SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Civil Procedure
Rule 3 - Commencing an Action
An amendment to the Rule 3 explanatory note is proposed to clarify that an action is not commenced for the purpose of tolling a statute of limitation except as provided in N.D.C.C. § 28-01-38.
Rule 26 - General Provisions Governing Discovery
Amendments to Rule 26 are proposed to remove a reference to filing documents in a sealed paper envelope and to specify that the attorney's electronic mail address for electronic service must be included with the attorney signature.
B. North Dakota Rules of Criminal Procedure
Rule 43 - Defendant's Presence
Amendments to Rule 43 are proposed to allow a defendant to be present by interactive television, telephone, or other reliable electronic means and to allow a represented defendant in a felony case to waive presence at the preliminary hearing by submitting a not guilty plea in writing.
C. North Dakota Rules of Court
Rule 10.1 - Conduct in Court
Amendments are proposed to update Rule 10.1's prohibition on the use of electronic devices to photograph or record court proceedings, absent prior permission from the court.
Rule 11.2 - Withdrawal of Attorneys
Amendments are proposed to Rule 11.2 to require an attorney, when notice of withdrawal cannot be delivered, to submit an affidavit regarding the efforts made to provide notice.
D. North Dakota Supreme Court Administrative Rules
Rule 13 - Judicial Referees
Amendments are proposed to Rule 13 to allow a presiding judge to authorize a judicial referee to preside in emergency guardianship proceedings and to eliminate district judge review of the referee's findings and order.
Rule 41 - Access to Court Records
An amendment is proposed to Rule 41 to clarify that the restriction on public access to documents in domestic violence protection order and disorderly conduct restraining order cases is limited to cases that were decided summarily.
Rule 52 - Interactive Television
Amendments are proposed to Rule 52 to extend the rule to cover proceedings conducted by interactive television, telephone, or other reliable electronic means.