Procedural rule amendments effective March 1 Monday, March 1, 2021
A. North Dakota Rules of Civil Procedure
Amended to clarify that the responsibility of adding the state to the title belongs to the first party filing a pleading after the state becomes a party in interest.
Rule 62 - Stay of Proceedings to Enforce a Judgment
Amended to increase the time of the automatic stay from 14 to 30 days and to expand the circumstances under which a stay by bond may be obtained.
The following rules were amended to delete the term “affidavit” and to replace it with “declaration.”
Rule 4 - Persons Subject to Jurisdiction; Process; Service
Rule 5 - Service and Filing of Pleadings and Other Papers
Rule 55 - Default; Default Judgment
Rule 59 - New Trial; Amending a Judgment
B. North Dakota Rules of Criminal Procedure
Rule 44 - Right to and Appointment of Counsel
Amended to provide a procedure for the use of limited and joint representation for pretrial release proceedings.
The following rules were amended to delete the term “affidavit” and to replace it with “declaration.”
Rule 4.1 - Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means
Rule 9 - Warrant or Summons upon Indictment or Information
Rule 32.2 - Pretrial Diversion
Rule 46 - Release from Custody
C. North Dakota Rules of Appellate Procedure
Amended to require a party seeking additional briefing or oral argument after a remand to district court to make a specific request to the court.
Amended to require counsel for a criminal defendant to serve a request for voluntary dismissal on the defendant.
The following rules were amended to delete the term “affidavit” and to replace it with “declaration.”
Rule 5 - Post-Judgment Mediation
Rule 8 - Stay or Injunction Pending Appeal
Rule 9 - Release in Criminal Cases
D. North Dakota Rules of Juvenile Procedure
Amended to add N.D.C.C. ch 27-20.1 on guardianship of a child to the scope of the juvenile rules.
Amended to clarify the procedure for submitting a motion and requesting oral argument and to delete the term “affidavit” from the rule and to replace it with “declaration.”
Rule 16 - Modification and Vacation of Orders
Amended to clarify that the court must grant a request for oral argument on a motion.
Amended to allow the Chief Justice to authorize the release of information from juvenile records for research purposes.
The following rule was amended to delete the term “affidavit” and to replace it with “declaration.”
E. North Dakota Rules of Evidence
The following rules were amended to delete the term “affidavit” and to replace it with “declaration.”
Rule 509 - Identity of Informer
Rule 606 - Juror's Competency as a Witness
F. North Dakota Rules of Court
Rule 7.1 - Judgments, Orders and Decrees
Amended to clarify that a party may file and serve a response to proposed findings of fact and conclusions of law.
Rule 8.2 - Interim Orders in Domestic Relations Cases
Amended to provide a procedure for motions for temporary modification of residential responsibility.
Amended to reference Rule 8.2(c) on motions for temporary modification of residential responsibility.
The following rules were amended to delete the term “affidavit” and to replace it with “declaration.”
Rule 3.4 - Privacy Protection for Filings Made with the Court
Rule 3.5 - Electronic Filing in the District Courts
Rule 5.2 - Extraordinary Writs
Rule 8.5 - Domestic Relations Summary Proceeding
Rule 11.2 - Withdrawal of Attorneys
Rule 11.4 - Bonds in Non-Criminal Matters
G. North Dakota Supreme Court Administrative Rules
Rule 52 - Contemporaneous Transmission by Reliable Electronic Means
Amended to allow witness testimony by reliable electronic means in a criminal case when authorized by rule or law.
Amended to allow a court in a judicial emergency to designate an alternative method of conducting court business.
Rule 61 - Collection of Race Data
A new rule is adopted requiring the collection of race data in criminal cases.