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Joint Procedure Committee Meeting

Scheduled on Thursday, October 15, 1981 @ 2:00 PM

MINUTES OF MEETING

Joint Procedure Committee

October 15-16, 1981

CALL TO ORDER

The meeting was called to order at 1:00 p.m., October 15, 1981, by Justice Paul M. Sand, Chairman. Justice Sand welcomed two new members of our Committee, Judge Lawrence A. LeClerc and Judge Frank J. Kosanda.

ATTENDANCE

Present

Hon. Eugene A. Burdick
Hon. Frank J. Kosanda
Hon. Lawrence A. LeClerc
Hon. William S. Murray
Hon. Kirk Smith
Mr. William A. Hill
Mr. Ward M. Kirby
Mr. LeRoy A. Loder
Mr. Herbert L. Meschke
Mr. David L. Peterson

Absent

Hon. Gerald G Glaser
Hon. Robert C. Heinley
Hon. James H. O'Keefe
Hon. Robert Vogel
Mr. Leonard L. Bucklin
Mr. Larry Kraft
Mr. James L. Lamb
Mr. Richard A. McKennett
Mr. Russell G. Nerison

APPROVAL OF MINUTES

Mr. Loder MOVED that the minutes of the March 26-27, 1981, meeting, as submitted, be approved. Judge LeClerc seconded the motion. Motion CARRIED.

"LOCAL RULES" FROM EAST CENTRAL JUDICIAL DISTRICT

Judge Kosanda MOVED to postpone further discussion of this matter until the next meeting, at which time discussion materials and a comprehensive report from the East Central Judicial District will be submitted. Judge Murray seconded the motion. Motion CARRIED.

RULE 9.1, NDROC

This is to be placed on the agenda for the next meeting of the Joint Procedure Committee.


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RULE 54, NDRCivP

This agenda item will be considered at the next meeting of the Joint Procedure Committee.

RULE 4, NDRCivP

Judge Burdick MOVED to not approve the suggested amendments to Rule 4(b)(2), NDRCivP, in light of May v. Anderson, 345 U.S. 528, 73 S.Ct. 840, 97 L.Ed. 1221 (1953) and State Ex rel. State of Oklahoma v. Griggs, 628 P.2d 791 (Ore.App. 1981). Mr. Hill seconded the motion. Motion CARRIED.

RULE 30, NDRAppP

Judge Burdick MOVED to delete lines 24, 25, 26, 27, and 28 to the period, and insert the following:.

"the appellant shall serve on the appellee a designation of the parts of the record he intends to include in the appendix and a statement of the issues he intends to present for review. The designation must be served not later than 10 days after the transcript is filed, but if a transcript has not been ordered, then not later than 10 days after the record is filed."

Judge Smith seconded the motion. Motion CARRIED.

RULE 30

Appendix to the Briefs

(a) Duty of Appellant To Prepare and File; Contents of Appendix; Time for Filing; Number of Copies. The appellant shall prepare and file a separately bound appendix to the briefs which must contain:

1. a table of contents, with page references;

2. the relevant docket entries in the proceeding below;

3. any relevant portions of the pleadings, charge, findings, or opinion;

4. the judgment, order, or decision in question; and


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5. any other parts of the record, including portions of the transcript, to which the parties wish to direct the particular attention of the court.

The fact that parts of the record are not included in the appendix shall not prevent the parties or the court from relying on those parts.

Unless filing is to be deferred pursuant to the provisions of subdivision (c), the appellant shall serve and file the appendix with his brief. Eight copies of the appendix must be filed with the clerk, and one copy must be served on counsel for each party separately represented, unless the court by rule or order directs otherwise.

