TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 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
Chief Deputy Supreme Court Clerk Petra Hulm has identified a problem with the "legal holiday" language in Rule 26 and by extension, in Rule 6 and Rule 45.
Rule 26(a)(6) provides: "As used in this rule, "legal holiday" means a day specified as a holiday in N.D.C.C. § 1-03-01." Similarly, Rule 45(a)(6) provides in part that "As used in this rule, "legal holiday" means: (A) a specific day set aside as a holiday under N.D.C.C. § 1-03-01 . . . ." On the other hand, while Rule 6 uses the term "legal holiday" in the rule text, if does not define it except for an explanatory note comment stating: "Legal holidays in North Dakota are listed in N.D.C.C. ch. 1-03."
Aside from the inconsistency in language, the problem is that N.D.C.C. § 1-03-01 merely lists designated legal holidays. A Monday or Friday holiday created by a designated holiday on a weekend would not be covered in this section but in N.D.C.C. § 1-03-02 or 02.1. Therefore, Ms. Hulm suggested that referring to ch. 1-03 in the rule would be better than referring to a specific section. A copy of N.D.C.C. ch. 1-03 is attached.
Proposed amendments to Rules 6, 45 and 26 are attached. The amendments would make the legal holiday language in these rules consistent using the language in Rule 45 as a model. Here is the proposed language from Rule 4:
"(6) "Legal Holiday" Defined. As used in this rule, "legal holiday" means:
(A) a day set aside as a holiday under N.D.C.C. ch. 1-03; or
(B) any day declared a public holiday by the President of the United States or the Governor of North Dakota."