TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 12, 2017
RE: Rule 6, N.D.R.Civ.P., Computing and Extending Time; Time for Motion Papers; Rule 45, N.D.R.Crim.P., Computing and Extending Time; Rule 26, N.D.R.App.P., Computing and Extending Time
At the January meeting, the committee approved proposed amendments to these rules relating to the definition of "legal holiday." Under the proposed amendments, N.D.C.C. ch. 1-03, rather than any specific sections of the chapter, is referenced in the rule text. In the January discussion, the Chair and Mr. Schultz both commented that referring to the whole chapter could cause confusion, given that 11 sections in the chapter refer to commemorative days rather than legal holidays. Based on these concerns, staff redrafted the proposals to replace "N.D.C.C. ch. 1-03" with "N.D.C.C. §§ 1-03-01, 1-03-02 and 1-03-02.1." These are the sections that are specifically applicable to defining "legal holiday."
In December 2016, amendments to Fed.R.Civ.P. 6, Fed.Crim.P. 45, and Fed.R.App.P. 26 took effect. Under these amendments, the "three day rule" no longer applies to documents served electronically. The federal courts adopted these amendments because, now that electronic service is well-established, it no longer makes sense to include that method of service among the types of service that trigger application of the three-day rule. The federal commentary discussing the rationale behind the amendments is attached.
Rule 6, Rule 45 and Rule 26 are based on the federal rules. The Supreme Court attempts to keep our federally based rules consistent with their federal counterparts (when practicable) in part so that federal court interpretations of their rules can assist courts and attorneys in interpreting our own rules. Proposed amendments to Rule 6, Rule 45 and Rule 26 consistent with the federal amendments are included in the attached proposals.