| Joint Procedure Committee, Petitioner, | ) ) ) | PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF COURT RULES AND STATUTES |
TO: The Supreme Court of the State of North Dakota:
The Joint Procedure Committee petitions the Supreme Court, under Section 3, NDRPR, for an order adopting the following proposals:
North Dakota Rules of Civil Procedure
Rule 4 - Persons Subject to Jurisdiction--Process--Service
Rule 5- Service and Filing of Pleadings and Other Papers
Rule 6 - Time
Rule 23 - Class Action Rule
Rule 30 - Depositions Upon Oral Examination
Rule 30.1 - Uniform Audio-Visual Deposition Rule
Rule 31 - Depositions of Witnesses Upon Written Questions
Rule 43 - Evidence
Rule 45 - Subpoena
Rule 51 - Instructions to Jury
Rule 77 - District Courts and Clerks
North Dakota Rules of Criminal Procedure
Rule 30 - Instructions
Rule 32 - Sentence and Judgment
Rule 32.1 - Deferred Imposition of Sentence
Rule 37 - Appeal as to Right to District Court; How Taken
Rule 45 - Time
Rule 46 - Release From Custody
Rule 49 - Service and Filing of Papers
Form 8 - Order Deferring Imposition of Sentence
North Dakota Rules of Appellate Procedure
Rule 3 - Appeal as of Right--How Taken
Rule 4 - Appeal--When Taken
Rule 8 - Stay or Injunction Pending Appeal
Rule 25 - Filing and Service
Rule 26 - Computation and Extension of Time
Rule 36 - Entry of Judgment
Rule 42 - Dismissal; Mootness
Rule 45 - Duties of Clerk
Rule 47.1 - Certification of Questions of Law by State Court
North Dakota Rules of Court
Rule 3.1 - Pleadings
Rule 6.9 - Assisting Jurors at Impasse
Rule 6.10 - Courtroom Oaths
Rule 7.1 - Judgments, Orders and Decrees
Rule 8.2 - Interim Orders in Domestic Relations Cases
Rule 11.2 - Withdrawal of Attorneys
The Committee also requests the proposed amendment to Section 27-10-01.3, NDCC, be introduced to the Legislature at the request of the Supreme Court.
This petition is supported by the attached material containing the proposed rules, proposed explanatory notes, and synopsis of the proposals.
Dated June 10, 1998.
Members of the Joint Procedure Committee:
| Honorable Wallace D. Berning Honorable Donovan Foughty Honorable M. Richard Geiger Honorable Gail Hagerty Honorable Ronald L. Hilden Honorable Maurice R. Hunke Honorable Lawrence A. Leclerc Honorable Mikal Simonson Honorable Kirk Smith | Professor Larry Kraft Mr. Lynn M. Boughey Mr. Michael R. Hoffman Mr. John C. Kapsner Mr. Daniel S. Kuntz Mr. Ronald H. McLean Ms. Patricia R. Monson Ms. Sherry Mills Moore Mr. James T. Odegard Ms. Cathy Howe Schmitz |
_______________________________
Justice Dale V. Sandstrom
Chair