TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 15, 2017
RE: Rule 3, N.D.R.App.P., Appeal as of Right - How Taken
Justice Crothers has requested that the committee discuss whether Rule 3 should be amended to require a preliminary statement of issues in all appeals. Justice Crothers said that the rule had been amended in 2014 to require a preliminary statement of issues in civil and post conviction relief cases and that this had been working well.
Justice Crothers said that the committee may also wish to discuss whether parties should be required to submit a final statement of issues with the notice of appeal, rather than just a preliminary statement. Justice Crothers said that a mechanism for parties to seek leave to amend the statement of issues would need to be included if this option was taken.
Proposed amendments to Rule 3 requiring a preliminary statement of issues in all appeals are attached.