TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 9, 2015
RE: Rule 6, N.D.R.Civ.P., Computing and Extending Time; Time for Motion Papers; Rule 3.2, N.D.R.Ct., Motions
At the January meeting, the committee approved proposed amendments to Rule 6 that would clarify that the hearing mentioned in subdivision (d) is an evidentiary hearing. The committee also approved proposed amendments to Rule 3.2 that would require a party requesting oral argument to secure a time for argument within 14 days or the issue would be decided on the briefs. Because these are significant changes, the committee decided to review them at this meeting.
In the interim, staff drafted an additional proposed change to Rule 3.2 that would replace the references in subdivision (b) to telephonic and interactive television hearings with the Court's new terminology "contemporaneous audio or audiovisual transmission by reliable electronic means." These new changes are highlighted in a new draft of Rule 3.2, which is attached along with the committee's propose Rule 6 draft.