Joint Procedure Committee Meeting

Scheduled on Thursday, September 24, 2009 @ 11:00 AM

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AGENDA

Page

I. Roll Call and Preliminaries

II. Minutes of May 21-22, 2009, Meeting

III. Old Business

A. Annual Rules Package

The Committee will review proposed rule amendments submitted to the Supreme Court.

1. Memorandum on Annual Rules Package

2. Synopsis of Proposed Rule Amendments

B. Introduction of Visiting District Court Clerks

The Committee will be addressed by district court clerks. The clerks will share their thoughts on N.D.R.Ct. 3.4 and N.D.Sup.Ct.Admin.R. 41.

C. 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 Rules 3.4 and 41

2. Proposed N.D.R.Ct. 3.4

3. Proposed N.D.Sup.Ct.Admin.R. 41

4. Proposed Appendix H Confidential Information Form

5. Minn. Gen. R. Prac. 11

6. Minnesota Form 11.1 Confidential Information Form

7. Advisory Committee Notes to Fed.R.Civ.P. 5.2

D. Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate

The Committee will review proposed rule amendments made by the Supreme Court.

1. Memorandum on Rule 5

2. Joint Procedure Committee's Proposed N.D.R.Crim.P. 5

3. Supreme Court's Proposed N.D.R.Crim.P. 5

E. Proposed Rules of Juvenile Procedure

The Committee will be updated on the status of the proposed Rules of Juvenile Procedure.

1. Memorandum on Proposed Rules of Juvenile Procedure

IV. New Business

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

The Committee will consider proposed amendments to Rule 8.2 to provide a mandatory hearing within 30 days on the issuance of an ex parte interim order.

1. Memorandum on Rule 8.2

2. Proposed N.D.R.Ct. 8.2

B. Rule 28, N.D.R.App.P., Briefs

The Committee will consider proposed amendments to Rule 28 to require a party to brief the appropriateness of a district court's grant of a certification under N.D.R.Civ.P. 54(b) when the appeal is brought as a result of the certification.

1. Memorandum on Rule 28

2. Proposed N.D.R.App.P. 28

3. Brummund v. Brummund, 2008 ND 224, 758 N.W.2d 735

C. Rule 5, N.D.R.Civ.P., Service and Filing of Pleadings and Other Papers

The Committee will consider whether to make form and style revisions to Rule 5 consistent with federal amendments.

1. Memorandum on Rule 5

2. Proposed N.D.R.Civ.P. 5

3. Form and Style Amendments to Fed.R.Civ.P. 5

D. Rule 11, N.D.R.Civ.P., Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

The Committee will consider whether to make form and style revisions to Rule 11 consistent with federal amendments.

1. Memorandum on Rule 11

2. Proposed N.D.R.Civ.P. 11

3. Form and Style Amendments to Fed.R.Civ.P. 11

E. 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. 44

F. 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. 44.1

G. 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. 46

H. 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. 47

I. 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. 48

J. 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. 49

K. 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. 50

L. 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. 51

M. 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. 52

N. 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

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

The Committee will consider whether to make form and style revisions to Rule 54 consistent with federal amendments.

1. Memorandum on Rule 54

2. Proposed N.D.R.Civ.P. 54

3. Form and Style Amendments to Fed.R.Civ.P. 54

P. Rule 55, N.D.R.Civ.P., Default; Default Judgment

The Committee will consider whether to make form and style revisions to Rule 55 consistent with federal amendments.

1. Memorandum on Rule 55

2. Proposed N.D.R.Civ.P. 55

3. Form and Style Amendments to Fed.R.Civ.P. 55

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

The Committee will consider whether to make form and style revisions to Rule 56 consistent with federal amendments.

1. Memorandum on Rule 56

2. Proposed N.D.R.Civ.P. 56

3. Form and Style Amendments to Fed.R.Civ.P. 56

4. December 1, 2009 Amendments to Fed.R.Civ.P. 56

R. Rule 57, N.D.R.Civ.P., Declaratory Judgment

The Committee will consider whether to make form and style revisions to Rule 57 consistent with federal amendments.

1. Memorandum on Rule 57

2. Proposed N.D.R.Civ.P. 57

3. Form and Style Amendments to Fed.R.Civ.P. 57

S. Rule 58, N.D.R.Civ.P., Judgment; Costs

The Committee will consider whether to make form and style revisions to Rule 58 consistent with federal amendments.

1. Memorandum on Rule 58

2. Proposed N.D.R.Civ.P. 58

3. Form and Style Amendments to Fed.R.Civ.P. 58

T. 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

4. December 1, 2009 Amendments to Fed.R.Civ.P. 59

U. Rule 60, N.D.R.Civ.P., Relief From a Judgment or Order

The Committee will consider whether to make form and style revisions to Rule 60 consistent with federal amendments.

1. Memorandum on Rule 60

2. Proposed N.D.R.Civ.P. 60

3. Form and Style Amendments to Fed.R.Civ.P. 60

V. Rule 61, N.D.R.Civ.P., Harmless Error

The Committee will consider whether to make form and style revisions to Rule 61 consistent with federal amendments.

1. Memorandum on Rule 61

2. Proposed N.D.R.Civ.P. 61

3. Form and Style Amendments to Fed.R.Civ.P. 61

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

The Committee will consider whether to make form and style revisions to Rule 62 consistent with federal amendments.

1. Memorandum on Rule 62

2. Proposed N.D.R.Civ.P. 62

3. Form and Style Amendments to Fed.R.Civ.P. 62

4. December 1, 2009 Amendments to Fed.R.Civ.P. 62

X. Rule 63, N.D.R.Civ.P., Judge's Inability to Proceed

The Committee will consider whether to make form and style revisions to Rule 63 consistent with federal amendments.

1. Memorandum on Rule 63

2. Proposed N.D.R.Civ.P. 63

3. Form and Style Amendments to Fed.R.Civ.P. 63