(b) Determination of Contents of Appendix; Cost of Producing. The parties are encouraged to agree as to the contents of the appendix. In the absence of written agreement, the appellant shall serve on the appellee a designation of the parts of the record he intends to include in the appendix and a statement of the issues he intends to present for review. The designation must be served not later than 10 days after the transcript is filed, but if a transcript has not been ordered, then not later than 10 days after the record is filed. If the appellee deems it necessary to direct the particular attention of the court to parts of the record not designated by the appellant he shall serve upon the appellant, within 10 days after receipt of the designation, a designation of those parts. If a cross-appeal is filed, the appellee shall serve upon the appellant, within this time period, a statement of the issues he intends to present in the cross-appeal. The appellant shall include in the appendix the parts thus designated. In designating parts of the record for inclusion in the appendix, the parties shall have regard for the fact that the entire record is always available to the court for reference and examination and shall not engage in unnecessary designation.


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Unless the parties otherwise agree, the cost of producing the appendix shall initially be paid by the appellant, but if the appellant considers that parts of the record designated by the appellee for inclusion are unnecessary for the determination of the issues presented he may so advise the appellee and the appellee shall advance the cost of including those parts. The cost of producing the appendix shall be taxed as costs in the case, but if either party shall cause matters to be included in the appendix unnecessarily the court may impose the cost, of producing those parts on the party.

(c) Alternative Method of Designating Contents of the Appendix; How References to the Record May Be Made in the Briefs When Alternative Method is Used. If the court shall so provide by rule for classes of cases or by order in specific cases, preparation of the appendix may be deferred until after the briefs have been filed, and the appendix may be filed 21 days after service of the brief of the appellee. If the preparation and filing of the appendix is thus deferred, the provisions of subdivision (b) shall apply, except that the designations referred to therein shall be made by each party at the time his brief is served, and a statement of the issues presented shall be unnecessary.

If the deferred appendix authorized by this subdivision is employed, references in the briefs to the record may be to the pages of the parts of the record involved, in which event the original paging of each part of the record shall be indicated in the appendix by placing in brackets the number of each page at the place in the appendix where that page begins. Or if a party desires to refer in his brief directly to pages of the appendix, he may serve and file typewritten or page proof copies of his brief within the time required by Rule 31(a), with appropriate references to the pages of the parts of the record involved. In that event, within 14 days after the appendix is filed he shall serve and file copies of the brief in the form prescribed by Rule 32 containing references to the pages of the appendix in


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place of or in addition to the initial references to the pages of the parts of the record involved. No other changes may be made in the brief as initially served and filed, except that typographical errors may be corrected.

(d) Arrangement of the Appendix. At the beginning of the appendix there must be inserted a list of the parts of the record which it contains, in the order in which the parts are set forth therein, with references to the pages of the appendix at which each part begins. The relevant docket entries must be set forth following the list of contents. Thereafter, other parts of the record must be set forth in chronological order. When matter contained in the reporter's transcript of proceedings is set forth in the appendix, the page of the transcript at which that matter may be found must be indicated in brackets immediately before the matter set forth. Omissions in the text of papers or of the transcript must be indicated by 3 spaced periods. Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) should be omitted. A question and its answer may be contained in a single paragraph.

(e) Reproduction of Exhibits. Exhibits designated for inclusion in the appendix may be contained in a separate volume or volumes, suitably indexed. Eight copies must be filed with the appendix and one copy must be served on counsel for each party separately represented.

(f) Hearing of Appeals on the Original Record Without the Necessity of an Appendix. The supreme court may by rule applicable to all cases, or to classes of cases, or by order in specific cases, dispense with the requirement of an appendix and permit appeals to be heard on the original record, with such copies of the record, or relevant parts thereof, as the court requires.


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RULE 7, NDRCrimP

Judge Kosanda MOVED to not adopt the proposed amendments to Rule 7, NDRCrimP, but that the purposes of this amendment be accomplished administratively. Judge LeClerc seconded the motion. Motion CARRIED.

RULES 16 and 26.2, NDRCrimP

Mr. Peterson MOVED to defer action at this time on Rules 16 and 26.2, NDRCrimP, as they relate to Article IV, Uniform Rules of Criminal Procedure. Judge LeClerc seconded the motion. Motion CARRIED.

