RULE 57. PRACTICE WHEN PROCEDURE NOT SPECIFIED
In all cases not provided for by rule or statute,
the a court may
regulate its practice in any
proceeding properly before it in any manner not inconsistent
consistent with rules adopted
by the supreme court or any applicable statute. No sanction or other disadvantage may be
imposed for noncompliance with any requirement not in a rule adopted by the supreme court
or in any applicable statute unless the alleged violator was furnished with actual notice of
the requirement before the noncompliance.
Rule 57 was amended, effective March 1, 2006.
Rule 57 is adapted from Fed.R.Crim.P. 57(b).
Unlike Fed.R.Crim.P. 57(a), this rule does not allow the district courts to make
rules. Each court does have Instead, a court has authority to regulate
its practice to allow for
justice in a particular case. See Wright & Miller, Federal Practices and Procedure:
§ 3155. The North Dakota Rule on Local Court Procedural Rules and
Rules provides a mechanism for adoption of local court rules.
Rule 57 was amended, effective March 1, 2006,, to bar courts from imposing sanctions or punishments for violations of noncodified individual court requirements, unless the court gives prior notice of these requirements. The amendment was based on the language of Fed.R.Crim.P. 57(b).
Rule 57 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, page 12;
18-19, 1980, page 18; March 27-28, 1980, page 3; April 24-26, 1973, page 18; February 20-23,
1973, pages 3-4; May 6-7, 1971, pages 11-13 and 16-18; Fed.R.Crim.P. 57;
Federal Practice, Chapter 57 (Cipes 2d Ed. 1971); Section 86, North Dakota
CONSIDERED: N.D.C.C. §§ 27-02-05.1, 27-02-08, 27-02-09, 27-02-10, 27-02-11, 27-02-12, 27-02-13, 27-02-14, 27-02-15.
CROSS REFERENCE: N.D.R. Local Ct. P.R. §§ 1-15.