M E M O
TO:Joint Procedure Committee
FROM:Tom Tudor/Mike Hagburg
RE:Rule 38, N.D.R.App.P.; Damages and Costs--Frivolous Appeal or Dilatory Prosecution of Appeal
The proposed amendment to Rule 38 changes the title of the rule to track the title of Fed.R.App.P. 38 as well as the actual language of Rule 38.
The explanatory note is amended to make style and terminology consistent throughout the rules. The term "substantial" is deleted because the court does not use that term in the cited case, Halverson v. Pet, Inc. 260 N.W.2d 11 (N.D. 1977). However, reference to the Supreme Court's power to award attorney's fees for motions is added because the Halverson Court made such an award: costs of $300 were assessed to compensate for attorney's fees expended in preparing and briefing a motion to dismiss.