RULE 10. ARRAIGNMENT
(a) In General. Arraignment must be conducted in open court and consists of:
(1) ensuring the defendant has a copy of the indictment, information, or complaint;
(2) reading the indictment, information, or complaint to the defendant or stating to the defendant the substance of the charge; and then
calling on asking the defendant to plead
thereto to the indictment, information or
If the defendant appears at the arraignment without counsel, the defendant must be informed of the right to counsel as provided in Rule 44.
Defendant's Rights. The defendant must be given a copy of the indictment,
or complaint before being called upon to plead. If the defendant appears at the arraignment
without counsel, the defendant must be informed of the right to counsel as provided in Rule
(c) Interactive Television. Interactive television may be used to arraign a
defendant if the
defendant does not object as permitted by N.D. Sup. Ct. Admin. R 52.
Rule 10 was amended, effective March 1, 1990; March 1, 2004; March 1, 2006.
Rule 10 follows Fed.R.Crim.P. 10 in substance and controls with respect to all
which arise within the
State state. This Rule differs from the
federal rule only in that it
includes the complaint as a charging document.
Rule 10 is designed both to safeguard important rights of the defendant as well as to protect
proper administration of criminal law. The arraignment is an appearance before the court,
intended to inform the accused of the charge against the accused and to obtain an answer
from the accused. It is an important step in the criminal case, since it formulates the issue to
The United States Supreme Court has held, however, that failure
Failure to comply with the requirements of a proper arraignment is an irregularity
not warrant a reversal of a conviction if not raised before trial.
(Garland v. Washington,
U.S. 642, 34 S.Ct. 456, 58 L.Ed. 772 (1914).) Under the Rule
rule, no specific time for the
arraignment is set and no precise ceremonial or verbal formality need be followed.
The superseding of Sections 29-11-56, 29-13-09, and 33-12-15 by this Rule and
Chapter 29-11 by Rule 7 is not intended to revive technical objections to criminal
proceedings which were available to defendants on appeal prior to the enactment of Chapter
132, North Dakota Session Laws, 1939, Chapter 29-11, N.D.C.C.
Rule 10 was amended, effective March 1, 1990. The amendments are technical in
and no substantive change is intended.
Rule 10 was amended, effective March 1, 2004. The existing text of the rule was divided
(a) and (b) to improve clarity.
(c) (b) was added effective March 1, 2004,
to permit the use of interactive
television to conduct the arraignment if the defendant does not object.
Subdivision (b) was
amended, effective March 1, 2006, to reference N.D.Sup.Ct.Admin.R. 52, which governs
proceedings conducted by interactive television.
Rule 10 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. 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.
SOURCES: Joint Procedure Committee Minutes of April 29-30, 2004, pages
September 26-27, 2002, page 13; April 20, 1989, page 4; December 3, 1987, page 15; March
23-25, 1972, pages 20-23; May 3-4, 1968, pages 8-9; Fed.R.Crim.P. 10
Practice and Procedure: Criminal, §161-162 (1969); 8 Moore's Federal Practice, Chapter
10 (Cipes, 2d Ed. 1970); Barron, Federal Practice and Procedure: Criminal, § 1961
SUPERSEDED: N.D.C.C. §§ 29-11-56, 29-12-01, 29-13-01, 29-13-03, 29-13-04, 29-13-05, 29-13-06, 29-13-07, 29-13-08, 29-13-09, 33-12-15.
CROSS REFERENCE: N.D.R.Crim.P. 5 (Initial Appearance Before the Magistrate);
N.D.R.Crim.P. 43 (Defendant's Presence
of the Defendant);
N.D.R.Crim.P. 44 (Right to and
Assignment of Counsel); N.D.Sup.Ct.Admin.R. 52 (Interactive Television).