Joint Procedure Committee Meeting

Scheduled on Thursday, April 29, 2010 @ 11:00 AM

Agenda
April 29-30, 2010, Meeting
Fargo
 


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AGENDA

I. Roll Call and Preliminaries

II. Minutes of January 28-29, 2010, Meeting

III. Old Business

A. Rule 24, N.D.R.Crim.P. 24, Trial Jurors

The Explanatory Note to the rule has been amended to explain the changes made to paragraph (a)(1) at the January meeting.

1. Memorandum on Rule 24 
2. Proposed N.D.R.Crim.P. 24

B. 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

C. Rule 65, N.D.R.Civ.P., Injunctions

The Committee will consider whether to incorporate statutory procedure into Rule 65.

1. Memorandum on Rule 65 
2. Proposed N.D.R.Civ.P. 65 
3. Fed.R.Civ.P. 65 
4. N.D.C.C. Ch. 32-05 
5. N.D.C.C. Ch. 32-06 
6. N.D.C.C. Ch. 34-08

D. 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 
4. N.D.R.Ct 8.1 
5. N.D.C.C. Ch. 32-10

E. 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

IV. New Business

A. Rule 4, N.D.R.Civ.P., Persons Subject to Jurisdiction; Process; Service

The Committee will consider whether to make form and style revisions and time computation amendments to Rule 4 consistent with federal amendments.

1. Memorandum on Rule 4 
2. Proposed N.D.R.Civ.P. 4 
3. Form and Style Amendments to Fed.R.Civ.P. 4

B. Rule 23, N.D.R.Civ.P., Class Actions

The Committee will consider whether to make form and style revisions to Rule 23 consistent with federal amendments.

1. Memorandum on Rule 23 
2. Proposed N.D.R.Civ.P. 23 
3. Form and Style Amendments to Fed.R.Civ.P. 23

C. Rule 39.1, N.D.R.Civ.P., Change in Location of a Hearing, Proceeding, or Trial; Change of Venue

The Committee will consider whether to make form and style revisions and time computation amendments to Rule 39.1.


1. Memorandum on Rule 39.1 
2. Proposed N.D.R.Civ.P. 39.1

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

The Committee will consider whether to make amendments to Rule 8.2(e).


1. Memorandum on Rule 8.2 
2. Proposed N.D.R.Ct. 8.2 
3. Minn. Gen. R. Prac. 303 
4. Letter from Tom Slorby

E. Rule 6, N.D.R.Civ.P., Time

The Committee will consider whether to make time computation amendments to Rule 6 consistent with federal amendments. The Committee will also discuss comments made by attorney Arnold Fleck.

1. Memorandum on Rule 6 
2. Proposed N.D.R.Civ.P. 6 
3. Fed.R.Civ.P. 6 
4. E-mail from Arnold Fleck 
5. N.D. Sup. Ct. Admin. Order 16 
6. N.D.R.Civ.P. 5

F. Rule 12, N.D.R.Civ.P., Defenses and Objections

The Committee will consider whether to make time computation amendments to Rule 12 consistent with federal amendments.

1. Memorandum on Rule 12 
2. Proposed N.D.R.Civ.P. 12

G. Rule 14, N.D.R.Civ.P., Third-Party Practice

The Committee will consider whether to make time computation amendments to Rule 14 consistent with federal amendments.

1. Memorandum on Rule 14 
2. Proposed N.D.R.Civ.P. 14

H. Rule 15, N.D.R.Civ.P., Amended and Supplemental Pleadings

The Committee will consider whether to make time computation amendments and other amendments to Rule 15 consistent with federal amendments.

1. Memorandum on Rule 15 
2. Proposed N.D.R.Civ.P. 15 
3. Fed.R.Civ.P. 15

I. Rule 27, N.D.R.Civ.P., Deposition Before Action or Pending Appeal

The Committee will consider whether to make time computation amendments to Rule 27 consistent with federal amendments.

1. Memorandum on Rule 27 
2. Proposed N.D.R.Civ.P. 27

J. Rule 32, N.D.R.Civ.P., Using Depositions in Court Proceedings

The Committee will consider whether to make time computation amendments to Rule 32 consistent with federal amendments.

1. Memorandum on Rule 32 
2. Proposed N.D.R.Civ.P. 32

K. Rule 38, N.D.R.Civ.P., Jury Trial of Right

The Committee will consider whether to make time computation amendments to Rule 38 consistent with federal amendments.

1. Memorandum on Rule 38 
2. Proposed N.D.R.Civ.P. 38

L. Rule 40, N.D.R.Civ.P., Assignment of Cases for Trial

The Committee will consider whether to make time computation amendments to Rule 40 consistent with federal amendments.

