Joint Procedure Committee Meeting

Scheduled on Thursday, January 28, 2010 @ 10:00 AM

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AGENDA

Page

I. Roll Call and Preliminaries

II. Minutes of September 24-25, 2009, Meeting

III. Old Business

A. Rule 44, N.D.R.Civ.P., Proof of Official Record

The Committee will consider whether to make form and style revisions to Rule 44 consistent with federal amendments. The Committee will also discuss the similarity between Rule 44 and N.D.R.Ev. 902 and whether Rule 44 is still needed.

1. Memorandum on Rule 44 
2. Memorandum Prepared for the Advisory Committee on the Federal Rules of Evidence about Fed.R.Civ.P. 44 and Fed.R.Evid. 902 
3. Proposed N.D.R.Civ.P. 44 
4. Form and Style Amendments to Fed.R.Civ.P. 44

B. Rule 47, N.D.R.Civ.P., Selection of Jurors

The Committee will discuss the term “venire” as it is used in subdivision (a) of the rule, and whether it should be replaced with a different term.

1. Memorandum on Rule 47 
2. N.D.R.Civ.P. 47, as amended by the Committee at its September meeting 
3. N.D.R.Crim.P. 24

IV. New Business

A. Rule 8.2, N.D.R.Ct., Interim Orders in Domestic Relations Cases

The Committee will discuss a letter from attorney Tom Slorby regarding his comments on Rule 8.2(e).

1. Memorandum on Rule 8.2 
2. Letter from Tom Slorby 
3. N.D.R.Ct. 8.2

B. Rule 707, N.D.R.Ev., Analytical Report Admission; Confrontation

The Committee will discuss the new evidence rule regarding the admission of analytical reports in response to the United States Supreme Court's decision in Melendez-Diaz v. Massachusetts.

1. Memorandum on Rule 707 
2. Order of Adoption 
3. N.D.R.Ev. 707

C. Federal Time-Computation Project

The Committee will discuss the amendments to the federal rules about the method of computing time. The Committee will consider whether similar changes should be made to the North Dakota Rules.

1. Memorandum on Federal Time-Computation Project 
2. Changes to the Federal Rules

D. 2009 Federal Rules Amendments

The Committee will discuss the amendments to the federal rules that became effective on December 1, 2009. The Committee will consider whether similar changes should be made to the North Dakota Rules.

1. Memorandum on 2009 Federal Rules Amendments 
2. Changes to the Federal Rules

E. Rule 57, N.D.R.Civ.P., Declaratory Judgment

The Committee will consider whether to make form and style revisions to Rule 57 consistent with federal amendments.

1. Memorandum on Rule 57 
2. Proposed N.D.R.Civ.P. 57 
3. Form and Style Amendments to Fed.R.Civ.P. 57

F. Rule 58, N.D.R.Civ.P., Judgment; Costs

The Committee will consider whether to make form and style revisions to Rule 58 consistent with federal amendments.

1. Memorandum on Rule 58 
2. Proposed N.D.R.Civ.P. 58 
3. Form and Style Amendments to Fed.R.Civ.P. 58

G. Rule 59, N.D.R.Civ.P., New Trial; Amending a Judgment

The Committee will consider whether to make form and style revisions to Rule 59 consistent with federal amendments.

1. Memorandum on Rule 59 
2. Proposed N.D.R.Civ.P. 59 
3. Form and Style Amendments to Fed.R.Civ.P. 59

H. Rule 60, N.D.R.Civ.P., Relief From a Judgment or Order

The Committee will consider whether to make form and style revisions to Rule 60 consistent with federal amendments.

1. Memorandum on Rule 60 
2. Proposed N.D.R.Civ.P. 60 
3. Form and Style Amendments to Fed.R.Civ.P. 60

I. Rule 61, N.D.R.Civ.P., Harmless Error

The Committee will consider whether to make form and style revisions to Rule 61 consistent with federal amendments.

1. Memorandum on Rule 61 
2. Proposed N.D.R.Civ.P. 61 
3. Form and Style Amendments to Fed.R.Civ.P. 61

J. Rule 62, N.D.R.Civ.P., Stay of Proceedings to Enforce a Judgment

The Committee will consider whether to make form and style revisions to Rule 62 consistent with federal amendments.

1. Memorandum on Rule 62 
2. Proposed N.D.R.Civ.P. 62 
3. Form and Style Amendments to Fed.R.Civ.P. 62

K. Rule 63, N.D.R.Civ.P., Judge’s Inability to Proceed

The Committee will consider whether to make form and style revisions to Rule 63 consistent with federal amendments.

