SUPREME COURT APPROVES RULE AMENDMENTS , EFFECTIVE MARCH 1
SUPREME COURT APPROVES RULE AMENDMENTS , EFFECTIVE MARCH 1
ANDY FORWARD Attorney at Law
In June 2023 , the Joint Procedure Committee submitted proposed amendments to the Rules of Appellate Procedure , Rules of Civil Procedure , Rules of Court , and the Administrative Rules to the North Dakota Supreme Court . In October 2023 , the Court considered the proposal and issued a notice of comment for the proposed amendments . In November 2023 , following the comment period , the Court issued an order adopting the proposed amendments . The following rule amendments will take effect on March 1 .
A . North Dakota Rules of Appellate Procedure
Rule 35 - Scope of Review The explanatory note to Rule 35 was amended to explain the rule confirms the Supreme Court has discretion to correct a criminal sentence when an error is clear from the record .
B . North Dakota Rules of Civil Procedure
Rule 4 - Persons Subject to Jurisdiction ;
Process ; Service Rule 4 ( i )( 3 ) was amended to clarify the procedure for sending a copy of the summons and complaint to the defendant when service is made by publication . The amendments also clarify the proof of service requirements when service is made by publication .
Rule 11 – Signing of Pleadings , Motions , and Other Papers ; Representations to Court ; Sanctions Rule 11 was amended to delete subdivision ( e ), dealing with an attorney ’ s limited representation of a self-represented party . The language of subdivision ( e ) was transferred to a new Rule of Court 11.9 on limited representation .
Rule 47 – Jurors Rule 47 ( d ) was amended to add language allowing the district court to retain alternate jurors after the jury retires to deliberate . The amendments make the rule consistent with N . D . R . Crim . P . 24 ( c )( 3 ), on retaining alternate jurors in a criminal trial .
C . North Dakota Rules of Court
Rule 3.5 - Electronic Filing in the District
Courts Rule 3.5 ( a )( 6 ) was amended to authorize any individual to use an electronic signature in a document filed under the rule . Form and style amendments were also made to the rule .
Rule 5.3 – Receivers No substantive amendments were made to Rule 5.3 . Form and style amendments were made to make the rule consistent with current standards .
Rule 6.1 - Continuances Rule 6.1 was amended to clarify when the requirements of N . D . R . Ct . 3.2 apply to motions made under Rule 6.1 . The requirements of Rule 3.2 do not apply to motions for a continuance filed less than 21 days before the trial or hearing . Before filing a motion for a continuance less than
21 days before the trial or hearing , a party must attempt to contact the other party and indicate in the motion whether the other party agrees or objects to the motion for a continuance .
Rule 11.2 - Withdrawal of Attorneys Rule 11.2 ( d ) was amended to transfer language about an attorney ’ s responsibilities upon completing a limited appearance to new Rule of Court 11.9 on limited representation .
Rule 11.9 - Limited Representation Rule 11.9 was adopted to combine language from N . D . R . Civ . P . 11 and N . D . R . Ct . 11.2 governing limited representation of an attorney in a single rule . The purpose of the new rule is to make the requirements relating to limited representation easier for attorneys to find instead of dealing with multiple rules .
D . North Dakota Supreme Court Administrative Rules
Rule 40 - Access to Recordings of
Proceedings in District Court Rule 40 was amended to clarify that parties and their attorneys may generally access or obtain copies of an audio recording of a trial court proceeding without charge .
Rule 52 - Reliable Electronic Means
Proceedings Rule 52 was amended to clarify that reliable electronic means may be used for revocation of probation proceedings regardless of the location of the probationer .
The rules are available on the North Dakota Supreme Court website , www . ndcourts . gov . The documents relating to the amendments discussed in this article can be found at Docket No . 20230214 .
WINTER 2024 23