Rule amendments effective March 1 Wednesday, March 1, 2023

Amendments to the Rules of Civil Procedure, Criminal Procedure, Appellate Procedure, Juvenile Procedure, Evidence and the Administrative Rules take effect March 1, 2023.

Amendments to Civil Procedure Rule 62 on stays to enforce a judgment will provide for a stay of execution on a default judgment and proceedings to enforce it until 30 days have passed after its entry. 

Criminal Procedure Rule 43 on defendant’s presence will be amended to allow a represented defendant in a Class C felony case to waive presence for entry of a guilty plea or sentencing. Meanwhile, Rule 11 on pleas will be amended to allow waiver of a defendant’s in-person acknowledgment when the court has approved waiver of the defendant’s presence under Rule 43(b).

The Appendix “A” form setting out conditions for sentence to probation, deferred or suspended sentence will be amended to simplify the language and organization of the form.

Amendments to Appellate Procedure Rule 5 on post-judgment mediation will require the mediation decision summary to be filed with the Supreme Court in all cases.

Juvenile Procedure Rule 14 on motions and Rule 16 on modification and vacation of orders will be amended to replace the term “oral argument” with “hearing” and to require the hearing request to indicate whether the hearing is being sought for presenting evidence, oral argument, or both.

Amendments to Evidence Rule 412 on the victim’s sexual behavior or predisposition in a sex-offense case will require the court in a criminal case to find on the record an overriding interest for courtroom closure before conducting an in camera hearing in chambers or a closed courtroom.

Administrative Rule 39 on recording district court trials and proceedings will be amended to clarify responsibilities for recording trials and proceedings and preserving the record while Rule 40 on access to recordings will be amended to explain how recordings of trials and proceedings may be obtained and to incorporate content from Trial Court Administration Policy 503 related to audio recordings.

Lastly, an explanatory note will be added to Section 1 of Administrative Rule 41 on access to court records. The note will clarify that Attorney General opinions are instructive, but not binding on the judicial system.