Joint Procedure Committee Meeting
Scheduled on Thursday, January 26, 2012 @ 10:00 AM
January 26-27, 2012, Meeting
Bismarck
Web Note
Not all committee documents are available on the Web at this time (because they are not presently available in an electronic format).
The Committee's printed drafts contain line numbers that do not convert to the Web. Some additional formatting may be lost.
Questions or comments may be directed to Staff Attorney Mike Hagburg - MHagburg@ndcourts.gov.
I. Roll Call and Preliminaries
II. Minutes of September 30, 2011, Meeting
III. Old Business
A. Rule 41, N.D. Sup. Ct. Admin. R., Access to Court Records
The Committee will consider whether to draft a motion form for people seeking to limit Internet access to records of dismissed criminal cases and acquittals.
1. Memorandum on Rule 41
2. N.D. Sup. Ct. Admin. R. 41, effective March 1, 2012
B. Rule 24, N.D.R.App.P., Supplemental Brief of Indigent Defendant; Rule 32, N.D.R.App.P, Form of Briefs, Appendices and Other Papers; Rule 40, N.D.R.App.P., Petition for Rehearing
The Committee will consider whether to adopt amendments to Rules 24, 32 and 40 to decrease the number of pages allowed in documents submitted to the Supreme Court.
1. Memorandum on Rules 24, 32 and 40
2. Proposed N.D.R.App.P. 24
3. Proposed N.D.R.App.P. 32
4. Proposed N.D.R.App.P. 40
C. Rule 5.1, N.D.R.Ct., Interstate Depositions and Discovery
The Committee will consider whether to adopt a new rule and cross-references on the issuance of subpoenas for interstate depositions and discovery requests.
1. Memorandum on Rule 5.1
2. E-mail from Mr. Eric Fish
3. Proposed N.D.R.Ct. 5.1
4. Proposed N.D.R.Civ.P. 45
5. Proposed N.D.R.Crim.P. 17
6. Proposed N.D.R.Juv.P. 13
D. Rule 46, N.D.R.Crim.P., Release from Custody
The Committee will consider whether enforcement mechanisms for defendants who breach 24/7 program requirements should be proposed.
1. Memorandum on Rule 46
2. N.D.R.Crim.P. 46
3. Letter from NDACDL
4. S.D. 24/7 program statutes
5. S.D. 24/7 Bail Form and Program Agreement
6. Newspaper Articles on 24/7 program in S.D. and Mont.
E. Rule 58, N.D.R.Civ.P., Entry and Notice of Entry of Judgment; Rule 77, N.D.R.Civ.P., District Courts and Clerks
The Committee will consider changes to Rules 58 and 77 to require court clerks to serve notice of filing of orders and decisions and notice of entry of judgments.
1. Memorandum on Rules 58 and 77
2. Information on court notice practice
3. Proposed N.D.R.Civ.P. 58
4. Proposed N.D.R.Civ.P. 77
5. Proposed N.D.R.App.P. 4
6. Minn.R.Civ.P. 77.04
IV. New Business
A. Rule 8, N.D.R.Civ.P., General Rules of Pleading
The Committee will consider whether to clean up the organization of Rule 8.
1. Memorandum on Rule 8
2 Proposed N.D.R.Civ. P. 8
3. Fed.R.Civ.P. 8
B. Rule 4, N.D.R.Civ.P., Persons Subject to Jurisdiction; Process; Service
The Committee will consider amendments to Rule 4 that would supplement the explanatory note and remove the demand to file complaint procedure.
1. Memorandum on Rule 4
2 Proposed N.D.R.Civ. P. 4
C. Rule 5, N.D.R.Civ.P., Service and Filing of Pleadings and Other Papers
The Committee will consider amendments to Rule 5 that would require parties to provide proof of service prior to filing the summons and complaint and that would incorporate the demand to file complaint procedure.
1. Memorandum on Rule 5
2 Proposed N.D.R.Civ. P. 5
D. Rule 3.1, N.D.R.Ct., Pleadings
The Committee will consider amendments related to the procedure for filing documents.
1. Memorandum on Rule 3.1
2. E-mail from Mr. Brad Beehler
3. Proposed N.D.R.Ct. 3.1
4. N.D.C.C. § 29-15-21
E. Rule 26, N.D.R.Civ.P., General Provisions Governing Discovery
The Committee will consider whether to amend Rule 26 to include additional provisions to guide e-discovery.
1. Memorandum on Rule 26
2. Proposed N.D.R.Civ.P. 26
3. Article on e-discovery developments
4. North Carolina e-discovery amendments
F. Rule 33, N.D.R.Civ.P., Interrogatories to Parties
The Committee will consider whether to adopt limits on the number of interrogatories that may be sent to parties.
1. Memorandum on Rule 33
2. Letter from Mr. Dave Peterson
3. Proposed N.D.R.Civ.P. 33
4. Fed.R.Civ.P. 26
5. Fed.R.Civ.P. 33
G. Rule 4.1, N.D.R.Crim.P., Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means
The Committee will consider whether to adopt a new rule allowing complaints, warrants and summonses to be issued on electronic communication.
1. Memorandum on Rule 4.1
2. Proposed N.D.R.Crim.P. 4.1
3. New Fed.R.Civ.P. 4.1 and commentary
4. Proposed N.D.R.Crim.P. 3
5. Proposed N.D.R.Crim.P. 4
6. Proposed N.D.R.Crim.P. 9
7. Proposed N.D.R.Crim.P. 41
H. Form and Style Revisions to the Rules of Evidence
The Committee will consider form and style revisions to the Rules of Evidence.
1. Memorandum on Proposed Revisions to the Evidence Rules
2. Federal Memorandum on Evidence Rule Revisions
3. Proposed N.D.R.Ev. 102
4. Fed.R.Ev. 102
5. Proposed N.D.R.Ev. 103
6. Fed.R.Ev. 103
7. Explanatory Note to 2000 Fed.R.Ev. 103 Amendment
8. Proposed N.D.R.Ev. 104
9. Fed.R.Ev. 104
10. Proposed N.D.R.Ev. 105
11. Fed.R.Ev. 105
12. Proposed N.D.R.Ev. 106
13. Fed.R.Ev. 106
14. Proposed N.D.R.Ev. 201
15. Fed.R.Ev. 201
16. Proposed N.D.R.Ev. 301
17. Fed.R.Ev. 301
18. Proposed N.D.R.Ev. 302
19. Fed.R.Ev. 302
20. Proposed N.D.R.Ev. 303
21. N.D.C.C. § 12.1-01-03