M E M O
TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 8.10, N.D.R.Ct., Extraordinary Writs
The Committee has been discussing the proposed writ rule since September 2002. At its September 2003 meeting, the Committee considered voluminous material on writ history and practice and made numerous changes to the proposed rule. The Committee decided to table the rule until this meeting so that it could review the changes and decide whether further action needed to be taken on the rule.
Discussion at the September meeting focused on whether the civil procedure rules, in particular the discovery rules, should apply in writ matters. Additional language based on N.D.C.C. §§ 29-32.1-07 and 29-32.1-08 (copies attached) was made part of subdivision (c) of the proposed rule to address the Committee's concerns related to application of the civil procedure rules.
A revised version of proposed N.D.R.Ct. 8.10, containing the changes approved by the Committee at the September 2003 meeting, is attached.