SUMMER BRINGS AMENDMENTS TO PROCEDURAL RULES
MIKE HAGBURG Attorney at Law
The Supreme Court has approved amendments to the Civil , Criminal , and Appellate rules effective Aug . 1 . The Court has also approved amendments to the Rules of Juvenile Procedure effective July 1 .
Amendments to Civil Rules 54 and 55 will change the procedure for seeking costs in civil actions . Rule 54 ( e ) is amended to allow for objections to be heard before costs and disbursements are inserted in the judgment and to require specific information to be provided when a motion seeking attorney fees is made .
Meanwhile , Rule 55 on default is amended to allow the court , in the case of a claim for a sum certain , to enter default judgment for the amount due plus costs and disbursements .
Criminal Rule 32.1 is amended to allow the court to modify an order deferring imposition of sentence if a petition for revocation is filed no later than 60 days after expiration or termination of probation or if there is an outstanding bench warrant in the matter . Previously , the court was required to complete any modifications of an order for deferral prior to the expiration of the 60-day period .
Two changes were made to Appellate Rule 34 . Under the amendments , if oral argument is scheduled and a party who did not initially request oral argument decides they want to participate , that party must file notice with the court . In addition , if an appellant wishes to reserve time for rebuttal at oral argument , they must notify the clerk immediately prior to the argument . Up to 10 minutes are allowed for rebuttal .
In general , the July 1 amendments to the Juvenile Rules update terminology and statutory references consistent with the July 1 amendments to the Juvenile Court Act , N . D . C . C . chs . 27-20.2 , 27- 20.3 , and 27- 20.4 .
The Juvenile Court Act replaces the old Uniform Juvenile Court Act , which was found in N . D . C . C . ch . 27-20 . The new act makes extensive changes intended to maintain public safety , while also improving outcomes for children in the juvenile justice system .
One of the act ’ s main modifications is eliminating the “ unruly youth ” classification and establishing a new “ children in need of services ” category . The act requires the majority of these children , such as truants and runaways , are referred to human services rather than being arrested and sent to court . It also extends the right to counsel to children in all case types .
A new statute under the act , N . D . C . C . § 27-20.2-15 , explains the meaning of “ active efforts ” under the Indian Child Welfare Act , as well as defines other key terms and procedures related to treatment of Indian children . Juvenile Rule 4 on interested persons was amended to reference this statute .
Juvenile Rule 5 on the summons was amended to add new language requiring a summons be directed to the child if the child is 14 or more years of age and the subject of a child in need of protection petition or of a guardianship petition . It remains the rule that , if a child is alleged to be delinquent , the summons must be directed to the child , regardless of age .
Rule 10 on presence and default was amended to clarify that , if a child is of sufficient age and competence , the child has the right to be present at all child in need of protection proceedings .
Amendments to Juvenile Rule 1 ( Scope and Purpose ), 3 ( Contents of Petition ), 6 ( Service of Summons ), 7 ( Service After Summons ), 8 ( Provisional Hearing ), 9 ( Continuance ), 11 ( Notice of Alibi Defense ), 11.1 ( Child Competency to Proceed ), 12 ( Discovery ), 13 ( Subpoena ), 15 ( Notice ), 16 ( Modification and Vacation of Orders ), 17 ( Lay Guardian ad Litem ), 18 ( Disposition ; Conditions ), and 19 ( Juvenile Records ), are limited to updating statutory references and terminology . In particular , references to “ unruly ” children or acts have been eliminated from the rules .
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