Proposed Amendments to the North Dakota Rules of Civil
Procedure, North Dakota Rules of Criminal Procedure, North Dakota Rules of Appellate
Procedure, North Dakota Rules of Court, and North Dakota Supreme Court Administrative
Rules and Orders
On August 19, 2008, the Joint Procedure Committee filed a Petition with proposed amendments
to the North Dakota Rules of Civil Procedure 5 (Service and Filing of Pleadings and Other
Papers),
6 (Time), 11 (Signing of Pleadings, Motions and Other Papers; Representations to Court;
Sanctions),
40 (Assignment of Cases for Trial), 45 (Subpoena); Criminal Procedure 1 (Scope and
Exceptions),
32.2 (Pretrial Diversion), Form 9 (Appendix "A"), Form 9A (Appendix "A" without sex offender
conditions); Appellate Procedure 2.2 (Termination of Parental Rights - Expedited Appeals);
Rules
of Court 2.2 (Facsimile Transmission), 3.1 (Pleadings), 3.4 (Privacy Protection for Filings Made
With the Court), 11.2 (Withdrawal of Attorneys); Supreme Court Administrative Rule 41
(Access
to Court Records); and Supreme Court Administrative Order 16 (Electronic Filing Pilot Project
for
the District Courts). Subsequently, on October 6, 2008, the Joint Procedure Committee
filed
supplemental proposed amendments to Supreme Court Administrative Rule 41. A hearing was
held
on October 23, 2008, in the Ralph J. Erickstad Courtroom of the Supreme Court. At that time,
any
written comments were submitted to the Court. The Court, on its own, also considered
amendments to Rule of Appellate Procedure 14 (Identity Protection). The Court considered the
matter, and
ORDERED,that the proposed amendments to North
Dakota Rules of Civil Procedure 5, 6, 11, 40,
45; Criminal Procedure 1, 32.2, Form 9, Form 9A; Appellate Procedure 2.2, 14; Rules of Court
2.2,
3.1, 3.4, 11.2; Supreme Court Administrative Rule 41; and Supreme Court Administrative
Order 16;
as further amended by the Court, are ADOPTED effective March 1, 2009.
The Supreme Court of the State of North Dakota convened December 3, 2008 with the
Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V.
Sandstrom, the
Honorable Mary Muehlen Maring, the Honorable Carol Ronning Kapsner, the Honorable
Daniel J.
Crothers, Justices, directing the Clerk of the Supreme Court to enter the above order.