Joint Procedure Committee Meeting
Scheduled on Thursday, September 24, 2015 @ 11:00 AM
September 24-25, 2015, Meeting
Bismarck
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 April 23-24, 2015, Meeting 1
III. Old Business
A. Rule 11, N.D.R.Civ.P., Signing of Pleadings, Motions and Other Papers; Representations to Court; Sanctions; Rule 11.2, N.D.R.Ct., Withdrawal of AttorneysThe Committee will consider amendments to Rule 11 and Rule 11.2 requested by the Minority Justice Implementation Committee.
1. Memorandum on Rule 11 and 11.2 302. Proposed N.D.R.Civ.P. 11 323. Proposed N.D.R.Ct. 11.2 394. Neb.R.Prof. Conduct 3-501.2 42B. Rule 8.14, N.D.R.Ct., Termination of Child Support Order
The Committee will review comments to a proposed new rule related to termination of a child support obligation.
1. Memorandum on Rule 8.14 462. Proposed Rule 8.14 483. Referral from Supreme Court 494. Comment from Paulette Oberst 515. Comment from Arnold Fleck 536. Comment from Michael McIntee 55
IV. New Business
A. Rule 3, N.D.R.Crim.P., The Complaint; Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate; Rule 5.1, N.D.R.Crim.P., Preliminary ExaminationThe Committee will consider amendments to Rules 3, 5 and 5.1 relating to dismissal of criminal charges.
1. Memorandum on proposed dismissal amendments 572. Proposed N.D.R.Crim.P. 3 593. Proposed N.D.R.Crim.P. 5 624. Proposed N.D.R.Crim.P. 5.1 715. N.D.Sup.Ct.Admin.R. 41 746. Letter from Sally Holewa 907. E-mail from Mark Friese 91B. Rule 23.1, N.D.R.Crim.P., Jury Expenses
The Committee will consider amendments to the rule on jury expenses to allow taxing of jury expenses when the defendant fails to appear for a jury trial.
1. Memorandum on Rule 23.1 922. Proposed N.D.R.Crim.P. 23.1 933. Referral from Supreme Court 944. Letter from Judge Mattson 955. State v. Kopperud 97C. Rule 43, N.D.R.Crim.P., Defendant's Presence
The Committee whether Rule 43 should be amended to clarify when appearance can be waived in felony cases.
1. Memorandum on Rule 43 1022. N.D.R.Crim.P. 43 1043. N.D.R.Crim.P. 10 1094. Excerpts from April 2014 committee minutes 1125. Sample Waiver Form 116D. Rule 5, N.D.R.App.P., Post-Judgment Mediation
The Committee will consider amendments to the post judgment mediation rule.
1. Memorandum on Rule 5 1192. Proposed N.D.R.App.P. 5 120E. Rule 20, N.D.R.Juv.P., Use of Restraints in Courtroom; Rule 21, N.D.R.Juv.P., Title and Citation
The Committee will consider a proposed new rule on the use of restraints in juvenile proceedings.
1. Memorandum on proposed juvenile rule amendments 1292. Proposed N.D.R.Juv.P. 20 1313. Proposed N.D.R.Juv.P. 21 1334. Interest of R.W.S 1345. Amendments to Nevada Statute 147F. Amendments to Rules and Forms Related to Electronic Filing
The Committee will consider amendments to various rules and forms to eliminate requirements that certain documents be issued under the seal of the court.
1. Memorandum on amendments related to electronic filing1482. Proposed N.D.R.Civ.P. Rule 45 (Subpoena) 1493. Proposed N.D.R.Crim.P. Form 10 (Search Warrant) 1604. Proposed N.D.R.Crim.P. Form 12 (Bench Warrant) 1625. Proposed N.D.R.Ct. 8.4 (Divorce Summons) 164G. Rule 3, N.D.R.Crim.P., The Complaint; Rule 4, N.D.R.Crim.P., Arrest Warrant or Summons upon Complaint
The Committee will consider amendments to Rules 3 and 4 creating an exception to the sworn statement requirement for peace officers.
1. Memorandum on proposed sworn statement amendments1673. Proposed N.D.R.Crim.P. 4 1692. Proposed N.D.R.Crim.P. 3 1804. E-mail string from Judge Racek 1845. N.D.C.C. ch. 29-05 1866. N.D.C.C. 12.1-11-02 1907. "Penalty of Perjury" exemplar statutes 191