Joint Procedure Committee Meeting

Scheduled on Thursday, April 24, 2014 @ 11:00 AM

Not all committee documents are available on the Web at this time (because they are not presently available in an electronic format). Some formatting may be lost in converting documents for viewing in electronic format.

Questions or comments may be directed to Staff Attorney Mike Hagburg - MHagburg@ndcourts.gov.

I. Roll Call and Preliminaries

II. Minutes of September 26, 2013, Meeting 1

III. Old Business

A. Technology Update

The Committee has forwarded several requests to the Court Technology Committee relating to notice of orders and flagging of emergency motions.

Technology Update Memorandum 32

B. Rule 8.10, N.D.R.Ct., Collaborative Law; Rule 513, N.D.R.Ev., Collaborative Law Privilege

The Committee will consider whether a collaborative law rule and a collaborative law privilege rule should be adopted.

1. Memorandum on Rule 8.10 34

2. Proposed N.D.R.Ct. 8.10 35

3. Proposed N.D.R.Ev. 513 37

4. Rejected Draft of N.D.R.Ct. 8.10 (Uniform Collaborative Law Rule) 41

5. Minnesota Collaborative Law Rule 58

C. Rule 13, N.D. Sup. Ct. Admin. R., Judicial Referees

The Committee will consider proposed amendments to Rule 13 relating to additional referee responsibilities and to standard of review of referee actions.

1. Memorandum on Rule 13 60

2. Proposed N.D. Sup. Ct. Admin. R. 13, Alt. A 62

2. Proposed N.D. Sup. Ct. Admin. R. 13, Alt. B 69

3. Benson v. Benson 76

4. Interest of D.Q. 85

5. Committee Minutes Excerpt 95

6. E-mail from Judge Reich 98

7. N.D.C.C. § 30.1-28-10 99

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

The Committee will review the Supreme Court's additional amendments to Rule 707.

1. Memorandum on Rule 707 100

2. N.D.R.Ev. 707 101

3. Committee's Proposed N.D.R.Ev. 707 104

3. E-mail from Pamela Nesvig 107

IV. New Business

A. Rule 43, N.D.R.Crim.P., Defendant's Presence

The Committee will consider proposed amendments to Rule 43 to allow a defendant to enter a "not guilty" plea in writing or by remote means.

1. Memorandum on Rule 43 109

2. Proposed N.D.R.Crim.P. 43 111

3. E-mail from Bruce Quick 116

B. Rule 52, N.D. Sup. Ct. Admin. R., Interactive Television

The Committee will consider proposed amendments to Rule 52 that would expand the rule to cover participation in court proceedings by telephone and other reliable electronic means.

1. Memorandum on Rule 52 117

2. Proposed N.D. Sup. Ct. Admin. R. 52 118

C. Rule 8, N.D.R.Crim.P., Joinder of Offenses or Defendants

The Committee will consider proposed amendments to Rule 8 that require charges against a similar defendant to be consolidated in a single charging document prior to filing.

1. Memorandum on Rule 8 123

2. Proposed N.D.R.Crim.P. 8 124

D. Rule 26, N.D.R.Crim.P., Taking Testimony

The Committee will consider proposed amendments to Rule 26 that would require a colloquy on the record before a defendant can waive the right to testify.

1. Memorandum on Rule 26 127

2. Proposed N.D.R.Crim.P. 26 129

3. State v. Antoine 131

4. State v. Weed 134

E. Rule 33, N.D.R.Crim.P., New Trial

The Committee will consider proposed amendments to Rule 33 that would specifically add "weight of the evidence" as a basis for a new trial motion.

1. Memorandum on Rule 33 146

2. Proposed N.D.R.Crim.P. 33 148

3. Memo from Amy Schutt 153

4. State v. Morstad 156

5. Tenn.R.Crim.P. 33 159

6. Ariz.R.Crim.P. 24.1 161

F. Rule 5, N.D.R.Civ.P., Service and Filing of Pleadings and OtherDocuments

The Committee will consider proposed amendments to Rule 5 that would allow dismissal of civil cases pending for more than one year without being filed.

1. Memorandum on Rule 5 163

2. Proposed N.D.R.Civ.P. 5 164

3. Minn.R.Civ.P. 5.04 176

G. Rule 26, N.D.R.Civ.P., General Provisions Governing Discovery

The Committee will consider proposed amendments to Rule 26 that would delete obsolete language.

1. Memorandum on Rule 26 177

2. Proposed N.D.R.Civ.P. 26 178

3. E-mail from Judge McCullough 193

H. Rule 10.1, N.D.R.Ct., Conduct in Court

The Committee will consider proposed amendments to Rule 10.1 that would update rules restricting the use of electronic technology in the courtroom.

1. Memorandum on Rule 10.1 194

2. Proposed N.D.R.Ct. 10.1 195

3. Proposed amendments to N.D. Sup. Ct. Admin. R. 21 198

4. AP article on phones in courtroom 204

I. Rule 11.2, N.D.R.Ct., Withdrawal of Attorneys

The Committee will consider proposed amendments to Rule 11.2 that would require attorneys to submit an affidavit when a notice of withdrawal is undeliverable.

1. Memorandum on Rule 11.2 206

2. Proposed N.D.R.Ct. 11.2 207

J. Rule 41, N.D. Sup. Ct. Admin. R., Access to Court Records

The Committee will consider proposed amendments to Rule 41 that clarify limits on public access and a new set of forms that would assist people denied access to records.

1. Memorandum on Rule 41 210

2. Proposed N.D. Sup. Ct. Admin. R. 41 211