Rule 3.3 CHANGE OF JUDGE FOR
POSTJUDGMENT MOTION OR PROCEEDING
Any postjudgment motion or proceeding must be heard by the same judge before whom the underlying matter was heard, subject to the following exceptions:
1) A different judge may hear a postjudgment motion or proceeding if for any reason the original judge is unable to act.
2) A different judge may hear a postjudgment motion or proceeding as provided in N.D.C.C. § 29-15-21(3).
3) In nonfelony cases, a different judge from within the same judicial district may amend or enforce a condition in a judgment or order entered on a verdict or plea of guilty.
Rule 3.3 was adopted, effective March 1, 2000. The rule allows a judge to consolidate proceedings venued in the same county when a misdemeanant violates the conditions of more than one judgment.
SOURCES: Joint Procedure Committee Minutes of September 24-25, 1998, pages 5-6; April 30-May 1, 1998, pages 5-6.
SUPERSEDED: Section 27-05-27, N.D.C.C.