UNIFORM RULES OF CRIMINAL PROCEDURE

Judge LeClerc urged that an extensive study of Article IV of the Uniform Rules of Criminal Procedure (1974) be made by this Committee.

Judge Murray remarked that the committee should not expand the scope of discovery, but, on the contrary, it should be leaning in the opposite direction.

RULE 17, NDRCrimP

Judge Burdick MOVED that the committee adopt the proposed amendment in lines 12 and 13: After the word "subpoena" in line 12 delete "other than a subpoena to secure the attendance of a witness for deposition". Judge LeClerc seconded the motion. Motion CARRIED.

Judge LeClerc MOVED to defer action on the proposed amendment to Rule 17, NDRCrimP, which would add lines 118 through 122 and read as follows: "(h) Information not subject to subpoena. Statements made by witnesses or prospective witnesses may not be subpoenaed from the prosecution or the defendant under this rule, but shall be subject to production only in accordance with the provisions of Rule 26.2." Judge Burdick seconded the motion. Motion CARRIED.

RULE 17. SUBPOENA

(a) For Attendance of Witnesses and Production of Evidence; Form; Issuance.

(1) Every subpoena shall be issued by the magistrate or the clerk of court, shall state the name of the court and the title of the action, and shall command each person to whom it is


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directed to attend and give testimony at a time and place therein specified. The clerk or magistrate shall issue a subpoena, or a subpoena for the production of documentary evidence or objects, signed but otherwise in blank, to a party requesting it, who shall fill it in before service.

(2) A subpoena or a subpoena for the production of documentary evidence or objects, may also be issued by the attorney for a party to any proceeding in the name of the court in like manner and with the same effect as if issued by the clerk or magistrate. Such subpoena shall be subscribed in the name of the attorney, together with his office address, and shall identify the party for whom he appears.

(b) Defendants Unable to Pay. The court shall order at any time that a subpoena be issued for service on a named witness upon an ex parte application of a defendant upon a satisfactory showing that the defendant is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders a subpoena to be issued, the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in the case of a witness subpoenaed in behalf of the prosecution.

(c) For Production of Documentary Evidence and of Objects. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or other objects therein designated. The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, documents, or objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time they are offered in evidence and may upon their production permit the books, papers, documents, or objects or portions thereof to be inspected by the parties and their attorneys.


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(d) Service.

(1) A subpoena may be served by any peace officer or any other person who is not a party and who is not less than 18 years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to him the fee for one day's attendance and the mileage allowed by law. Fees and mileage need not be tendered to the witness upon service of a subpoena issued in behalf of the prosecution or in behalf of a defendant unable to pay, pursuant to Rule 17(b).

(2) If a defendant to an action shall deposit with the sheriff traveling fees and fees for one day's attendance of any witness, a subpoena for that witness, and a written demand that that witness be served by mail, telegraph, or telephone, the sheriff shall serve and make return of such subpoena by:

(i) Registered or certified return receipt requested mail.

(ii) Telegram to the witness, setting forth the subpoena in full, and the sheriff shall demand from the telegraph company a service message showing the delivery or non-delivery of such telegram and such officer, upon receipt of such message, shall make his return accordingly. Such service message, if it shows delivery, shall be prima facie evidence of such service. Or,

(iii) Reading the subpoena over the telephone to the person to be served and if the person upon whom service is made shall acknowledge his identity over the telephone to the officer making the service, such acknowledgment shall be prima facie evidence of service and the officer shall make his return accordingly.


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A deposit for fees and mileage shall not be required if such fees and mileage are to be paid by this State or any of its political subdivisions. If service is made pursuant to the provisions of this subdivision, the sheriff, in lieu of mileage, per diem, and delivery, shall be reimbursed for the cost of postage, telegrams, or telephone calls. If the witness so served fails to appear, the sheriff shall return the deposit to the party who made the same.

