.
Rule 43 - Defendant's Presence
Rule 43's explanatory note is amended to cross-reference Rule 37's provision on presence at a trial anew.
C. North Dakota Rules of Evidence
Rule 404 - Character Evidence Not Admissible to Prove Conduct, Exceptions: Other Crimes
Rule 404 is amended to add language allowing rebuttal of victim character evidence and to add a cross-reference to Rule 412.
Rule 408 - Compromise and Offers to Compromise
Rule 408 is amended to clarify that evidence of offers to compromise is not admissible to prove liability for, invalidity of, or amount of a claim or to impeach through a prior inconsistent statement or contradiction.
Rule 510 - Waiver of Privilege by Voluntary Disclosure
Rule 510 is amended to indicate that the rule does not apply when N.D.R.Civ.P. 26 (b)(6)(B), the discovery "safe harbor" provision, applies.
Rule 606 - Competency of Juror as Witness
Rule 606 is amended to specify that juror testimony is allowed on the topic of whether there was a mistake in entering the verdict onto the verdict form.
Rule 609 - Impeachment by Evidence of Conviction of Crime
Rule 609 is amended to clarify the circumstances under which evidence of a conviction of a crime involving dishonesty or false statement may be admitted.
D. North Dakota Rules of Appellate Procedure
Rule 2.1 - Mental Health Appeals Under N.D.C.C. ch. 25-03.1
Rule 2.1 is amended to explain that a party who seeks to stay a mental health order must request any stay from the supreme court if an appeal is filed.
Rule 4 - Appeal - When Taken
Rule 4 is amended to specify that the time for filing an appeal continues to run when a motion to correct a sentence under N.D.R.Crim.P. 35 is filed.
Rule 10 - The Record on Appeal
Rule 10 is amended to require that a copy of the transcript be ordered for each unrepresented party.
Rule 14 - Identity Protection
A new rule is enacted to bar parties from referring to designated vulnerable persons by name and to allow correction of existing electronic records to remove the names of these specified persons.
Rule 25 - Filing and Service
Rule 25 is amended to provide guidelines for service of appellate papers by electronic means.
Rule 26 - Computing and Extending Time
Rule 26 is amended to explain that, unless a paper is delivered on the date of service as stated in the proof of service, three days are added to the prescribed period.
Rule 28 - Briefs
Rule 28 is amended to set out requirements for briefs filed with the court.
Rule 31 - Serving and Filing Briefs
Rule 31 is amended to require that a copy of each brief be served on each unrepresented party. Further amendments update requirements for filing electronic copies of paper briefs.
Rule 32 - Form of Briefs, Appendices and Other Papers
Rule 32 is amended to transfer petition for rehearing length requirements to Rule 40.
Rule 40 - Petition for Rehearing
Rule 40 is amended to include length requirements.
Rule 44 - Case Involving a Constitutional Question When the State is Not a Party
A new rule is enacted setting out requirements for parties raising constitutional questions when the state is not a party.
E. North Dakota Rules of Court
Rule 8.3 - Case Management (Divorce Cases)
Rule 8.3 is amended to eliminate reference to the note of issue/certificate of readiness requirement.
Rule 10.1 - Conduct in Court
Rule 10.1 is amended to forbid jurors from possessing wireless communication devices during deliberations.
F. North Dakota Supreme Court Administrative Rules
Order 14 - Electronic Filing Pilot Project
Order 14 is amended to require electronically filed documents, for purposes of time calculation, to be treated as if they were mailed.
Order 16 - Electronic Filing Pilot Project for the District Courts
Order 16 is amended to allow parties to file initial pleadings electronically.