Amendments to North Dakota Rules as Adopted

Amendments to North Dakota Rules as Adopted - 20110230

IN THE SUPREME COURT
STATE OF NORTH DAKOTA

ORDER OF ADOPTION

Supreme Court No. 20110230

Proposed Amendments to North Dakota Rules of Civil Procedure, North Dakota Rules of Appellate Procedure, North Dakota Rules of Criminal Procedure, North Dakota Rules of Court, and North Dakota Supreme Court Administrative Rules and Orders

On August 9, 2011, the Joint Procedure Committee filed a Petition for Adoption, Amendment or Repeal of Court Rules with proposed amendments to North Dakota Rules of Civil Procedure 45, 54 and 65; North Dakota Rules of Appellate Procedure 4 and 29; North Dakota Rules of Criminal Procedure 32.1 and 41; North Dakota Rules of Court 6.4 and 8.13; and North Dakota Supreme Court Administrative Rules 13, 20 and 41. The proposed Amendments are available at http://www.ndcourts.gov/Court/Notices/Notices.htm. Individuals who do not have internet access may contact the Office of the Clerk of the Supreme Court to obtain a copy of the proposal. The Court considered the matter, and

ORDERED, that the proposed amendments to North Dakota Rules of Civil Procedure 45 and 54; North Dakota Rules of Appellate Procedure 4 and 29; North Dakota Rules of Criminal Procedure 32.1 and 41; North Dakota Rules of Court 6.4 and 8.13; and North Dakota Supreme Court Administrative Rules 13, 20, and 41, as further amended by the Court, are ADOPTED, effective March 1, 2012.

IT IS FURTHER ORDERED, the proposed amendments North Dakota Rule of Civil Procedure 65, as further amended by the Court, are ADOPTED, effective July 1, 2012.

The Supreme Court of the State of North Dakota convened this 21st day of December, 2011, with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V. Sandstrom, the Honorable Mary Muehlen Maring, the Honorable Carol Ronning Kapsner, and the Honorable Daniel J. Crothers, Justices, directing the Clerk of the Supreme Court to enter the above order.

Sandstrom, Justice, dissenting as to the adoption of N.D. Sup. Ct. Admin. R. 41(6)(a).

Although the adopted change to N.D. Sup. Ct. Admin. R. 41(6)(a) is much less objectionable than what had been proposed, I do not believe it appropriate to permit court orders denying to the public Internet access to truthful information sought about specific persons, while permitting third parties to buy and sell the information unrestricted, and burdening clerks of court with telephone requests for the information.

Petra H. Mandigo Hulm
Chief Deputy Clerk
North Dakota Supreme Court