(3) A witness personally served with a subpoena, except when the fees and mileage of such witness are to be paid by this State or any of its political subdivisions, may demand his fee and mileage for one day's attendance at the time the subpoena is served upon him, and if those fees are not paid the witness is not obliged to obey the subpoena. The fact of such demand and nonpayment shall be stated in the return. A witness served with a subpoena by mail, telephone, or telegraph, upon his appearance, may demand and shall receive from the sheriff his fee and mileage for one day's attendance, unless the fees of that witness are to be paid by this State or any of its political subdivisions.

(e) Place of Service.

(1) In North Dakota. A subpoena requiring the attendance of a witness at a hearing or trial may be served anywhere within North Dakota.

(2) Witness from Another State. Service on a witness outside this State shall be made only as provided by law.

(f) For Taking Deposition; Place of Examination.

(1) Issuance. An order to take a deposition authorizes the issuance by


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the clerk of court or a magistrate of subpoenas for the persons named or described therein.

(2) Place. A witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties.

(g) Contempt. Failure by any person be stated in the return. A witness served with a subpoena by mail, telephone, or telegraph, upon his appearance, may demand and shall receive from the sheriff his fee and mileage for one day's attendance, unless the fees of that witness are to be paid by this State or any of its political subdivisions.

(e) Place of Service.

(1) In North Dakota. A subpoena requiring the attendance of a witness at a hearing or trial may be served anywhere within North Dakota.

(2) Witness from Another State. Service on a witness outside this State

shall be made only as provided by law.

(f) For Taking Deposition; Place of Examination.

(1) Issuance. An order to take a deposition authorizes the issuance by the clerk of court or a magistrate of subpoenas for the persons named or described therein.

(2) Place. A witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties.

(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.


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Rule 32, NDRCrimP and RULE 32.1, NDRCrimP

Mr. Hill MOVED that we do not consider adoption of Rule 32.1, NDRCrimP, and that we defer further action on Rule 32, NDRCrimP. Judge LeClerc seconded the motion. Motion CARRIED.

RULE 35, NDRCrimP

Judge LeClerc MOVED the adoption of the proposed amendments to Rule 35, NDRCrimP.

Line 1: Insert "(a) Correction of Sentence."

Line 5: Insert "(b) Reduction of Sentence."

Line 13, after the word "law" insert "Changing a sentence from a sentence of incarceration to a grant of probation constitutes a permissible reduction of sentence under this subdivision."

Judge Smith seconded the motion. Motion CARRIED.

RULE 35

CORRECTION OR REDUCTION OF SENTENCE.

(a) Correction of Sentence. The sentencing court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.

(b) Reduction of Sentence. The sentencing court may reduce a sentence within 120 days after the sentence is imposed, or within 120 days after receipt by that court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or within 120 days after entry of any order or judgment of the Supreme Court of the United States denying review of, or having the effect of upholding a judgment of conviction. The court may also reduce a sentence upon revocation of probation as provided by law. Changing a sentence from a sentence of incarceration to a grant of probation constitutes a permissible reduction of sentence under this subdivision. Relief under this Rule may be granted by the court only upon motion of a party or its own motion and notice to the parties. If the sentencing court grants relief under this Rule, it shall state its reasons therefor in writing.


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RULE 41, NDRCrimP

Judge LeClerc MOVED to adopt the following proposed amendments to Rule 41, NDRCrimP:

Line 4: After the word "property" insert "or person";

Line 12: Insert a semicolon at the end of the line; Insert: "or (4) person for whose arrest there is probable cause, or who is unlawfully restrained."

Line 25: After the word "property" insert "or person to be seized";

Line 39: After the word "property" insert "or person";

Judge Burdick seconded the motion. Motion CARRIED.

RULE 41

SEARCH AND SEIZURE

(a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued by a state or federal magistrate acting within or for the territorial jurisdiction wherein the property or person sought is located or from which it has been removed.