1. Memorandum on Rule 40 
2. Proposed N.D.R.Civ.P. 40

M. Rule 50, N.D.R.Civ.P., Judgment as a Matter of Law in Jury Trials

The Committee will consider whether to make time computation amendments to Rule 50 consistent with federal amendments.

1. Memorandum on Rule 50 
2. Proposed N.D.R.Civ.P. 50

N. Rule 52, N.D.R.Civ.P., Findings by the Court

The Committee will consider whether to make time computation amendments to Rule 52 consistent with federal amendments.

1. Memorandum on Rule 52 
2. Proposed N.D.R.Civ.P. 52

O. Rule 53, N.D.R.Civ.P., Masters

The Committee will consider whether to make time computation amendments to Rule 53 consistent with federal amendments.

1. Memorandum on Rule 53 
2. Proposed N.D.R.Civ.P. 53

P. Rule 54, N.D.R.Civ.P., Judgment; Costs

The Committee will consider whether to make time computation amendments to Rule 54 consistent with federal amendments.

1. Memorandum on Rule 54 
2. Proposed N.D.R.Civ.P. 54

Q. Rule 56, N.D.R.Civ.P., Summary Judgment

The Committee will consider whether to make time computation amendments to Rule 56 consistent with federal amendments.

1. Memorandum on Rule 56 
2. Proposed N.D.R.Civ.P. 56 
3. Fed.R.Civ.P. 56

R. Rule 58, N.D.R.Civ.P., Entry and Notice of Entry of Judgment

The Committee will consider whether to make time computation amendments to Rule 58 consistent with federal amendments.

1. Memorandum on Rule 58 
2. Proposed N.D.R.Civ.P. 58

S. Rule 59, N.D.R.Civ.P., New Trials - Amendment of Judgments

The Committee will consider whether to make time computation amendments to Rule 59 consistent with federal amendments.

1. Memorandum on Rule 59 
2. Proposed N.D.R.Civ.P. 59

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

The Committee will consider whether to make time computation amendments to Rule 62 consistent with federal amendments.

1. Memorandum on Rule 62 
2. Proposed N.D.R.Civ.P. 62

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

The Committee will consider whether to make time computation amendments to Rule 68 consistent with federal amendments.

1. Memorandum on Rule 68 
2. Proposed N.D.R.Civ.P. 68

V. Form 1, N.D.R.Civ.P., Summons; Form 17, N.D.R.Civ.P., Summons on Third-Party Complaint

The Committee will consider whether to make time computation amendments to Forms 1 and 17 consistent with federal amendments.

1. Memorandum on Forms 1 and 17 
2. Proposed Form 1 
3. Proposed Form 17

W. Rule 26, N.D.R.App.P., Computing and Extending Time

The Committee will consider whether to make time computation amendments to Rule 26 consistent with federal amendments.

1. Memorandum on Rule 26 
2. Proposed N.D.R.App.P. 26 
3. Fed.R.App.P. 26

X. Rule 2.1, N.D.R.App.P., Mental Health Appeals under Chapter 25-03.1, North Dakota Century Code

The Committee will consider whether to make time computation amendments to Rule 2.1 consistent with federal amendments.

1. Memorandum on Rule 2.1 
2. Proposed N.D.R.App.P. 2.1

Y. Rule 2.2, N.D.R.App.P., Termination of Parental Rights - Expedited Appeals

The Committee will consider whether to make time computation amendments to Rule 2.2 consistent with federal amendments.

1. Memorandum on Rule 2.2 
2. Proposed N.D.R.App.P. 2.2

Z. Rule 4, N.D.R.App.P., Appeal - When Taken

The Committee will consider whether to make time computation amendments and other amendments to Rule 4 consistent with federal amendments.

1. Memorandum on Rule 4 
2. Proposed N.D.R.App.P. 4

AA. Rule 10, N.D.R.App.P., The Record on Appeal

The Committee will consider whether to make time computation amendments to Rule 10 consistent with federal amendments.

1. Memorandum on Rule 10 
2. Proposed N.D.R.App.P. 10

BB. Rule 12, N.D.R.App.P., Docketing the Appeal

The Committee will consider whether to make time computation amendments to Rule 12 consistent with federal amendments.

1. Memorandum on Rule 12 
2. Proposed N.D.R.App.P. 12

CC. Rule 25, N.D.R.App.P., Filing and Service

The Committee will consider whether to make time computation amendments to Rule 25 consistent with federal amendments.

