Joint Procedure Committee Meeting

Scheduled on Thursday, March 26, 1981 @ 1:00 PM

MINUTES OF MEETING

Joint Procedure Committee

March 26-27, 1981

CALL TO ORDER

The meeting was called to order at 1:00 p.m., March 26, 1981, by Justice Paul M. Sand, Chairman.

ATTENDANCE

Present

Hon. Eugene A. Burdick
Hon. Robert C. Heinley
Hon. James H. O'Keefe
Mr. William A. Hill
Mr. Larry Kraft

Absent

Hon. Gerald G. Glaser
Hon. Halvor L. Halvorson
Hon. Larry Hatch
Hon. Wm. S. Murray
Hon. Kirk Smith
Hon. Robert Vogel
Mr. Leonard H. Bucklin
Mr. Ward M. Kirby
Mr. James L. Lamb
Mr. LeRoy A. Loder
Mr. Richard A. McKennett
Mr. Herbert L. Meschke
Mr. Russell G. Nerison
Mr. David L. Peterson

APPROVAL OF MINUTES

Judge Burdick MOVED that the minutes of the December 11-12, 1980, as submitted, be approved. Judge Heinley seconded the motion. Motion CARRIED.

RULE 83, NDRCivP

Judge Burdick MOVED that the Supreme Court reconsider its action on Rule 83, NDRCivP, and its explanatory note, so as to make clear that existing local rules heretofore adopted are all abolished or abrogated and that future local rules are to be permitted only in pursuance of the North Dakota Rule on Local Court Rules. Otherwise we have a highly confusing situation. Judge O'Keefe seconded the motion. Motion CARRIED.

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RULE 3. 1, NDROC

Judge Burdick MOVED that Rule 3.1, NDROC, Pleadings, be amended on line 5, as follows:

Delete the word "provided" in insert in lieu thereof "permitted by the court."

Mr. Kraft seconded the motion. Motion CARRIED.

RULE 83, NDRCivP

Judge Burdick MOVED that the Supreme Court reconsider the deletion of the last sentence of the Committee's submission on Rule 83, NDRCivP, and that the following language be restored:

"In all cases not provided for by rule or statute the district court may regulate its practice in any proceeding properly before it in any manner not inconsistent with these rules adopted by the court pursuant to NDLocalCtR or by the Supreme Court or with any applicable statute."

Judge O'Keefe seconded the motion. Motion CARRIED.

Justice Sand reported that the proposed amendments to Rule 83, NDRCivP, as moved by Judge Burdick and seconded by Judge O'Keefe, and the proposed amendments to the explanatory note to Rule 83, NDRCivP, as moved by Judge Burdick and seconded by Judge O'Keefe, and the proposed change to Rule 3.1, NDROC, as moved by Judge Burdick and seconded by Mr. Kraft were adopted by the Supreme Court this 26th day of March, 1981.

RULE 55, NDRCivP

Mr. Hill MOVED that Rule 55, NDRCivP, not be amended. Judge Heinley seconded the motion. Motion CARRIED.

RECESS

The Joint Procedure Committee recessed to 9:00 a.m., Friday, March 27, 1981.

CALL TO ORDER

The meeting was called to order at 9:00 a.m., Friday, March 27, 1981, by Justice Paul M. Sand, Chairman.

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ATTENDANCE

Hon. Eugene A. Burdick

Hon. Gerald G. Glaser

Hon. Robert C. Heinley

Hon. James H. O'Keefe

Mr. William A. Hill

Mr. Larry Kraft

RULES 211 and 212, UNIFORM RULES OF CRIMINAL PROCEDURE

A lengthy discussion was had of these two rules of the Uniform Rules of Criminal Procedure without reaching any conclusion as to their inclusion in our criminal rules.

NEXT MEETING

The next meeting of the Joint Procedure Committee will be held on October 15-16, 1981, commencing at 1:00 p.m. on October 15.

ADJOURNMENT

Judge O'Keefe MOVED that the meeting be adjourned. Judge Heinley seconded the motion. Motion CARRIED.

____________________________
Secretary