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Questions or comments may be directed to Staff Attorney Mike Hagburg - .
I. Roll Call and Preliminaries
II. Minutes of September 29-30, 2016, Meeting 1
III. Old Business
A. Rule 4, N.D.R.Civ.P., Persons Subject to Jurisdiction; Process; Service.
The Committee will consider amendments to Rule 4 that would allow service by posting to a website.1. Memorandum on Rule 4 322. Proposed N.D.R.Civ.P. 4 343. Alaska R.Civ.P. 4 574. Article on Alaska System 625. Alaska Website Example Pages 70B. Rule 26, N.D.R.Civ.P., General Provisions Governing Discovery
The Committee will consider whether Rule 26 should be amended to require preliminary disclosures.1. Memorandum on Rule 26 712. Proposed N.D.R.Civ.P. 26 723. Fed.R.Civ.P. 26 904. Comments on proposed amendments 99C. Rule 8.3.1, N.D.R.Ct., Case Management (Determination of Parental Rights or Change of Primary Residential Responsibility)
The Committee will consider whether Rule 8.3.1 should be amended to require expert disclosures.1. Memorandum on Rule 8.3.1 1012. Proposed N.D.R.Ct. 8.3.1 1033. Proposed N.D.R.Ct. 8.3.1 Informational Statement 1054. Proposed N.D.R.Ct. 8.3.1 Scheduling Order 1075. Judge Reich's Proposal 1096. Comments on proposed new rule 113
IV. New Business
A. Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate
The Committee will consider amendments to Rule 5 to require a query on whether the victim received a Marsy's card.1. Memorandum on Rule 5 1192. Proposed N.D.R.Crim.P. 5 1213. Referral Letter from Sally Holewa 1304. N.D. Const. Art. I, § 25 1315. Attorney General Opinion on Marsy's Law 134B. Rule 15, N.D.R.Crim.P., Depositions.
The Committee will consider amendments to Rule 15 to indicate that a victim may refuse a deposition under Marsy's Law.1. Memorandum on Rule 15 1432. Proposed N.D.R.Crim.P. 15 1453. Ariz. Const. Art. 2, § 2.1 1564. Summary of Arizona Case Law 158C. Rule 16, N.D.R.Crim.P., Discovery and Inspection.
The Committee will consider amendments to Rule 16 to indicate that a victim may request nondisclosure of contact information under Marsy's Law.1. Memorandum on Rule 16 1592. Proposed N.D.R.Crim.P. 16 1603. Email from Mike Hoffman 172D. Rule 32, N.D.R.Crim.P., Sentencing and Judgment.
The Committee will consider amendments to Rule 32 to indicate that a victim may have access to the presentence investigation under Marsy's Law.1. Memorandum on Rule 32 1732. Proposed N.D.R.Crim.P. 32 174E. Rule 4, N.D.R.Juv.P., Interested Persons
The Committee will consider amendments to Rule 4 to include victims among the persons who may participate in a juvenile matter.1. Memorandum on Rule 4 1852. Proposed N.D.R.Juv.P. 4 186F. Rule 12.1, N.D.R.Juv.P., Depositions
The Committee will consider amendments to Rule 12.1 to indicate that a victim may refuse a deposition under Marsy's Law.1. Memorandum on Rule 12.1 1882. Proposed N.D.R.Juv.P. 12.1 189G. Rule 19, N.D.R.Juv.P., Juvenile Records
The Committee will consider amendments to Rule 19 to require informing a victim who requests notice of proposed early destruction of juvenile records.1. Memorandum on Rule 19 1942. Proposed N.D.R.Juv.P. 19 195H. Rule 41, N.D. Sup. Ct. Admin. R., Access to Court Records; Rule 3.4, N.D.R.Ct., 3.4, Privacy Protection for Filings Made With the Court.
The Committee will consider amendments to Rule 41 and Rule 3.4 that would require, upon request of a victim, protection of victim contact information.1. Memorandum on Rules 41 and 3.4 1992. Proposed N.D. Sup. Ct. R. 41 2013. Proposed N.D.R.Ct. 3.4 218I. 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
The Committee will consider amendments to Rules 6, 45 and 26 to make the definition of "legal holiday" consistent in these rules.1. Memorandum on Rules 6, 45 and 26 2242. Proposed N.D.R.Civ.P. 6 2263. Proposed N.D.R.Crim.P. 45 2334. Proposed N.D.R.App.P. 26 2395. N.D.C.C. ch. 1-03 244J. Rule 21, N.D.R.Juv.P., Title and Citation
The Committee will consider amendments to Rule 21 to add an effective date provision.1. Memorandum on Rule 21 2472. Proposed N.D.R.Juv.P. 21 248K. Rule 32, N.D.R.App.P., Form of Briefs, Appendices and Other Documents; Rule 3.5, Electronic Filing in District Courts
The Committee will consider amendments to Rules 32 and 3.5 to clarify how paragraphs are to be numbered.1. Memorandum on Rules 32 and 3.5 2502. Proposed N.D.R.App.P. 32 2513. Proposed N.D.R.Ct. 3.5 258