1. Memorandum on Rule 25 
2. Proposed N.D.R.App.P. 25

DD. Rule 27, N.D.R.App.P., Motions

The Committee will consider whether to make time computation amendments to Rule 27 consistent with federal amendments.

1. Memorandum on Rule 27 
2. Proposed N.D.R.App.P. 27

EE. Rule 28, N.D.R.App.P., Briefs

The Committee will consider whether to make time computation amendments to Rule 28 consistent with federal amendments.

1. Memorandum on Rule 28 
2. Proposed N.D.R.App.P. 28

FF. Rule 30, N.D.R.App.P., Appendix to the Briefs

The Committee will consider whether to make time computation amendments to Rule 30 consistent with federal amendments.

1. Memorandum on Rule 30 
2. Proposed N.D.R.App.P. 30

GG. Rule 31, N.D.R.App.P., Filing and Service of Briefs

The Committee will consider whether to make time computation amendments to Rule 31 consistent with federal amendments.

1. Memorandum on Rule 31 
2. Proposed N.D.R.App.P. 31

HH. Rule 45, N.D.R.Crim.P., Computing and Extending Time

The Committee will consider whether to make time computation amendments to Rule 45 consistent with federal amendments.

1. Memorandum on Rule 45 
2. Proposed N.D.R.Crim.P. 45 
3. Fed.R.Crim.P. 45

II. Rule 12.1, N.D.R.Crim.P., Notice of Alibi Defense

The Committee will consider whether to make time computation amendments to Rule 12.1 consistent with federal amendments.

1. Memorandum on Rule 12.1 
2. Proposed N.D.R.Crim.P. 12.1

JJ. Rule 26.1, N.D.R.Crim.P., Foreign Law Determination

The Committee will consider whether to make time computation amendments to Rule 26.1 consistent with federal amendments.

1. Memorandum on Rule 26.1 
2. Proposed N.D.R.Crim.P. 26.1

KK. Rule 29, N.D.R.Crim.P., Motion for a Judgment of Acquittal

The Committee will consider whether to make time computation amendments to Rule 29 consistent with federal amendments.

1. Memorandum on Rule 29 
2. Proposed N.D.R.Crim.P. 29

LL. Rule 32, N.D.R.Crim.P., Sentencing and Judgment

The Committee will consider whether to make time computation amendments to Rule 32 consistent with federal amendments.

1. Memorandum on Rule 32 
2. Proposed N.D.R.Crim.P. 32

MM. Rule 33, N.D.R.Crim.P., New Trial

The Committee will consider whether to make time computation amendments to Rule 33 consistent with federal amendments.

1. Memorandum on Rule 33 
2. Proposed N.D.R.Crim.P. 33

NN. Rule 34, N.D.R.Crim.P., Arresting Judgment

The Committee will consider whether to make time computation amendments to Rule 34 consistent with federal amendments.

1. Memorandum on Rule 34 
2. Proposed N.D.R.Crim.P. 34

OO. Rule 37, N.D.R.Crim.P., Appeal as of Right to District Court; How Taken

The Committee will consider whether to make time computation amendments to Rule 37 consistent with federal amendments.

1. Memorandum on Rule 37 
2. Proposed N.D.R.Crim.P. 37

PP. Rule 41, N.D.R.Crim.P., Search and Seizure

The Committee will consider whether to make time computation amendments to Rule 41 consistent with federal amendments.

1. Memorandum on Rule 41 
2. Proposed N.D.R.Crim.P. 41

QQ. Rule 47, N.D.R.Crim.P., Motions

The Committee will consider whether to make time computation amendments to Rule 47 consistent with federal amendments.

1. Memorandum on Rule 47 
2. Proposed N.D.R.Crim.P. 47

RR. Form 10, N.D.R.Crim.P. 41, Search Warrant

The Committee will consider whether to make time computation amendments to Form 10 consistent with federal amendments.

1. Memorandum on Form 10 
2. Proposed Form 10

SS. Rule 3.2, N.D.R.Ct., Motions

The Committee will consider whether to make time computation amendments to Rule 3.2 consistent with federal amendments.

1. Memorandum on Rule 3.2 
2. Proposed N.D.R.Ct. 3.2

TT. Rule 7.1, N.D.R.Ct., Judgments, Orders and Decrees

The Committee will consider whether to make time computation amendments to Rule 7.1 consistent with federal amendments.

1. Memorandum on Rule 7.1 
2. Proposed N.D.R.Ct. 7.1

UU. Rule 8.3, N.D.R.Ct., Case Management (Divorce Cases)

The Committee will consider whether to make time computation amendments to Rule 8.3 consistent with federal amendments.