(b) Property or Persons Which May Be Seized With a Warrant. A warrant may be issued under this rule to search for and seize any (1) property that constitutes evidence of the commission of a criminal offense; or (2) contraband, the fruits of crime, or things otherwise criminally possessed; or (3) property designed or intended for use or which is or has been used as the means of committing a criminal offense; or (4) person for whose arrest there is probable cause, or who is unlawfully restrained.

(c) Issuance and Contents.

(1) Warrant Upon Affidavit or Sworn Recorded Testimony. A warrant other than a warrant upon oral testimony under subdivision (c)(2) may issue only on an affidavit or affidavits sworn to or sworn recorded testimony taken before a state or federal magistrate and establishing the grounds for issuing the warrant. If the state or federal magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property or person to be seized and naming or describing with particularity the person or place to be searched. The finding of probable cause may be based upon hearsay


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evidence in whole or in part. Before ruling on a request for a warrant, the state or federal magistrate may require the affiant or other witnesses to appear personally and may examine under oath the affiant and any witnesses he may produce, but proceedings shall be taken down by a court reporter or recording equipment and made part of the proceedings. The warrant shall be directed to a peace officer authorized to enforce or assist in enforcing any law of this state. It shall command the officer to search, within a specified period of time not to exceed 10 days, the person or place named for the property or person specified. The warrant may be served in the daytime, unless the issuing authority, by appropriate provision in the warrant, and for reasonable cause shown, authorizes its execution at times other than daytime. It may designate a state or federal magistrate to whom it shall be returned.

(2) Warrant Upon Remote Communication.

(i) General Rule. If the circumstances make it reasonable to dispense with the requisites of paragraph (1) for the issuance of a warrant, a state or federal magistrate may issue a warrant based upon sworn oral testimony communicated by telephone or other appropriate means.

(ii) Application. The person who is requesting the warrant shall prepare a document to be known as a duplicate original warrant and shall read the duplicate original warrant, verbatim, to the magistrate. The magistrate shall enter, verbatim, what is so read to the magistrate on a document to be known as the original warrant. The magistrate may direct that the warrant be modified.

(iii) Issuance. If the magistrate is satisfied that the circumstances are such as to make it reasonable to dispense with the requisites of paragraph (1) for the issuance of a warrant and that grounds for the application exist or that there is probable cause to believe that they exist, the magistrate shall order the issuance of a warrant by directing the person requesting the warrant


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to sign the magistrate's name on the duplicate original warrant. The magistrate shall immediately sign the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be issued. The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit.

(iv) Recording and Certification of Testimony. If a caller informs the magistrate that the purpose of the call is to request a warrant, the magistrate shall immediately place under oath each person whose testimony forms the basis of the application and each person applying for that warrant. If a voice recording device is available, the magistrate shall record by means of the device all of the call after the caller informs the magistrate that the purpose of the call is to request a warrant. Otherwise a stenographic or longhand verbatim record shall be made. If a voice recording device is used or a stenographic record made, the magistrate shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. If a longhand verbatim record is made, the magistrate shall file a signed copy with the court.

(v) Contents. The contents of a warrant upon oral testimony are the same as the contents of a warrant upon affidavit.

(vi) Additional Rules for Execution. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.

(vii) Motion to Suppress Precluded. Absent a finding of bad faith, evidence obtained pursuant to a warrant issued under this subdivision is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with the requisites of paragraph (1) for the issuance of a warrant.


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(d) Execution and Return With Inventory. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken, if he is present, or, if not present, shall leave the copy and receipt at the place from which the property was taken. The return must be made promptly and must be accompanied by a written inventory of any property taken. The inventory must be made in the presence of the applicant for the warrant.

(e) Motion for Return of Property. A person aggrieved by an unlawful search and seizure may move the trial court for the return of property on the ground that he is entitled to lawful possession of the property illegally seized. The judge shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property must be restored and it is not admissible in evidence at any hearing or trial. If a motion for return of property is made or comes on for hearing in the trial court after an indictment, information, or complaint is filed, it shall be treated also as a motion to suppress under Rule 12.

