TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 40, N.D.R.Civ.P., Assignment of Cases for Trial
Staff has prepared amendments to Rule 40 based on the time computation amendments made to the federal rules. The principal simplifying innovation is to count all days, including intermediate weekends and holidays, in computing time periods under the procedural rules. Under the previous rules, intermediate weekends and holidays were omitted when computing short periods but included when computing longer periods. Under the amended rules, intermediate weekends and holidays are counted regardless of the length of the specified period.
To further simplify time-counting, the federal advisory committees proposed changing most periods of less than 30 days to multiples of 7 days. The advisory committees adopted 7, 14, 21, and 28-day periods when possible, so that deadlines will usually fall on weekdays.
In subdivision (d), lines 12, 15, the time period for requesting a continuance was increased from 10 days after receiving notice of trial to 14 days.
The proposed amendments to Rule 40 are attached. The proposed amendments are highlighted.