SYNOPSIS OF AMENDMENTS AS ADOPTED
A. North Dakota Rules of Criminal Procedure
Title of rule is changed from "Scope." An amendment is adopted transferring the exceptions previously listed in Rule 54. Form and style changes and an update of the explanatory note are also adopted.
Rule 2 - Purpose and Construction
Form and style changes and an update of the explanatory note are adopted.
Form and style changes and an update of the explanatory note are adopted.
Rule 4 - Arrest Warrant or Summons Upon Complaint
Form and style changes and an update of the explanatory note are adopted.
Rule 5 - Initial Appearance Before the Magistrate
A reference to N.D. Sup. Ct. Admin. R. 52 (Interactive Television) is added. Form and style changes and an update of the explanatory note are adopted.
Rule 5.1 - Preliminary Examination
An amendment to subdivision (c) is adopted to clarify that a verbatim record of the preliminary examination is required. Form and style changes and an update of the explanatory note are also adopted.
Rule 7 - The Indictment and the Information
Form and style changes and an update of the explanatory note are adopted.
Rule 8 - Joinder of Offenses or Defendants
Title of rule is changed from "Joinder of Offenses and of Defendants." Form and style changes, and an update of the explanatory note are adopted.
Rule 9 - Warrant or Summons Upon Indictment or Information
An amendment to subdivision (c) is adopted simplifying instructions for return of the warrant or summons. Form and style changes and an update of the explanatory note are also adopted.
A reference to N.D. Sup. Ct. Admin. R. 52 (Interactive Television) is added. Form and style changes and an update of the explanatory note are adopted.
A reference to N.D. Sup. Ct. Admin. R. 52 (Interactive Television) is added to the explanatory note. Form and style changes and an update of the explanatory note are adopted.
Rule 12 - Pleadings and Pretrial Motions
Title of rule is changed from "Pleadings and Motions Before Trial; Defenses and Objections." An amendment to subdivision (b) is adopted that would create a mechanism for the prosecution to disclose evidence it plans to use at trial. Form and style changes and an update of the explanatory note are also adopted.
Rule 12.1 - Notice of Alibi Defense
Title of rule is changed from "Notice of Alibi." Form and style changes and an update of the explanatory note are adopted.
Rule 12.2 - Notice of Defense Based on Mental Condition; Mental Examination
Title of rule is changed from "Notice of Defense Based on Mental Condition." An amendment to subdivision (c) is adopted expanding protections against admission of evidence related to mental examinations. Form and style changes and an update of the explanatory note are also adopted.
Rule 13 - Joint Trial of Separate Cases
Title of rule is changed from "Trial Together of Indictments or Informations or Complaints." Form and style changes and an update of the explanatory note are adopted.
Rule 14 - Relief from Prejudicial Joinder
Form and style changes and an update of the explanatory note are adopted.
Form and style changes and an update of the explanatory note are adopted.
Rule 16 - Discovery and Inspection
Amendments are adopted to allow reciprocal disclosure of expert witness information. Form and style changes and an update of the explanatory note are also adopted.
An amendment to subdivision (d) is adopted, simplifying service instructions and eliminating reference to outmoded forms of service. Form and style changes and an update of the explanatory note are also adopted.
Rule 17.1 - Omnibus Hearing and Pretrial Conference
Form and style changes and an update of the explanatory note are adopted.
Rule 18 - Location of Trial or Hearing
Title of rule is changed from "Place of Trial or Hearing." Form and style changes and an update of the explanatory note are adopted.
Rule 19 - Transfer Within District
An amendment deleting subdivision (b) is adopted because the subdivision is unnecessary. Form and style changes and an update of the explanatory note are also adopted.
Rule 20 - Transfer from the County for Plea and Sentence
Form and style changes and an update of the explanatory note are adopted.
Rule 21 - Transfer from the County for Trial
Form and style changes, an update of the explanatory note, and a change of title from "Transfer from the County or Municipality for Trial" are adopted.
This rule, formerly titled "Time of Motion to Transfer," is deleted because any guidelines it provided are open ended and discretionary.
Rule 23 - Trial by Jury or by Court
Form and style changes and an update of the explanatory note are adopted.
Form and style changes and an update of the explanatory note are adopted.
Form and style changes and an update of the explanatory note are adopted.
Rule 24.1 - Demand for Change of Trial Judge
An update of the explanatory note is adopted.
Form and style changes and an update of the explanatory note are adopted.
An amendment is adopted to delete a sentence in the text of the rule referring to the North Dakota Rules of Evidence. Form and style changes, an update of the explanatory note, and a change of the title from "Evidence" are also adopted.
Rule 26.1 - Foreign Law Determination
Form and style changes, an update of the explanatory note, and a change of the title from "Foreign Law" are adopted.
Rule 27 - Proof of Official Record
Form and style changes and an update of the explanatory note are adopted.
An amendment is adopted to delete material on expert witnesses because N.D.R.Ev. covers the topic of expert witnesses in detail. Form and style changes, an update of the explanatory note, and a change of the title from "Expert Witnesses and Interpreters" are also adopted.
Rule 29 - Motion for a Judgment of Acquittal
An amendment is adopted to add a subdivision allowing the court to reserve decision on a motion for judgment of acquittal. Further amendment is adopted to add a subdivision on containing guidelines for a conditional ruling on a motion for new trial. Seven-day deadline for motion is changed to 10 days. Form and style changes, an update of the explanatory note, and a change of the title from "Motion for Judgment of Acquittal" are also adopted.
Adoption of the federal language on order of argument in closing argument is adopted for this "reserved for future use" rule.
