RECENT RULE AMENDMENTS APPROVED BY THE SUPREME COURT
RECENT RULE AMENDMENTS APPROVED BY THE SUPREME COURT
ANDY FORWARD Attorney at Law
Over the last few months, the Supreme Court has approved amendments to various court rules. The following rules were amended effective Jan. 1.
N. D. Sup. Ct. Admin. R. 20 – Magistrates Rule 20 was amended to update citations to the new chapter on civil protection orders, N. D. C. C. ch. 14-07.7.
N. D. R. Lawyer Discipl. 4.4 – Reciprocal Discipline Rule 4.4( A) was amended to remove the requirement that a certified copy of a disciplinary order from another jurisdiction be obtained. The amendment allows disciplinary counsel to use a copy obtained from the issuing jurisdiction or verified by the issuing jurisdiction.
N. D. R. Lawyer Discipl. 6.1 – Records Rule 6.1 was amended to allow disciplinary files to be retained in digital format rather than paper format.
N. D. R. App. P. 25 – Filing and Service Rule 25 was amended to reorganize the rule and to allow prisoners to file documents using the prison electronic filing system. Prisoners using the e-filing system are exempt from the service requirements of subdivision( d). Under paragraph( e)( 5), the clerk will provide a copy of documents filed through the prison e-filing system to other parties.
28 THE GAVEL
The following rules were amended effective March 1.
N. D. R. Crim. P. 12.3 – Fitness to Proceed; Restoration Rule 12.3( b) was amended to provide a simpler process for status updates. Rather than holding a status conference each month, a restoration status report can be filed. A judge has discretion to hold a hearing after receipt of the report. Subdivision( b) was also amended to allow the use of reliable electronic means for status conferences and hearings. Former subdivision( c) on referral for services was deleted because N. D. C. C. § 12.1- 04-08 already provides for the court to make appropriate referrals.
N. D. R. Ev. 107 – Illustrative Aids Rule 107 is a new rule adopted in response to the December 1, 2024, adoption of Fed. R. Ev. 107. Rule 107 clarifies the distinction between substantive evidence and illustrative aids, and provides the court with a balancing test directed toward the use of illustrative aids.
Under subdivision( a), before allowing a party to present an illustrative aid, a court must assess the value of the illustrative aid in assisting the trier of fact to understand the evidence or argument. Subdivision( b) states an illustrative aid is not evidence and cannot be provided to the jury during deliberations unless the parties consent or the court orders otherwise. Subdivision( c) provides that an illustrative aid used at trial must be entered into the record when practicable. Subdivision( d) clarifies that a summary admitted as evidence to prove the content of voluminous admissible evidence is governed by N. D. R. Ev. 1006.
N. D. R. Ev. 613 – Witness’ s Prior Statement Rule 613 was amended in response to the December 1, 2024, amendments to Fed. R. Ev. 613. Subdivision( b) was amended to require that a witness receive an opportunity to explain or deny a prior inconsistent statement before the introduction of extrinsic evidence of the statement.
N. D. R. Ev. 801 – Definitions that Apply to this Article; Exclusions from Hearsay Rule 801 was amended in response to the December 1, 2024, amendments to Fed. R. Ev. 801. Paragraph( d)( 2) was amended to provide that when a party stands in the shoes of a declarant or the declarant’ s principal, hearsay statements made by the declarant or principal are admissible against the party.
N. D. R. Ev. 804 – Exceptions to the Rule Against Hearsay – When the Declarant is Unavailable as a Witness Rule 804 was amended in response to the December 1, 2024, amendments to Fed. R. Ev. 804. Subparagraph( b)( 3)( B) was amended to require that in assessing whether a statement against interest in a criminal case is supported by corroborating circumstances that clearly indicate its trustworthiness, the court must consider not only the totality of the circumstances under which the statement was made, but also any evidence supporting or undermining it.
N. D. R. Ev. 1006 – Summaries to Prove Content Rule 1006 was amended in response to the December 1, 2024, amendments to Fed. R. Ev. 1006. The rule was amended to clarify that a properly supported summary may be admitted into evidence whether or not the underlying voluminous materials reflected in the summary have been admitted. The rule was also amended to add a reference to new Rule 107 on illustrative aids.
N. D. R. Juv. P. 1 – Scope and Purpose Rule 1 was amended to add a citation to the new chapter on re-establishment of parental rights and responsibilities, N. D. C. C. ch. 27-20.6.
N. D. R. Juv. P. 2 – Hearing Time Rule 2 was amended to add a citation to the new chapter on re-establishment of parental rights and responsibilities, N. D. C. C. ch. 27-20.6. Paragraph( a)( 3) was amended to provide a court may not set an evidentiary hearing until it finds the petitioner has established a prima facie case justifying that re-establishment of parental rights is in the child’ s best interest. If an evidentiary hearing is held, it must be held within 150 days of the court’ s order finding the petitioner has established a prima facie case.
N. D. R. Juv. P. 10.2 – Admissions; N. D. R. Juv. P. 18 – Disposition; Conditions Rules 10.2 and 18 were amended to change“ drug court” to“ treatment court.”
The rules are available on the North Dakota Supreme Court website, www. ndcourts. gov.