SYNOPSIS OF AMENDMENTS AS ADOPTED
A. North Dakota Rules of Civil Procedure
Rule 5 - Service and Filing of Pleadings and Other Documents
A new paragraph (a)(4) was adopted to specify service methods in proceedings to modify orders relating to spousal support, child support or parental rights and responsibilities.
Rule 6 - Computing and Extending Time; Time for Motion Papers
An amendment to paragraph (d)(1) was adopted to clarify that, if an evidentiary hearing is requested, a written motion and notice of motion must be served 21 days before the time specified for the hearing.
Rule 33 - Interrogatories to Parties
An amendment to paragraph (a)(3) was adopted to define when a subpart of an interrogatory does not constitute a separate interrogatory.
B. North Dakota Rules of Criminal Procedure
Rule 3 - The Complaint
Subdivision (c) was amended to require a dismissal to be stated on the amended complaint if the prosecuting attorney chooses not to pursue charges raised in the initial complaint.
Rule 5 - Initial Appearance Before the Magistrate
An amendment to paragraph (b)(2) was adopted to require that the defendant in a felony case be informed at the initial appearance of the right of a defendant who is not a U.S. citizen to request that a consular officer be informed of the defendant's arrest.
An amendment to subdivision (d) was adopted to allow the use of contemporaneous audio or audiovisual transmission by reliable electronic means to conduct initial proceedings.
Subdivision (e) was amended to require the prosecuting attorney to file a written dismissal if the prosecuting attorney decides not to pursue a charge filed with the court on a uniform complaint and summons.
Rule 5.1 - Preliminary Examination
Subdivision (b) was amended to require the magistrate to dismiss the charge if the defendant is discharged.
Rule 7 - The Indictment and the Information
Subdivision (e) was amended to require a dismissal to be stated on the amended information if the prosecuting attorney chooses not to pursue charges raised in the initial complaint.
Rule 10 - Arraignment
An amendment to subdivision (b) was adopted to allow the use of contemporaneous audio or audiovisual transmission by reliable electronic means to conduct the arraignment
Rule 11 - Pleas
A new subparagraph (b)(1)(J) was adopted to require the court to advise a defendant, before the court accepts a plea of guilty, that a conviction may cause immigration consequences.
Rule 12 - Pleadings and Pretrial Motions
Amendments to subdivision (b) were adopted to provide specific guidance for pretrial motions. Amendments to paragraph (b)(2) allow lack of jurisdiction to be raised at any time the case is pending. Amendments to paragraph (b)(3) provide a list of specific motions that must be made pretrial if the basis for the motion is then reasonably available and the motion can be determined without a trial on the merits.
Amendments to subdivision (c) were adopted to govern both the deadline for making pretrial motions and the consequences of failing to meet the deadline. Amendments to paragraph (c)(1) explain how the deadline for pretrial motions is set. New paragraph (c)(2) specifically allows the court discretion to reset motion deadlines. New paragraph (c)(3) explains the treatment of untimely motions.
Rule 15 - Depositions
A new paragraph (f)(4) was adopted to allow a deposition to be taken outside the United States without the defendant's presence under certain specified circumstances.
Rule 20 - Transfer from the County for Plea and Sentence
Amendments to subdivisions (b) and (c) were adopted to require electronic transfer of case files.
Rule 21 - Transfer from the County for Trial
Paragraph (d)(1) on file transfers and former subdivision (e) on transfer of records were deleted.
Rule 34 - Arresting Judgment
An amendment to subdivision (a) was adopted to recognize only one ground for a motion to arrest judgment: that the court is without jurisdiction of the offense charged.
C. North Dakota Rules of Evidence
Rule 801 - Definitions That Apply to this Article; Exclusions from Hearsay
An amendment to paragraph (d)(1)(B) was adopted to allow the use of a prior consistent statement to rehabilitate a witness's credibility when attacked on a ground other than fabrication or improper influence or motive.
Rule 803 - Exceptions to the Rule Against Hearsay Regardless of Whether the Declarant Is Available as a Witness
Amendments were adopted to paragraphs (6), (7), and (8) to specifically place the burden of showing untrustworthiness of a record on the opponent of admission.
An amendment to paragraph (10) was adopted to require a "notice and demand" procedure in criminal cases if the prosecution intends to introduce evidence by certificate.
D. North Dakota Rules of Court
Rule 2.2 - Facsimile Transmission [Repealed]
An amendment indicating the repeal date of the rule and cross-referencing Rule 3.5 on electronic filing was adopted.
Rule 3.2 - Motions
Amendments to paragraph (a)(3) were adopted to require a party requesting oral argument to secure a time for the argument within 14 days of the request or the request will be waived and the matter considered on the briefs and to require that, if an evidentiary hearing is requested, notice must be given 21 days before the time specified for the hearing.
An amendment to subdivision (b) was adopted to allow hearings to be conducted using contemporaneous audio or audiovisual transmission by reliable electronic means.
Rule 3.5 - Electronic Filing in District Courts
A new paragraph (a)(3) was adopted to provide details of how self-represented litigants and prisoners may file and to specify that self-represented litigants and prisoners who wish to file electronically must use the Odyssey® system.
A new paragraph (a)(7) was adopted to require parties who electronically file proposed orders to identify the filing party in the Odyssey® comments field.
An amendment to paragraph (c)(1) was adopted to clarify that a document electronically signed by the court is considered filed when the e-signature is affixed.
Rule 5.4 - Petition for Restoration of Firearms Rights
A new rule was adopted to establish a filing procedure for petitions to restore firearms' rights.
D. North Dakota Supreme Court Administrative Rules
Rule 41 - Access to Court Records
An amendment to section 3(b)(3) was adopted to clarify that the clerk of court is not required to search within a court record for specific information that may be sought by a requestor.
A new paragraph (b)(12) was adopted in section 5 to exclude from public access party, witness and crime victim contact information gathered and recorded by the court for administrative purposes.