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Joint Procedure Committee Meeting

Scheduled on Thursday, September 27, 2001 @ 11:00 AM

Agenda
September 27-28, 2001 Meeting
Bismarck 

Web Note

The Agenda retains page numbers for convenience of referring to the printed materials, even though they are irrelevant to accessing the documents on the Web.
Not all committee documents are available on the Web at this time (because they are not presently available in an electronic format).
The Committee's printed drafts contain line numbers which do not convert to the Web. Some additional formatting may be lost.
Questions or comments may be directed to Temporary Staff Attorney Tom Tudor - ttudor@ndcourts.gov.

I. Roll Call and Preliminaries

II. Minutes of April 26-27, 2001 Meeting 1

III. Old Business

  1. Adoption of Amendments to N.D.R.App.P. and N.D.R.Ct. 
    The Supreme Court approved, by its order dated May 23, 2001, effective August 1, 2001, subject to comment, the amendments to N.D.R.App.P. 4, 10, 31, and 32; and N.D.R.Ct. 8.5 as recommended by the Joint Procedure Committee in its Petition for Amendments filed May 8, 2001. No comments were received and, by its order dated July 11, 2001, the amendments were approved on a final basis, effective August 1, 2001.
    1. Memorandum on Amendments 11

  2. Hearing on Proposed Amendments to N.D.R.Civ.P., N.D.R.App.P., and N.D.R.Ct.
    The Supreme Court has scheduled a hearing, at 10:45 a.m., Tuesday, October 23, 2001, in the Ralph J. Erickstad Courtroom of the Supreme Court, on the proposed amendments to N.D.R.Civ.P. 21, 37.1, 77, and 82; N.D.R.App.P. 42; and N.D.R.Ct. 2.2 and 3.2.

  3. 1998 Revisions to Federal Rules of Appellate Procedure
    The Committee will consider amendments patterned after the 1998 revisions to the Federal Rules of Appellate Procedure.

    1. Rule 26, N.D.R.App.P.; Computing and Extending Time
      1. Memorandum on Rule 26 12
      2. Fed.R.App.P. 26 13
      3. Proposed N.D.R.App.P. 26 15

    2. Rule 27, N.D.R.App.P.; Motions
      1. Memorandum on Rule 27 18
      2. Fed.R.App.P. 27 20
      3. Proposed N.D.R.App.P. 27 25

    3. Rule 28, N.D.R.App.P.; Briefs
      1. Memorandum on Rule 28 32
      2. Fed.R.App.P. 28 34
      3. Proposed N.D.R.App.P. 28 39

    4. Rule 29, N.D.R.App.P.; Brief of an Amicus Curiae
      1. Memorandum on Rule 29 47
      2. Fed.R.App.P. 29 49
      3. Proposed N.D.R.App.P. 29 52

    5. Rule 30, N.D.R.App.P.; Appendix to the Briefs
      1. Memorandum on Rule 30 56
      2. Fed.R.App.P. 30 57
      3. Proposed N.D.R.App.P. 30 61

    6. Rule 31, N.D.R.App.P.; Serving and Filing Briefs
      1. Memorandum on Rule 31 67
      2. Fed.R.App.P. 31 68
      3. Proposed N.D.R.App.P. 31 70

    7. Rule 32, N.D.R.App.P.; Form of Briefs, Appendices, and Other Papers
      1. Memorandum on Rule 32 73
      2. Fed.R.App.P. 32 75
      3. Proposed N.D.R.App.P. 32 83

    8. Rule 34, N.D.R.App.P.; Oral Argument
      1. Memorandum on Rule 34 90
      2. Fed.R.App.P. 34 91
      3. Proposed N.D.R.App.P. 34 94

IV. New Business

  1. Rule 3, N.D.R.Civ.P.; Commencement of Action
    The Committee will consider an amendment to Rule 3 which would require the filing of a summons and complaint to commence an action.
    1. Memorandum on Rule 3 98
    2. Letter from Public Trust and Confidence Implementation Committee 99
    3. Proposed N.D.R.Civ.P. 3 100

  2. Rule 4, N.D.R.Civ.P.; Persons Subject to Jurisdiction--Process--Service
    The Committee will consider amendments to Rule 4 which track the proposed amendment to Rule 3, N.D.R.Civ.P.
    1. Memorandum on Rule 4 102
    2. Proposed N.D.R.Civ.P. 4 103

  3. Rule 5(f), N.D.R.Civ.P.; Proof of Service
    The Committee will consider a proposed amendment to Rule 5(f) concerning proof of service.
    1. Memorandum on Rule 5 113
    2. Letter from Judge Leclerc 114
    3. Proposed N.D.R.Civ.P. 5(f) 115

  4. Rule 35.1(a), N.D.R.App.P.; Affirmance by Summary Opinion
    The Committee will consider an amendment to Rule 35.1(f) concerning one of the criteria for affirmance by summary opinion.
    1. Memorandum on Rule 35.1 117
    2. Proposed N.D.R.App.P. 35.1(a) 118

  5. Rule 23, N.D.R.Civ.P.; Class Actions
    The Committee will consider an amendment to Rule 23 concerning appeals from the order of certification.
    1. Memorandum on Rule 23 120
    2. Proposed N.D.R.Civ.P. 23 128

  6. Rule 55(a)(3), N.D.R.Civ.P.; Default; Entry
    The Committee will consider a proposed amendment to Rule 55(a)(3) concerning the process for entry of a default judgment.
    1. Memorandum on Rule 55 139
    2. Letter from Attorney John J. Petrik (with cover letter from Christine Hogan) 143
    3. Proposed N.D.R.Civ.P. 55(a)(3) 146

  7. Rule 7.1(d), N.D.R.Ct.; Judgments, Orders and Decrees
    The Committee will consider a conflict between Rule 7.1(d) and N.D.C.C. § 28-20-28.
    1. Memorandum on Rule 7.1 150
    2. Proposed N.D.R.Ct. 7.1(d) 152