(f) Motion to Suppress. A motion to suppress evidence may be made in the trial court as provided in Rule 12.

(g) Return of Papers to Clerk. The magistrate before whom the warrant is returned shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk of the trial court.

(h) Scope and Definition. This rule does not modify any act, inconsistent with it, regulating search, seizure and the issuance and execution of search warrants in circumstances for which special provision is made. The term "property" is used in this rule to include documents, books, papers, and other tangible objects. The term "daytime" is used in this rule to mean the hours from 6:00 a.m. to 10:00 p.m., according to local time.

RULE 44, NDRCrimP

Mr. Loder MOVED that we do not adopt the proposed amendments to Rule 44, NDRCrimP. Judge LeClerc seconded the motion. Motion CARRIED.


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RECESS

Mr. Kirby MOVED to recess to 9:00 a.m., Friday, October 16, 1981. Judge Burdick seconded the motion. Motion CARRIED.

CALL TO ORDER

The meeting was called to order at 9:00 a.m., October 16, 1981, by Justice Paul M. Sand, Chairman.

ATTENDANCE

Present

Hon. Eugene A. Burdick

Hon. Frank J. Kosanda

Hon. Lawrence A. LeClerc

Hon. William S. Murray

Hon. Kirk Smith

Mr. William A. Hill

Mr. Larry Kraft

Mr. Ward M. Kirby

Mr. LeRoy A. Loder

Mr. Herbert L. Meschke

Mr. David L. Peterson

Absent

Hon. Gerald G. Glaser

Hon. Robert C. Heinley

Hon. James H. O'Keefe

Hon. Robert Vogel

Mr. Leonard L. Bucklin

Mr. James L. Lamb

Mr. Richard A. McKennett

Mr. Russell G. Nerison

DISCOVERY AND INTERROGATORIES

Judge Burdick MOVED to have the staff attorney conduct a survey on abuses of the discovery process, and to have the results of this survey for the next meeting of the Committee for consideration. The questions are to be formulated by the staff attorney with consultation with the Chairman. Judge Kosanda and Judge Murray seconded the motion. Motion CARRIED.

NEXT MEETING

The next meeting of the Joint Procedure Committee will be held at January 14 and 15, 1982, the meeting to commence at 9:00 a.m. on Thursday, January 14, and continue until 2:00 p.m. on Friday, January 15.

UNAUTHORIZED REPRODUCTIONS

The matter of unauthorized reproductions was discussed. Mr. Loder MOVED that we take no action at this time. Judge LeClerc seconded the motion. Motion CARRIED.


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RULE 4(d), NDRCivP

Judge Burdick MOVED that the staff attorney develop a proposed amendment to Rule 4(d), NDRCivP, and research the law regarding the service of process by mail within the State and how it relates to service by publication. Mr. Hill seconded the motion. Motion CARRIED.

RECESS

The committee recessed for lunch.

CALL TO ORDER

The meeting was called to order at 12:30 p.m. by Justice Sand, Chairman.

ATTENDANCE

Hon. Eugene A. Burdick

Hon. Lawrence A. LeClerc

Hon. William S. Murray

Hon. Kirk Smith

Mr. William A. Hill

Mr. Larry Kraft

Mr. LeRoy A. Loder

UNIFORM RULES OF CRIMINAL PROCEDURE (1974)

Judge Smith MOVED that the Uniform Rules of Criminal Procedure be discussed as a whole to decide which way this committee shall proceed. The staff attorney is directed to prepare parallel tables comparing the North Dakota Rules of Criminal Procedure with the Uniform Rules of Criminal Procedure. Mr. Peterson seconded the motion. Motion CARRIED.

Judge Kosanda MOVED that a resolution commending Mr. Keith Magnusson on his work for the Committee be drafted and presented to Mr. Magnusson. Judge LeClerc seconded the motion, which motion was unanimously CARRIED.

ADJOURNMENT

The meeting of the Joint Procedure Committee was adjourned to January 14, 1982, at 9:00 a.m.

________________________________
Secretary