SYNOPSIS OF AMENDMENTS AS ADOPTED
A. North Dakota Rules of Civil Procedure
Rule 45 - Subpoena
Rule 45(a) is amended to clarify the definition of "state" and to allow the clerk to issue a subpoena to a party involved in a civil action pending in the trial court of a federally-recognized Indian tribe.
Rule 54 - Judgment; Costs
Rule 54's explanatory note is amended to specify the requirements for entry of judgment under Rule 54(b).
Rule 65 - Injunctions
Rule 65 is amended substantially to provide a rule-based framework for injunction procedure in North Dakota. Under the amendments, elements of the state's injunction procedure statutes are integrated with best practices from the federal rule on injunctions, Fed.R.Civ.P. 65, and concepts from injunction rules from other states.
Under amendments to Rule 65, N.D.C.C. §§ 32-06-03, 32-06-04, 32-06-05, 32-06-06, 32-06-07, 32-06-08, 32-06-09, 32-06-10 and 32-06-11 are superseded.
In order to allow the bench and bar time to study the amendments, a delayed effective date of July 1, 2012 has been set for Rule 65.
B. North Dakota Rules of Appellate Procedure
Rule 4 - Appeal - When Taken
Rule 4(a) is amended to provide that the Supreme Court will retain jurisdiction when remanding a case to the district court to decide a motion, unless the Supreme Court expressly dismisses the appeal.
Rule 29 - Brief of an Amicus Curiae
Rule 29(c) is amended to establish disclosure requirements concerning the authorship and funding of an amicus brief. The new disclosure requirements are derived from Fed.R.App.P. 29.
C. North Dakota Rules of Criminal Procedure
Rule 32.1 - Deferred Imposition of Sentence
Rule 32.1 is amended to clarify that any modification of an order deferring imposition of a sentence must take place no later than 60 days after the expiration or termination of probation.
Rule 41 - Search and Seizure
Rule 41 is amended to provide guidelines for warrants authorizing the seizure of electronic storage media and electronically stored information and for the inventory of seized electronic material. The amendments are based on the December 1, 2009, amendments to Fed.R.Crim.P. 41.
D. North Dakota Rules of Court
Rule 6.4 - Exhibits
Rule 6.4 is amended to specify time periods for retention of exhibits and the method for requesting return of exhibits.
Rule 8.13 - In Chambers Interview of Child in Domestic Relations Case
A new rule is adopted to establish a uniform procedure for conducting in-chambers interviews of children in domestic relations cases.
E. North Dakota Supreme Court Administrative Rules and Orders
Rule 13 - Judicial Referees
Rule 13 is amended to allow presiding judges to authorize judicial referees to preside in proceedings involving disorderly conduct restraining orders
Rule 20 - Magistrates-Qualifications, Authority, Education and Procedures
Rule 20 is amended to clarify that magistrates may issue temporary domestic violence protection orders and temporary disorderly conduct restraining orders.
Rule 41 - Access to Court Records
Rule 41 is amended to provide a method for the court to prohibit public Internet access to an electronic criminal case record when charges against a defendant are dismissed or the defendant is acquitted.