AMENDMENTS TO PROCEDURAL RULES SET TO TAKE EFFECT MARCH 1
MIKE HAGBURG Attorney at Law
Effective March 1 , the Supreme Court will adopt amendments to the Rules of Civil Procedure , Criminal Procedure , Appellate Procedure , Evidence , Juvenile Procedure and Court , as well as the Administrative Rules .
Some of the most significant changes are in Rule of Court 8.2 on interim orders in domestic relations cases . The rule adds a new subdivision ( c ) setting out a procedure for making motions to temporarily modify residential responsibility . For such a motion to be granted , the moving party must show a threat of imminent danger to a minor child or present circumstances indicating that an interim order is necessary to protect a minor child . The moving party must also demonstrate there is a need to issue an order on shorter notice than generally allowed under the rules . Rule of Court 8.3.1 on the management of cases involving changes of residential responsibility was amended to reflect the new language added to Rule 8.2 .
New language was added to Criminal Procedure Rule 44 on the right to counsel . New subdivision ( c ) of the rule provides a procedure for the use of limited and joint representation in pretrial release proceedings . This modification is intended to increase the opportunity for defendants to receive representation at pretrial release proceedings , while reducing the chance that appointed and indigent counsel are later conflicted out of cases .
Courts have relied heavily on proceedings conducted by reliable electronic means during the pandemic . Administrative Rule 52 , which governs these proceedings , was amended to allow witness testimony by reliable electronic means in a criminal case when authorized by rule or law . This amendment is intended to permit remote witness testimony over a defendant ’ s objection in a very narrow range of situations , such when a court finds that audiovisual testimony by a minor or disabled adult is justified under the standards set out in N . D . C . C . 31-04-04.2 .
Several of the Rules of Juvenile Procedure have changes effective March 1 . Rule 1 on scope and purpose was amended to add child guardianship actions to those governed by the juvenile rules . Rule 14 on motions was amended to refine the procedure for submitting a motion and requesting oral argument , while Rule 16 on modification and vacation of orders was amended to clarify that when a request for oral argument on a motion is made , the court must grant it . Finally , Rule 19 on juvenile records was modified to allow the Chief Justice to authorize the release of information from juvenile records when needed for research purposes .
Civil Procedure Rule 10 on form of pleadings has long required the state to be added to an action ’ s title when it is a real party in interest . It is amended to place the responsibility of adding the state on the first party filing a pleading after the state becomes a party in interest . Meanwhile , Rule 62 on stays of judgment enforcement was amended to increase the duration of the automatic stay from 14 to 30 days and to expand the circumstances under which a stay by bond may be obtained . The changes to Rule 62 are consistent with federal rule amendments .
Appellate Rule 21 on writs , has been amended to make the rule applicable to all writs filed in the Supreme Court and to clarify that fees apply to filing writs . Rule 35 on scope of review was amended to require a party seeking additional briefing or oral argument after a remand to district court to make a specific request to the court .
Finally , as discussed in the fall 2020 Gavel , numerous rule amendments consistent with the Uniform Unsworn Domestic Declarations Act were proposed by the Joint Procedure Committee . The Court adopted these proposals , which in general changed the term “ affidavit ” to “ declaration ” throughout the Rules of Civil Procedure , Criminal Procedure , Appellate Procedure , Evidence , and Juvenile Procedure and Court .
The Court ’ s orders amending these rules , as well as the current versions of all the state ’ s court rules , are available on the Supreme Court website , www . ndcourts . gov .
22 THE GAVEL