Joint Procedure Committee Meeting
Scheduled on Thursday, May 21, 2009 @ 11:00 AM
May 21-22, 2009, Meeting
Fargo
Web Note
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Questions or comments may be directed to Staff Attorney Mike Hagburg - MHagburg@ndcourts.gov.
I. Roll Call and Preliminaries
II. Minutes of January 29-30, 2009, Meeting
III. Old Business
A. Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate
The Committee will discuss whether to amend Rule 5 to accommodate the use of uniform citations.
1. Memorandum on Rule 5
2. N.D.R.Crim.P. 5
3. H.B. 1288
4. State v. BethkeB. Rule 43, N.D.R.Crim.P., Defendant's Presence
The Committee will consider whether Rule 43 should be amended to add jury question procedures.
1. Memorandum on Rule 43
2. Proposed N.D.R.Crim.P. 43
3. N.D.C.C. 29-22-05
IV. New Business
A. Proposed Rules of Juvenile Procedure
The Committee will review and discuss the proposed new Rules of Juvenile Procedure.
1. Memorandum on Proposed Rules of Juvenile Procedure
2. Referral Letter from Penny Miller
3. N.D.R.Juv.P. 1 - Scope and Purpose
4. N.D.R.Juv.P. 2 - Hearing Time
5. N.D.R.Juv.P. 3 - Contents of Petition
6. N.D.R.Juv.P. 4 - Interested Persons
7. N.D.R.Juv.P. 5 - Summons
8. N.D.R.Juv.P. 6 - Service of Summons
9. N.D.R.Juv.P. 7 - Service After Summons
10. N.D.R.Juv.P. 8 - Provisional Hearing
11. N.D.R.Juv.P. 9 - Continuance
12. N.D.R.Juv.P. 10 - Presence, Default
13. N.D.R.Juv.P. 11 - Notice of Alibi Defense
14. N.D.R.Juv.P. 12 - Discovery
15. N.D.R.Juv.P. 13 - Subpoena
16. N.D.R.Juv.P. 14 - Motions
17. N.D.R.Juv.P. 15 - Notice
18. N.D.R.Juv.P. 16 - Modification and Vacation of Orders
19. N.D.R.Juv.P. 17 - Juvenile Court Lay Guardian Ad LitemB. Rule 1.1, N.D.R.Ct., Scope; Rule 4.2, N.D.R.Ct., Notice to Interested Parties
The Committee will consider proposed amendments to Rule 1.1 to support the proposed new Rules of Juvenile Procedure and repeal of Rule 4.2 consistent with the new rules.
1. Memorandum on Rule 1.1 and Rule 4.2
2. Proposed N.D.R.Ct. 1.1
3. Proposed N.D.R.Ct. 4.2C. Rule 3.4, N.D.R.Ct, Privacy Protection for Filings Made with the Court; Rule 41, N.D.Sup.Ct.Admin.R., Access to Court Records
The Committee will consider proposed amendments to Rule 3.4 and Rule 41 to respond to questions raised since its recent implementation.
1. Memorandum on Rule 3.4
2. Proposed N.D.R.Ct. 3.4
3. Proposed N.D.Sup.Ct.Admin.R. 41
4. Letter from Joel SkjeiD. Rule 20, N.D.Sup.Ct.Admin.R., Magistrates - Qualifications, Authority, Education and Procedures
The Committee will consider whether Administrative Rule 20 should be amended to make it consistent with the Rules of Criminal Procedure.
1. Memorandum on Administrative Rule 20
2. Proposed N.D.Sup.Ct.Admin.R. 20
3. Referral letter from Penny Miller
4. Letter and email from Judge Joel MeddE. Rule 35, N.D.R.Crim.P., Correcting or Reducing a Sentence
The Committee will consider whether to extend the deadline for sentence reduction action under Rule 35.
1. Memorandum on Rule 35
2. Proposed N.D.R.Crim.P. 35
3. Letter from Judge Douglas Mattson
4. State v. HansonF. Rule 8.12, N.D.R.Ct., Right to Counsel - Termination of Parental Rights
The Committee will consider whether a new Rule 8.12 should be added to the Rules of Court to specify counsel rights in Termination of Parental Rights cases.
