Joint Procedure Committee Meeting
Scheduled on Thursday, September 25, 2008 @ 11:00 AM
September 25, 2008, 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 24-25, 2008, Meeting 1
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 31
2. Synopsis of Proposed Rule Amendments 32B. Rule 41, N.D. Sup. Ct. Admin. R., Access to Court Records
The Committee will consider additional amendments to Administrative Rule 41.
1. Memorandum on Administrative Rule 41 35
2. Proposed N.D. Sup. Ct. Admin. R. 41 37
3. Forum v. Paulson 48
4. Summary of Georgia records measure 63
5. Georgia HB 1020 64C. Rule 45, N.D.R.Civ.P., Subpoena
The Committee will consider additional amendments to Rule 45.
1. Memorandum on Rule 45 68
2. Proposed N.D.R.Civ.P. 45 70
3. E-mail from attorney Michael McIntee 83D. Rule 16, N.D.R.Civ.P., Pretrial Conferences, Scheduling, Management
The Committee will consider whether to make form and style revisions to Rule 16 consistent with federal amendments.
1. Memorandum on Rule 16 84
2. Proposed N.D.R.Civ.P. 16 85
3. Form and Style Amendments to Fed.R.Civ.P. 16 92
IV. New Business
A. Rule 24, N.D.R.App.P., Appeals By Indigent Defendants
The Committee will consider a proposed new appellate rule dealing with appeals involving indigent defendants.
1. Memorandum on Rule 24 98
2. Proposed N.D.R.App.P. 24 100
3. State v. Vondal 102
4. Survey of Court Practice Related to Supplemental Briefs 111
5. Wash. R. App. P. 10.10 115
6. Wash. R. App. P. 18.3 116B. Rule 8.2, N.D.R.Ct., Interim Orders in Domestic Relations Cases
The Committee will consider whether to amend Rule 8.2's affidavit provisions.
1. Memorandum on Rule 8.2 117
2. Proposed N.D.R.Ct. 8.2 (Alt. 1) 118
3. Proposed N.D.R.Ct. 8.2 (Alt. 2) 123
4. Letter from attorney Tom Slorby 128C. 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 5 130
2. N.D.R.Crim.P. 5 132
3. Letter from Chief Justice Gerald VandeWalle 138
4. Letter from McLean County State's Attorney Ladd Erickson 140D. Rule 616, N.D.R.Ev., Bias of Witness
The Committee will consider a proposed new Rule of Evidence on witness bias.
1. Memorandum on Rule 616 143
2. Proposed N.D.R.Ev. 616 144
3. Letter from attorney David Bliss 145
4. Minn.R.Ev. 616 146E. Rule 22, N.D.R.Civ.P., Interpleader
The Committee will consider whether to make form and style revisions to Rule 22 consistent with federal amendments.
1. Memorandum on Rule 22 147
2. Proposed N.D.R.Civ.P. 22 148
3. Form and Style Amendments to Fed.R.Civ.P. 22 151
4. More v. Western Grain Co. 152F. Rule 24, N.D.R.Civ.P., Intervention
The Committee will consider whether to make form and style revisions to Rule 24 consistent with federal amendments.
1. Memorandum on Rule 24 159
2. Proposed N.D.R.Civ.P. 24 160
3. Form and Style Amendments to Fed.R.Civ.P. 24 163G. Rule 25, N.D.R.Civ.P., Substitution of Parties
The Committee will consider whether to make form and style revisions to Rule 25 consistent with federal amendments.
1. Memorandum on Rule 25 165
2. Proposed N.D.R.Civ.P. 25 166
3. Form and Style Amendments to Fed.R.Civ.P. 25 170H. Rule 26, N.D.R.Civ.P., General Provisions Governing Discovery
The Committee will consider whether to make form and style revisions to Rule 26 consistent with federal amendments.
1. Memorandum on Rule 26 172
2. Proposed N.D.R.Civ.P. 26 173
3. Form and Style Amendments to Fed.R.Civ.P. 26 187I. Rule 27, N.D.R.Civ.P., Depositions Before Action or Pending Appeal
The Committee will consider whether to make form and style revisions to Rule 27 consistent with federal amendments.
1. Memorandum on Rule 27 199
2. Proposed N.D.R.Civ.P. 27 200
3. Form and Style Amendments to Fed.R.Civ.P. 27 205J. Rule 28, N.D.R.Civ.P., Persons Before Whom Depositions May Be Taken
The Committee will consider whether to make form and style revisions to Rule 28 consistent with federal amendments.
1. Memorandum on Rule 28 208
2. Proposed N.D.R.Civ.P. 28 209
3. Form and Style Amendments to Fed.R.Civ.P. 28 213K. Rule 29, N.D.R.Civ.P., Stipulations Regarding Discovery Procedure
The Committee will consider whether to make form and style revisions to Rule 29 consistent with federal amendments.
1. Memorandum on Rule 29 215
2. Proposed N.D.R.Civ.P. 29 216
3. Form and Style Amendments to Fed.R.Civ.P. 29 218