N.D. R. App. P. 34
Joint Procedure Committee Minutes of January 28, 2021, pages 10-13; January 30, 2020, pages 25-27; April 25-26, 2002, pages 12-13; January 24-25, 2002, pages 19-21; September 28-29, 1995, page 13; January 28-29, 1993, page 11; February 19-20, 1987, page 8; September 18-19, 1986, pages 20-21; April 26, 1984, page 30; January 12-13, 1978, pages 22-23. Fed.R.App.P. 34.
EXPLANATORY NOTE
Rule 34 was amended, effective 7/1/1981; 1/1/1988; 3/1/1994; 3/1/1997; 3/1/2003; 10/1/2014. Under subdivision (b), in the case of multiple appellants or appellees, each side must divide the time accorded unless additional time has been requested and granted. The omission of subdivision (g) of the Federal Rule is not intended to prevent the use of any exhibits at oral argument; 3/1/2019; 8/1/2021.
Rule 34 was revised, effective3/1/2003, in response to the12/1/1998, amendments to Fed.R.App.P. 34. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (a) was amended, effective3/1/2003, to make clear that the court has discretion to determine whether oral argument should or should not be permitted.
Subdivision (a)(1)(2) (e) and (f) was amended December 11, 2018, effective 3/1/2019.
Subdivision (a) was amended, __________, to outline when oral argument will or will not be allowed.
Subdivision (a) was amended, effective 8/1/2021, to clarify the steps that a party that did not make an initial request for oral argument must take before being allowed to participate in oral argument.
Subdivision (b) was amended, effective 8/1/2021, to allow the appellant to reserve up to 10 minutes for rebuttal by notifying the clerk of court immediately prior to argument.
Rule 34 was amended, effective10/1/2014, to replace "supreme court clerk" with "clerk of the supreme court."
STATUTES AFFECTED:
Superseded: N.D.C.C. §§ 28-31-04, 28-31-05, 29-28-23, 29-28-24, and 29-28-25.
N.D.R.App.P. 28 (Briefs).