SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 6 - Computing and Extending Time; Time for Motion Papers
Amendments to Rule 6 are proposed to add language defining "legal holiday"and to remove service by electronic means from the modes of service that allow three added days to act after being served.
Rule 11 - Signing of Pleadings, Motions and Other Papers; Representations to Court; Sanctions
Amendments to Rule 11 are proposed to state that notarization is not generally required for documents filed in civil actions and to provide a method for using unsworn statements made under a penalty or perjury.
Rule 36 - Requests for Admission
Amendments to Rule 36 are proposed to require a person who responds to a request for admission to sign the response document and for an attorney who makes objections to sign the objections.
B. North Dakota Rules of Criminal Procedure
Rule 17 - Subpoena
Amendments to Rule 17 are proposed to clarify that an attorney for a party to a proceeding may issue a subpoena.
Rule 45 - Computing and Extending Time
Amendments to Rule 45 are proposed to clarify the language defining "legal holiday"and to remove service by electronic means from the modes of service that allow three added days to act after being served.
C. North Dakota Rules of Appellate Procedure
Rule 4 - Appeal -- When Taken
Amendments to Rule 4 are proposed to clarify that only a motion filed within the time allowed by the North Dakota Rules of Civil Procedure will toll the appeal time.
Rule 26 - Computing and Extending Time
Amendments to Rule 26 are proposed to clarify the language defining "legal holiday"and to remove service by electronic means from the modes of service that allow three added days to act after being served.
Rule 29 - Brief of an Amicus Curiae
Amendments to Rule 29 are proposed to create a procedure for filing an amicus brief supporting or opposing rehearing.
Rule 32 - Form of Briefs, Appendices, and Other Documents
Amendments to Rule 32 are proposed to specify that paragraphs must be numbered using arabic numerals.
D. North Dakota Rules of Juvenile Procedure
Rule 21 - Effective Date; Statutes and Rules Superseded; Title and Citation
Amendments to Rule 21 are proposed to clarify the effective date of amendments to the Rules of Juvenile Procedure and to provide that statutes or rules in conflict with an amendment are superseded.
C. North Dakota Rules of Court
Rule 3.1 - Pleadings
Amendments to Rule 3.1 are proposed to provide that the time of filing is tolled pending resubmission of a stricken document.
Rule 3.5 - Electronic Filing in District Courts
Amendments are proposed to Rule 3.5 to require compliance with the electronic filing guidelines in Appendix K and to require counsel to use the Attorney Subscription Management System.
Rule 8.3.1 - Case Management (Determination of Parental Rights or Change of Residential Responsibility)
A new Rule 8.3.1 is proposed to provide a procedure for case management in non-divorce actions for the determination of parental rights and motions for change of primary residential responsibility.
Appendix C. Rule 8.3 Informational Statement
Amendments are proposed to the Rule 8.3 Informational Statement form to add a question on whether the State of North Dakota is a real party in interest in the case.
Appendix K. Rule 3.5 Electronic Filing Requirements
A new Appendix K is proposed to list filing requirements for electronic documents submitted under Rule 3.5.
Appendix L. Rule 8.3.1 Informational Statement
A new Appendix L is proposed to provide an Informational Statement form to be used in proceedings conducted under new Rule 8.3.1.
Appendix M. Rule 8.3.1 Scheduling Order
A new Appendix M is proposed to provide a Scheduling Order form to be used in proceedings conducted under new Rule 8.3.1.