1. Memorandum on Rule 8.3 
2. Proposed N.D.R.Ct. 8.3

VV. Rule 8.5, N.D.R.Ct., Domestic Relations Summary Proceeding

The Committee will consider whether to make time computation amendments to Rule 8.5 consistent with federal amendments.

1. Memorandum on Rule 8.5 
2. Proposed N.D.R.Ct. 8.5

WW. Rule 8.8, N.D.R.Ct., Alternative Dispute Resolution

The Committee will consider whether to make time computation amendments to Rule 8.8 consistent with federal amendments.

1. Memorandum on Rule 8.8 
2. Proposed N.D.R.Ct. 8.8

XX. Appendix A, N.D.R.Ct., Summons in Action for Divorce or Separation

The Committee will consider whether to make time computation amendments to Appendix A consistent with federal amendments.

1. Memorandum on Appendix A 
2. Proposed N.D.R.Ct. Appendix A

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

The Committee will consider whether to make time computation amendments to Rule 13 consistent with federal amendments.

1. Memorandum on Rule 13 
2. Proposed N.D. Sup. Ct. Admin. R. 13

ZZ. Rule 55, N.D. Sup. Ct. Admin. R., Income Tax Return Setoff for Unpaid Court-ordered Fines, Fees, and Costs

The Committee will consider whether to make time computation amendments to Rule 55 consistent with federal amendments.

1. Memorandum on Rule 55 
2. Proposed N.D. Sup. Ct. Admin. R. 55

AAA. Order 16, N.D. Sup. Ct. Admin., Electronic Filing Pilot Project for the District Courts

The Committee will consider whether to make time computation amendments to Order 16 consistent with federal amendments.

1. Memorandum on Order 16 
2. Proposed N.D. Sup. Ct. Admin. Order 16

BBB. Order 17, N.D. Sup. Ct. Admin., Family Mediation Pilot Project

The Committee will consider whether to make time computation amendments to Order 17 consistent with federal amendments.

1. Memorandum on Order 17 
2. Proposed N.D. Sup. Ct. Admin. Order 17

CCC. Rule 12.1, N.D.R.App.P., Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal

The Committee will consider whether to adopt proposed Rule 12.1 based on the federal rule that was adopted on December 1, 2009.

1. Memorandum on Rule 12.1 
2. Proposed N.D.R.App.P. 12.1 
3. Fed.R.App.P. 12.1

DDD. Rule 13, N.D.R.Civ.P., Counterclaim and Crossclaim

The Committee will consider whether to make amendments to Rule 13 based on December 1, 2009, federal amendments.

1. Memorandum on Rule 13 
2. Proposed N.D.R.Civ.P. 13

EEE. Rule 48, N.D.R.Civ.P., Number of Jurors; Verdict

The Committee will consider whether to make amendments to Rule 48 based on December 1, 2009, federal amendments.

1. Memorandum on Rule 48 
2. Proposed N.D.R.Civ.P. 48

FFF. Rule 62.1, N.D.R.Civ.P., Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal

The Committee will consider whether to adopt proposed Rule 62.1 based on the federal rule that was adopted on December 1, 2009.

1. Memorandum on Rule 62.1 
2. Proposed N.D.R.Civ.P. 62.1 
3. Fed.R.Civ.P. 62.1

GGG. Rule 20, N.D. Sup. Ct. Admin. R., Magistrates; Qualifications, Authority, Education and Procedures

The Committee will consider whether to make amendments to Rule 20 based on a suggestion from the Supreme Court.

1. Memorandum on Rule 20 
2. Proposed N.D. Sup. Ct. Admin. R. 20 
3. Harris v. Harris, 2010 ND 45 
4. N.D. Sup. Ct. Admin. R. 13

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

The Committee will consider whether to make amendments to Rule 707 based on comments received from attorneys.

1. Memorandum on Rule 707 
2. Proposed N.D.R.Ev. 707 
3. Comments from Tom Tuntland 
4. Comments from North Dakota Association of Criminal Defense Lawyers

III. Rule 12, N.D.R.Juv.P., Discovery

The Committee will consider whether to make amendments to Rule 12 base on a suggestion from Cass County Assistant State's Attorney Kim Hegvik.

1. Memorandum on Rule 12 
2. Proposed N.D.R.Juv.P. 12

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

The Committee will discuss comments made by Attorney Tom Dickson regarding Section 5(b)(7).

1. Memorandum on Rule 41 
2. Letter from Tom Dickson 
3. N.D. Sup. Ct. Admin. R. 41