1. Memorandum on Rule 63 
2. Proposed N.D.R.Civ.P. 63 
3. Form and Style Amendments to Fed.R.Civ.P. 63

L. Rule 64, N.D.R.Civ.P., Seizure of Property

The Committee will consider whether to make form and style revisions to Rule 64 consistent with federal amendments.

1. Memorandum on Rule 64 
2. Proposed N.D.R.Civ.P. 64 
3. Form and Style Amendments to Fed.R.Civ.P. 64

M. Rule 65, N.D.R.Civ.P., Injunctions

The Committee will consider whether to make form and style revisions to Rule 65 consistent with federal amendments.

1. Memorandum on Rule 65 
2. Proposed N.D.R.Civ.P. 65 
3. Form and Style Amendments to Fed.R.Civ.P. 65

N. Rule 66, N.D.R.Civ.P., Receivers Appointed by District Courts

The Committee will consider whether to make form and style revisions to Rule 66 consistent with federal amendments.

1. Memorandum on Rule 66 
2. Proposed N.D.R.Civ.P. 66 
3. Form and Style Amendments to Fed.R.Civ.P. 66<

O. Rule 67, N.D.R.Civ.P., Deposit in Court

The Committee will consider whether to make form and style revisions to Rule 67 consistent with federal amendments.

1. Memorandum on Rule 67 
2. Proposed N.D.R.Civ.P. 67 
3. Form and Style Amendments to Fed.R.Civ.P. 67

P. Rule 68, N.D.R.Civ.P., Offer of Settlement or Confession of Judgment. Tender

The Committee will consider whether to make form and style revisions to Rule 68 consistent with federal amendments.

1. Memorandum on Rule 68 
2. Proposed N.D.R.Civ.P. 68 
3. Form and Style Amendments to Fed.R.Civ.P. 68

Q. Rule 69, N.D.R.Civ.P., Execution

The Committee will consider whether to make form and style revisions to Rule 69 consistent with federal amendments.

1. Memorandum on Rule 69 
2. Proposed N.D.R.Civ.P. 69 
3. Form and Style Amendments to Fed.R.Civ.P. 69

R. Rule 70, N.D.R.Civ.P., Judgment for Specific Acts-Vesting Title

The Committee will consider whether to make form and style revisions to Rule 70 consistent with federal amendments.

1. Memorandum on Rule 70 
2. Proposed N.D.R.Civ.P. 70 
3. Form and Style Amendments to Fed.R.Civ.P. 70

S. Rule 71, N.D.R.Civ.P., Process in Behalf of and Against Persons Not Parties

The Committee will consider whether to make form and style revisions to Rule 71 consistent with federal amendments.

1. Memorandum on Rule 71 
2. Proposed N.D.R.Civ.P. 71 
3. Form and Style Amendments to Fed.R.Civ.P. 71

T. Rule 77, N.D.R.Civ.P., District Courts and Clerks

The Committee will consider whether to make form and style revisions to Rule 77 consistent with federal amendments.

1. Memorandum on Rule 77 
2. Proposed N.D.R.Civ.P. 77 
3. Form and Style Amendments to Fed.R.Civ.P. 77

U. Rule 80, N.D.R.Civ.P., Transcript as Evidence

The Committee will consider whether to make form and style revisions to Rule 80 consistent with federal amendments.

1. Memorandum on Rule 80 
2. Proposed N.D.R.Civ.P. 80 
3. Form and Style Amendments to Fed.R.Civ.P. 80

V. Rule 81, N.D.R.Civ.P., Applicability in General

The Committee will consider whether to make form and style revisions to Rule 81 consistent with federal amendments.

1. Memorandum on Rule 81 
2. Proposed N.D.R.Civ.P. 81 
3. Form and Style Amendments to Fed.R.Civ.P. 81

W. Rule 83, N.D.R.Civ.P., Practice When Procedure Not Specified

The Committee will consider whether to make form and style revisions to Rule 83 consistent with federal amendments.

1. Memorandum on Rule 83 
2. Proposed N.D.R.Civ.P. 83 
3. Form and Style Amendments to Fed.R.Civ.P. 83

X. Rule 84, N.D.R.Civ.P., Appendix of Forms

The Committee will consider whether to make form and style revisions to Rule 84 consistent with federal amendments.

1. Memorandum on Rule 84 
2. Proposed N.D.R.Civ.P. 84 
3. Form and Style Amendments to Fed.R.Civ.P. 84

Y. Rule 86, N.D.R.Civ.P., Effective Date; Statutes Superseded

The Committee will consider whether to make form and style revisions to Rule 86 consistent with federal amendments.

1. Memorandum on Rule 86 
2. Proposed N.D.R.Civ.P. 86 
3. Form and Style Amendments to Fed.R.Civ.P. 86