RULE 34. ARRESTING JUDGMENT
(a) In General. On the defendant's motion or on its own, the court must arrest judgment if:
(1) the indictment, information, or complaint does not charge an offense; or
(2) the court does not have jurisdiction of the charged offense.
(b) Time to File. The defendant must move to arrest judgment within
ten days after
verdict or finding of guilty, or after a plea of guilty , or within such a further time as the
may fix set during the seven 10-day period.
Rule 34 was amended, effective March 1, 2006; March 1, 2007.
Rule 34 is an
adaption adaptation of Fed.R.Crim.P. 34 and differs
only to the extent that
it includes the complaintas complaint as a charging document. The
rule recognizes two
grounds for a motion in arrest of judgment: (1) that the indictment, information, or complaint
does not charge an offense; and (2) that the court is without jurisdiction of the offense
charged. These grounds are among the nonwaivable defenses referred to in Rule 12(b)(2).
An attack on the sufficiency of the evidence should be by motion for acquittal under Rule 29; a claim of errors at the trial should be made by motion for a new trial under Rule 33; and defects of form in the indictment, information, or complaint must be raised before trial by motion under Rule 12.
A motion for arrest of judgment should ordinarily be made in writing and served upon the parties and filed. The grounds for the motion are stated in the language of the rule.
Subdivision (b) was amended, effective March 1, 2006, to increase to the time to file a motion to arrest judgment from seven to ten days. Subdivision (b) was amended, effective March 1, 2007, to eliminate the requirement that the trial court decide a motion for extension of time within ten days. Motions for extension of time must be made under Rule 45(b).
Rule 34 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 January 26, 2006, page 10; January 27-28, 2005, page 31; April 24-26, 1973, page 13; December 11-15, 1972, pages 19-20; September 26-27, 1968, pages 17-18; Fed.R.Crim.P. 34.
SUPERSEDED: N.D.C.C. §§ 29-25-01, 29-25-02, 29-25-03, 29-25-04.
CONSIDERED: N.D.C.C. §§ 29-25-05, 29-25-06.
CROSS REFERENCE: N.D.R.Crim.P. 12 (Pleadings and Pretrial Motions); N.D.R.Crim.P. 29 (Motion for a Judgment of Acquittal); N.D.R.Crim.P. 33 (New Trial); N.D.R.Crim.P. 45 (Computing and Extending Time); N.D.R.Crim.P. 47 (Motions); N.D.R.Crim.P. 49 (Serving and Filing Documents).