SYNOPSIS OF AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 4 - Persons Subject to Jurisdiction; Process; Service
Rule 4 was amended to transfer paragraph (c)(3) on making a demand to file the complaint to Rule 5.
Rule 5 - Service and Filing of Pleadings and Other Papers
Rule 5 was amended to require in subparagraph (d)(2)(A) that proof of service be provided and filed by a party seeking to file an initiating pleading and to include in subparagraph (d)(2)(A) transferred language from Rule 4 to allow the defendant to demand filing of the complaint or to file the complaint itself.
Rule 8 - General Rules of Pleading
Rule 8 was amended to re-letter the rule to reflect the movement of the content of former subdivision (d) to paragraph 8(b)(6).
Rule 26 - General Provisions Governing Discovery
Rule 26 was amended to include in subparagraph (b)(1)(A) a definition of "electronically stored information" and to designate what types of metadata may be discovered and to provide in subdivision (f) a procedure for discovery meetings and conferences and for the formulation of discovery plans and reports, with an emphasis on discussing and planning for the discovery of electronic information.
Rule 33 - Interrogatories to Parties
Rule 33 was amended to limit the number of interrogatories a party may serve to 50.
Rule 45 was amended to direct persons to new N.D.R.Ct. 5.1 for information about how to proceed with discovery in this state in an action pending in an out-of-state court and to clarify that the notice required by subdivision (f) must be made part of the subpoena when the subpoena seeks only pretrial or prehearing production of documents, electronically stored information, or tangible things or the inspection of premises.
Rule 58 - Entry and Notice of Entry of Judgment
Rule 58 was amended to require in subdivision (b) that the prevailing party identify the docket number and the date the judgment was signed in the notice of entry of judgment; serve a copy of the judgment with the notice of entry; and file the notice of entry of judgment, but not the copy judgment.
B. North Dakota Rules of Appellate Procedure
Rule 24 - Supplemental Brief of Indigent Defendant
Rule 24 was amended to decrease the page volume allowed in a supplemental brief to 16 pages.
Rule 32 - Form of Briefs, Appendices, and Other Papers
Rule 32 was amended to decrease the page and type volume allowed in a primary brief to 8,000 words or 32 pages and in a response brief 2,000 words or 8 pages.
Rule 40 - Petition for Rehearing
Rule 40 was amended to decrease the page and type volume allowed in a petition for rehearing to 2,000 words or 8 pages.
C. North Dakota Rules of Criminal Procedure
Rule 3 was amended to allow the complaint to be presented to the magistrate by telephone or other reliable electronic means under new Rule 4.1.
Rule 4 - Arrest Warrant or Summons upon Complaint
Rule 4 was amended to allow the magistrate to issue a warrant or summons based on information communicated by telephone or other reliable electronic means under the procedure set out in new Rule 4.1.
Rule 4.1 - Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means
New Rule 4.1 was enacted establishing a procedure for the magistrate to follow in considering information communicated by telephone or other reliable electronic means when reviewing a complaint or deciding whether to issue a warrant or summons.
Rule 7 - The Indictment and the Information
Rule 7 was amended to clarify that municipal ordinance cases transferred to district court under N.D.C.C. § 40-18-06.2 are not prosecuted in the name of the State.
Rule 9 - Warrant or Summons upon Indictment or Information
Rule 9 was amended to incorporate the provisions of Rule 4(b) concerning formal requirements for issuance of the warrant or summons and to allow the magistrate to issue a warrant or summons based on information communicated by telephone or other reliable electronic means under the procedure set out in Rule 4.1.
Rule 17 was amended to direct persons to new N.D.R.Ct. 5.1 for information about how to proceed with discovery in this state in an action pending in an out-of-state court.
Rule 32.2 - Pretrial Diversion
Rule 32.2 was amended to include payment of fees or costs as an additional condition to a pretrial diversion agreement.
Rule 41 was amended to delete former language on warrant by remote communications or electronic transmission and to allow the magistrate to issue a warrant based on information communicated by telephone or other reliable electronic means under the procedure set out in new Rule 4.1.
D. North Dakota Rules of Juvenile Procedure
Rule 13 was amended to direct persons to new N.D.R.Ct. 5.1 for information about how to proceed with discovery in this state in an action pending in an out-of-state court.
E. North Dakota Rules of Court
Rule 3.1 was amended to clarify that, unless a rule or statute requires a document to be filed before it is served, proof of service must accompany any document submitted for filing.
Rule 5.1 - Interstate Depositions and Discovery
New Rule 5.1 was enacted to establish a uniform procedure on proceeding with discovery in this state in an action pending in an out-of-state court. The new rule was derived from the Uniform Interstate Depositions and Discovery Act.