Amendments are adopted to make the substance, form and style of the rule consistent with N.D.R.Civ.P. 51, which was amended effective March 1, 2005. A change in title from "Instructions" is also adopted.
An amendment is adopted to clarify that a jury may return partial verdicts, either to multiple counts or multiple defendants or both. Form and style changes, an update of the explanatory note, and a change of the title from "Verdict" are also adopted.
Rule 32 - Sentencing and Judgment
An amendment is adopted to allow probation revocation hearings to be transferred under the procedure set out in Rule 20. Form and style changes, an update of the explanatory note, and a change of the title from "Sentence and Judgment" are also adopted.
Rule 32.1 - Deferred Imposition of Sentence
Form and style changes and an update of the explanatory note are adopted.
Amendments are adopted eliminating the "30 days after discovery" time limit on motions for new trial based on newly discovered evidence and changing all 7-day time deadlines to 10-days. Form and style changes and an update of the explanatory note are also adopted.
An amendment is adopted changing the 7-day time limit for a motion to 10-days. Form and style changes, an update of the explanatory note, and a change of the title from "Arrest of Judgment" are adopted.
Rule 35 - Correcting or Reducing a Sentence
An amendment is adopted to give the sentencing discretion to correct a clear error in a sentence. Form and style changes, an update of the explanatory note, and a change of the title from "Correction or Reduction of Sentence" are also adopted.
Form and style changes, an update of the explanatory note, and a change of the title from "Clerical Mistakes" are adopted.
Rule 37 - Appeal as of Right to District Court; How Taken
Minor form and style changes and an update of the explanatory note are adopted.
Rule 38 - Stay of Execution and Relief Pending Review
An amendment is adopted to delete the paragraph allowing stay of a death sentence. Addition of a new subdivision on stays of restitution orders is adopted. Form and style changes and an update of the explanatory note are also adopted.
An amendment is adopted to eliminate the requirement for immediate transcription of the voice record when a warrant is given upon remote communication. Form and style changes and an update of the explanatory note are also adopted.
Rule 43 - Defendant's Presence
An amendment is adopted to change the order of subdivisions in the rule to "When Required," "When Not Required," and "Continued Presence." A reference to N.D. Sup. Ct. Admin. R. 52 (Interactive Television) is added to the explanatory note. Additional form and style changes, an update of the explanatory note, and a change of the title from "Presence of the Defendant" are also adopted.
Rule 44 - Right to and Appointment of Counsel
An amendment is adopted which would add a new subdivision to the rule explaining the court's duties when there is joint representation of multiple defendants. Form and style changes and an update of the explanatory note are also adopted.
Rule 45 - Computing and Extending Time
An amendment is adopted specifically defining the term "legal holiday." Deletion of an obsolete subdivision on terms of court and transfer of a subdivision on motions to Rule 47 - Motions is adopted. Form and style changes, an update of the explanatory note, and a change of the title from "Time" are also adopted.
Rule 46 - Release from Custody
Amendments are adopted to the part of the ruling dealing with sureties. Added are a provision requiring automatic suspension of sureties that fail to pay forfeited bail; a mechanism for notifying sureties of bail forfeiture orders; and a new procedure for seeking to excuse forfeiture orders. Form and style changes and an update of the explanatory note are also adopted.
The transfer of subdivisions relating to "Timing of a Motion" and "Affidavit Supporting a Motion" from Rule 45 is adopted. Form and style changes and an update of the explanatory note are also adopted.
Form and style changes and an update of the explanatory note are adopted.
Rule 49 - Serving and Filing Documents
Amendments are adopted substituting the term "document" for "paper" throughout the rule. Form and style changes, an update of the explanatory note, and a change of the title from "Service and Filing of Papers" are also adopted.
Form and style changes and an update of the explanatory note are adopted.
Rule 51 - Exceptions Unnecessary
A new subdivision (a) on preserving claimed error is adopted. An update to the explanatory note is adopted.
Rule 52 - Harmless and Obvious Error
Form and style changes, an update of the explanatory note, and a change of the title from "Harmless Error and Obvious Error" are adopted.
Rule 53 - Regulation of Conduct in the Courtroom
An amendment is adopted to expand the content of this repealed rule's explanatory note to more fully describe where the rule's prior content can be found.
Rule 54 - Application and Exception
An amendment is adopted transferring the content of this rule to Rule 1.
An amendment is adopted to require the clerk to enter all orders and judgments into the record. Form and style changes and an update of the explanatory note are also adopted.
Form and style changes, an update of the explanatory note, and a change of the title from "Courts Always Open" are adopted.
Rule 57 - Practice When Procedure Not Specified
An amendment is adopted to prohibit a court from sanctioning a party for violation of a court's own requirement or policy without actual notice of the requirement. Form and style changes and an update of the explanatory note are also adopted.
Form and style changes and an update of the explanatory note are adopted.
Rule 59 - Effective Date - Statutes Superseded
Amendments are adopted to clarify how the amendment or addition of a rule will affect a criminal proceeding.
Form 9 - Conditions for Sentence to Probation, Deferred or Suspended Sentence
Substantial amendment and reorganization is adopted in accordance with recommendations by the Department of Corrections and Rehabilitation. The most significant change is the addition of a group of sex offender conditions.
B. North Dakota Rules of Court
Rule 11.2 - Withdrawal of Attorneys
An amendment is adopted to clarify that, once an appeal is filed, attorneys must file any motion to withdraw with the supreme court clerk.
C. North Dakota Supreme Court Administrative Rules
Order 16 - Electronic Filing Pilot Project for the District Courts
A new pilot project order providing guidelines for electronic filing in the district courts is adopted.