SUPREME COURT APPROVES RULE AMENDMENTS EFFECTIVE MARCH 1
SUPREME COURT APPROVES RULE AMENDMENTS EFFECTIVE MARCH 1
ANDY FORWARD Attorney at Law
In July 2024 , the Joint Procedure Committee , Judicial Education Commission , and State Board of Law Examiners each submitted proposed rule amendments to the North Dakota Supreme Court . The Court considered the proposals and issued an order adopting the following rule amendments , which take effect on March 1 .
NORTH DAKOTA RULES OF CIVIL PROCEDURE
Rule 81 , Table A . Special Statutory
Proceedings under Rule 81 Table A was amended to remove references to repealed statutes .
NORTH DAKOTA RULES OF CRIMINAL PROCEDURE
Rule 1 – Scope and Exceptions
Rule 1 was amended to delete references to the Uniform Juvenile Court Act , N . D . C . C . ch . 27-20 , which was repealed in 2021 .
Rule 24 – Trial Jurors
Rule 24 ( a )( 2 ) was amended to delete the reference to “ chambers ,” and to require the court to make a record of a juror examination when the examination occurs outside of the courtroom .
NORTH DAKOTA RULES OF EVIDENCE
Rule 106 – Remainder of or Related Writings or Recorded Statements
Rule 106 was amended to admit a completing statement over a hearsay objection , and to cover all statements , including oral statements that have not been recorded . The amendments are consistent with the Dec . 1 , 2023 , amendments to Fed . R . Ev . 106 .
Rule 615 – Excluding Witnesses
Rule 615 was amended to clarify the court may prohibit excluded witnesses from learning about , obtaining , or being provided with trial testimony ; and the exception from exclusion for entity representatives is limited to one designated representative per entity . The amendments are consistent with the Dec . 1 , 2023 , amendments to Fed . R . Ev . 615 .
NORTH DAKOTA RULES OF APPELLATE PROCEDURE
Rule 2.2 – Termination of Parental Rights- Expedited Appeals
Rule 2.2 ( a ) was amended to clarify extensions of time to file a notice of appeal are not permitted .
Rule 35 - Scope of Review
Subparagraphs ( a )( 3 )( B ) and ( b )( 1 )( C ) were amended to provide the Supreme Court may remand a case to the district court and retain jurisdiction in the interests of justice .
NORTH DAKOTA RULES OF COURT
Form and Style Amendments
Form and style amendments were made to Rules 1.1 , 3.2 , 5.1 , 5.3 , 6.2 , 6.3 , 6.6 , 6.7 , 6.8 , 6.11 , 7.1 , 7.2 , 8.1 , 8.2 , 8.4 , 8.5 , 8.6 , 8.8 , 8.9 , 8.11 , 9.1 , 10.2 , 11.3 , 11.5 , 11.6 , and 11.10 to make the rules consistent with current standards .
Rule 3.4 – Privacy Protection for Filings Made with the Court
Rule 3.4 was amended : 1 ) to add a definitions subdivision , 2 ) to list the circumstances in which the full name of a minor who is a party must be used , 3 ) to establish a procedure for a party to designate a proposed filing as confidential , 4 ) to establish a procedure for an individual to request the court to redact the individual ’ s protected information improperly included in a filed document , and 5 ) to update the sanctions that can be imposed for noncompliance with the rule .
Rule 5.5 – Civil Compromise
Rule 5.5 is a new rule establishing a standard procedure for filing a notice of civil compromise . The rule is based on N . D . C . C . §§ 29-01-16 , 29-01-17 , 29-01-18 , 29-01-19 .
24 THE GAVEL