1. Memorandum on Rule 8.12
2. Proposed N.D.R.Ct. 8.12
3. N.D.C.C. 14-15-19.1
4. Adoption of J.D.F.G. Parenting Plan Rule Cleanup
The Committee will consider whether to make revisions to the rules consistent with the legislature's elimination of the term "custody" in family law actions.
1. Memorandum on Custody and Parenting
2. N.D.R.Civ.P. 4
3. N.D.R.Ct. 8.2
4. N.D.R.Ct. 8.3
5. N.D.R.Ct. 8.3 Appendix C
6. N.D.R.Ct. 8.3 Appendix D
7. N.D.R.Ct. 8.4
8. N.D.R.Ct. 8.5
9. N.D.R.Ct. 8.6
10. N.D.R.Ct. 8.6 Appendix
11. N.D.R.Ct. 8.7
12. N.D.Sup.Ct.Admin.R. 41 Appendix
13. N.D.Sup.Ct.Admin.O. 17
14. SB 2042H. 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.
1. Memorandum on Rule 44
2. Proposed N.D.R.Civ.P. 44
3. Form and Style Amendments to Fed.R.Civ.P. 44I. Rule 44.1, N.D.R.Civ.P., Determination of Foreign Law
The Committee will consider whether to make form and style revisions to Rule 44.1 consistent with federal amendments.
1. Memorandum on Rule 44.1
2. Proposed N.D.R.Civ.P. 44.1
3. Form and Style Amendments to Fed.R.Civ.P. 44.1J. Rule 46, N.D.R.Civ.P., Exceptions Unnecessary
The Committee will consider whether to make form and style revisions to Rule 46 consistent with federal amendments.
1. Memorandum on Rule 46
2. Proposed N.D.R.Civ.P. 46
3. Form and Style Amendments to Fed.R.Civ.P. 46K. Rule 47, N.D.R.Civ.P., Selection of Jurors
The Committee will consider whether to make form and style revisions to Rule 47 consistent with federal amendments.
1. Memorandum on Rule 47
2. Proposed N.D.R.Civ.P. 47
3. N.D.R.Crim.P. 24
4. Form and Style Amendments to Fed.R.Civ.P. 47L. Rule 48, N.D.R.Civ.P., Number of Jurors Participation in Verdict
The Committee will consider whether to make form and style revisions to Rule 48 consistent with federal amendments.
1. Memorandum on Rule 48
2. Proposed N.D.R.Civ.P. 48
3. N.D. Const. Art. I, Section 13
4. N.D.C.C. 28-14-03.1
5. Form and Style Amendments to Fed.R.Civ.P. 48M. Rule 49, N.D.R.Civ.P., Special Verdicts and Interrogatories
The Committee will consider whether to make form and style revisions to Rule 49 consistent with federal amendments.
1. Memorandum on Rule 49
2. Proposed N.D.R.Civ.P. 49
3. Form and Style Amendments to Fed.R.Civ.P. 49N. Rule 50, N.D.R.Civ.P., Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings
The Committee will consider whether to make form and style revisions to Rule 50 consistent with federal amendments.
1. Memorandum on Rule 50
2. Proposed N.D.R.Civ.P. 50
3. Form and Style Amendments to Fed.R.Civ.P. 50O. Rule 51, N.D.R.Civ.P., Instructions to Jury; Objections; Preserving a Claim of Error
The Committee will consider whether to make form and style revisions to Rule 51 consistent with federal amendments.
1. Memorandum on Rule 51
2. Proposed N.D.R.Civ.P. 51
3. Form and Style Amendments to Fed.R.Civ.P. 51P. Rule 52, N.D.R.Civ.P., Findings by the Court; Judgment on Partial Findings
The Committee will consider whether to make form and style revisions to Rule 52 consistent with federal amendments.
1. Memorandum on Rule 52
2. Proposed N.D.R.Civ.P. 52
3. Form and Style Amendments to Fed.R.Civ.P. 52Q. Rule 53, N.D.R.Civ.P., Masters
The Committee will consider whether to make form and style revisions to Rule 53 consistent with federal amendments.
1. Memorandum on Rule 53
2. Proposed N.D.R.Civ.P. 53
3. Form and Style Amendments to Fed.R.Civ.P. 53