SECTION 3. PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF LOCAL COURT RULES

3.1 Any person interested in the adoption, amendment, or repeal of a Local Court Procedural Rule or Administrative Rule, may file with the clerk of the district court a petition to adopt, amend, or repeal a Local Court Procedural Rule or Administrative Rule.

3.2 The petition shall state petitioner's grounds for the adoption, amendment, or repeal of the rule, include a draft of the proposed new or amended rule and be accompanied by supporting documentation.

3.3 Within 45 days after the filing of a petition the Presiding Judge may refer the petition to the local Advisory Committee described in Section 8, or grant the petitioner an opportunity for written comment or oral hearing.

3.4 If an opportunity for written comment or oral hearing is granted, the time, place and conditions for an oral hearing will be fixed or conditions for written comment will be set. Notice of the hearing will be given as provided in Section 7.

3.5 Whenever the Presiding Judge determines that a Petition is improper as to form, is frivolous, or requests a rule of mere formality, the Presiding Judge, in place of referral for committee review pursuant to Section 8 or of providing for opportunity for written comment or oral hearing, may make an immediate decision of the petition.

COMMENT

The Rules Sub-Committee intends and recommends that the Presiding Judge refer petitions for Advisory Committee Review and consultation in most cases. That consultation is viewed as beneficial in preparing strong rules and salutary in their acceptance by the bar and public.