Order of Adoption Wednesday, December 2, 1998

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

ORDER OF ADOPTION

Supreme Court No. 980217

Amendments to the North Dakota Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, and Rules of Court

The Joint Procedure Committee filed proposed amendments to Rules 4, 5, 6, 23, 30, 30.1, 31, 43, 45, 51 and 77, of the North Dakota Rules of Civil Procedure, Rules 30, 32, 32.1, 37, 45, 46, 49, and Form 8, of the North Dakota Rules of Criminal Procedure, Rules 3, 4, 8, 25, 26, 36, 42, 45, and 47.1, of the North Dakota Rules of Appellate Procedure, Rules 3.1, 6.9, 6.10, 7.1, 8.2, and 11.2, of the North Dakota Rules of Court and §27-10-01.3 of the North Dakota Century Code. Notice was provided under Section 7, N.D.R.Proc.R., and a hearing was held on the proposed amendments on Tuesday, October 20, 1998, at 1:30 p.m. At that time, any written comments received were also submitted to the Court.

The Court considered the matter, and at the Joint Procedure Committee's request, proposed amendments to §27-10-01.3, North Dakota Century Code, will be submitted to the 1999 Legislature by the Court. The Court considered the amendments to the Rules, and

ORDERED, proposed amendments to Rules 4, 5, 6, 23, 30, 30.1, 31, 43, 45, 51 and 77, of the North Dakota Rules of Civil Procedure, Rules 30, 32, 32.1, 37, 45, 46, 49, and Form 8, of the North Dakota Rules of Criminal Procedure, Rules 3, 4, 8, 25, 26, 36, 42, 45, and 47.1, of the North Dakota Rules of Appellate Procedure, Rules 3.1, 6.9, 7.1, 8.2, and 11.2, of the North Dakota Rules of Court, as further amended, are ADOPTED, effective March 1, 1999.

IT IS FURTHER ORDERED, proposed amendments to Rule 6.10 of the North Dakota Rules of Court, as further amended, are ADOPTED, with Chief Justice Gerald W. VandeWalle and Justice William A. Neumann, dissenting, effective March 1, 1999.

IT IS FURTHER ORDERED, that Source Notes in the North Dakota Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Evidence, Rules of Appellate Procedure. and the North Dakota Rules of Court, be amended to refer to the "Joint Procedure Committee Minutes" instead of the "Procedure Committee Minutes"; that the dates in the appendix of forms to the North Dakota Rules of Civil Procedure, Rules of Criminal Procedure and Rules of Court be amended to refer to "[Month] [Day], [Year]" rather than the present date formats; and, that all citations to rules contained in the "North Dakota Court Rules" publication and the "North Dakota Court Rules Annotated" publication be amended, if necessary, to conform with the citation forms adopted by this Court effective August 1, 1998.

Dated at Bismarck, North Dakota, this 2nd day of December, 1998.

ATTEST:
Penny Miller, Clerk