SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 5 - Service and Filing of Pleadings and Other Documents
A new paragraph (a)(4) is proposed to specify service methods in proceedings to modify orders relating to spousal support, child support or parental rights and responsibilities or in proceedings to amend judgments that are commenced more than one year after entry of judgment.
Rule 6 - Computing and Extending Time; Time for Motion Papers
An amendment to paragraph (d)(1) is proposed to clarify that, if an evidentiary hearing is requested, a written motion and notice of motion must be served 21 days before the time specified for the hearing.
Rule 33 - Interrogatories to Parties
An amendment to paragraph (a)(3) is proposed to define when a subpart of an interrogatory does not constitute a separate interrogatory.
B. North Dakota Rules of Criminal Procedure
Rule 5 - Initial Appearance Before the Magistrate
An amendment to paragraph (b)(2) is proposed to require that the defendant in a felony case be informed at the initial appearance of the right of a defendant who is not a U.S. citizen to request that a consular officer be informed of the defendant's arrest.
An amendment to subdivision (d) is proposed to allow the use of contemporaneous audio or audiovisual transmission by reliable electronic means to conduct initial proceedings.
Rule 10 - Arraignment
An amendment to subdivision (b) is proposed to allow the use of contemporaneous audio or audiovisual transmission by reliable electronic means to conduct the arraignment
Rule 11 - Pleas
A new subparagraph (b)(1)(J) is proposed to require the court to advise a defendant, before the court accepts a plea of guilty, that a conviction may cause immigration consequences.
Rule 12 - Pleadings and Pretrial Motions
Amendments to subdivision (b) are proposed to provide specific guidance for pretrial motions. Amendments to paragraph (b)(2) would allow lack of jurisdiction to be raised at any time the case is pending. Amendments to paragraph (b)(3) would provide a list of specific motions that must be made pretrial if the basis for the motion is then reasonably available and the motion can be determined without a trial on the merits.
Amendments to subdivision (c) are proposed to govern both the deadline for making pretrial motions and the consequences of failing to meet the deadline. Amendments to paragraph (c)(1) would explain how the deadline for pretrial motions is set. New paragraph (c)(2) would specifically allow the court discretion to reset motion deadlines. New paragraph (c)(3) would explain the treatment of untimely motions.
Rule 15 - Depositions
A new paragraph (f)(4) is proposed to allow a deposition to be taken outside the United States without the defendant's presence under certain specified circumstances.
Rule 20 - Transfer from the County for Plea and Sentence
Amendments to subdivisions (b) and (c) are proposed to require electronic transfer of case files.
Rule 21 - Transfer from the County for Trial
An amendment to subdivision (d) is proposed to require case files to be transferred electronically.
Rule 34 - Arresting Judgment
An amendment to subdivision (a) is proposed to recognize only one ground for a motion to arrest judgment: that the court is without jurisdiction of the offense charged.
C. North Dakota Rules of Evidence
Rule 513 - Collaborative Law Privilege
A new rule is proposed to establish a privilege against disclosure of collaborative law communications.
Rule 801 - Definitions That Apply to this Article; Exclusions from Hearsay
An amendment to paragraph (d)(1)(B) is proposed to allow the use of a prior consistent statement to rehabilitate a witness's credibility it is when attacked on a ground other than fabrication or improper influence or motive.
Rule 803 - Exceptions to the Rule Against Hearsay Regardless of Whether the Declarant Is Available as a Witness
Amendments are proposed to paragraphs (6), (7), and (8) to specifically place the burden of showing untrustworthiness of a record on the opponent of admission.
An amendment to paragraph (10) is proposed to require a "notice and demand" procedure in criminal cases if the prosecution intends to introduce evidence by certificate.
D. North Dakota Rules of Court
Rule 2.2 - Facsimile Transmission [Repealed]
An amendment indicating the repeal date of the rule and cross-referencing Rule 3.5 on electronic filing is proposed.
Rule 3.2 - Motions
An amendment to paragraph (a)(3) is proposed to require a party requesting oral argument to secure a time for the argument within 14 days of the request or the request will be waived and the matter considered on the briefs.
An amendment to subdivision (b) is proposed to allow hearings to be conducted using contemporaneous audio or audiovisual transmission by reliable electronic means.
Rule 3.5 - Electronic Filing in District Courts
A new paragraph (a)(3) is proposed to provide details of how self-represented litigants and prisoners may file and to specify that self-represented litigants and prisoners who wish to file electronically must use the Odyssey® system.
A new paragraph (a)(7) is proposed to require parties who electronically file proposed orders to put the filing party's name in the Odyssey® comments field.
An amendment to paragraph (c)(1) is proposed to clarify that a document electronically signed by the court is considered filed when the e-signature is affixed.
Rule 5.4 - Petition for Restoration of Firearms Rights
A new rule is proposed to establish a filing procedure for petitions to restore firearms' rights.
Rule 8.10 - Collaborative Law
A new rule is proposed to establish procedures for the practice of collaborative law in North Dakota.
D. North Dakota Supreme Court Administrative Rules
Rule 41 - Access to Court Records
An amendment to section 3(b)(3) is proposed to clarify that the clerk of court is not required to search within a court record for specific information that may be sought by a requestor.
A new paragraph (b)(12) is proposed in section 5 to exclude from public access party, witness and crime victim contact information gathered and recorded by the court for administrative purposes.