COURTS ALWAYS WHEN COURT
The courts A court governed by these rules shall be
deemed is considered always open for
the purpose of any filing any proper paper,
of and for issuing and returning process, and of
making motions and orders a motion, or entering an order.
Rule 56 was amended, effective March 1, 2006.
Rule 56 is an adaptation of
Rule 60 of the Uniform Rules of Criminal Procedure
the National Conference of Commissioners on Uniform State Laws (1952) and follows
closely the provisions of Fed.R.Crim.P. 56.
The language of the
Rule which provide rule stating that
the "courts a court governed by
these Rules shall be deemed is considered always
open " means that they have a court has the
power to act at any time. [See 8A Moore's Federal Practice, Chapter 56, page 56-2
2d Ed. 1972), citing 1948 Reviser's Notes to 28 U.S.C. § 452.] Similar language
be found in N.D.R.Civ.P. 77 (a) and N.D.R.App.P. 45 (a).
Rule 56 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 28-29, 2005, pages 11-12;
24-26, 1973, pages 17-18; February 20-23, 1973, pages 2-3; December 10-12, 1970, page
23; Fed.R.Crim.P. 56
; Wright, Federal Practice and Procedure: Criminal, § 891
8A Moore's Federal Practice, Chapter 56 (Cipes, 2d Ed. 1972); Rule 60, Uniform Rules of
Criminal Procedure, adopted by the National Conference of Commissioners on Uniform
State Laws (1952); Section 22, North Dakota Constitution.
SUPERSEDED: N.D.C.C. §§ 27-01-03, 27-07-15, 29-01-11, 40-18-04.
SUPERSEDED FOR CRIMINAL PROCESS ONLY: N.D.C.C. § 27-05-07.
Considered: N.D.C.C. § 33-01-02.
CROSS REFERENCE: N.D.R.Civ.P. 77 (District Courts and Clerks); N.D.R.App.P. 45 (Duties of Clerk).