RULE 10. ARRAIGNMENT
(a) In General. Arraignment must be conducted in open court and consists of:
(1) ensuring the defendant has a copy of the indictment, information, or complaint;
(2) reading the indictment, information, or complaint to the defendant or stating to the defendant the substance of the charge; and then
calling on asking the defendant to plead thereto to the indictment, information or complaint.
If the defendant appears at the arraignment without counsel, the defendant must be informed of the right to counsel as provided in Rule 44.
Defendant's Rights. The defendant must be given a copy of the indictment, information, or complaint before being called upon to plead. If the defendant appears at the arraignment without counsel, the defendant must be informed of the right to counsel as provided in Rule 44. Waiving Appearance. A defendant need not be present for the arraignment if:
(1) the offense charged is punishable by not more than one year of imprisonment;
(2) the defendant, in a written waiver signed by both the defendant and defense counsel, has waived appearance and has affirmed that the defendant received a copy of the indictment, information or complaint, and that the plea is not guilty; and
(3) the court accepts the waiver.
(c) Interactive Television. Interactive television may be used to arraign a defendant if the defendant does not object.
Rule 10 was amended, effective March 1, 1990; March 1, 2004;______________.
Rule 10 follows Fed.R.Crim.P. 10 in substance and controls with respect to all arraignments which arise within the
State state. This Rule differs from the federal rule only in that it includes the complaint as a charging document.
Rule 10 is designed both to safeguard important rights of the defendant as well as to protect proper administration of criminal law. The arraignment is an appearance before the court, intended to inform the accused of the charge against the accused and to obtain an answer from the accused. It is an important step in the criminal case, since it formulates the issue to be tried.
The United States Supreme Court has held, however, that failure
Failure to comply with the requirements of a proper arraignment is an irregularity that does not warrant a reversal of a conviction if not raised before trial.
(Garland v. Washington, 232 U.S. 642, 34 S.Ct. 456, 58 L.Ed. 772 (1914).) Under the Rule rule, no specific time for the arraignment is set and no precise ceremonial or verbal formality need be followed. The superseding of Sections 29-11-56, 29-13-09, and 33-12-15 by this Rule and the entire Chapter 29-11 by Rule 7 is not intended to revive technical objections to criminal proceedings which were available to defendants on appeal prior to the enactment of Chapter 132, North Dakota Session Laws, 1939, Chapter 29-11, N.D.C.C. Rule 10 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 10 was amended, effective March 1, 2004. The existing text of the rule was divided into subdivisions (a) and (b) to improve clarity. Subdivision (c) was added to permit the use of interactive television to conduct the arraignment if the defendant does not object.
Rule 10 was amended, effective ________. The language and organization of the rule were changed to make the rule more easily understandable and to make style and terminology consistent throughout the rules. A new subdivision (b) was added to clarify appearance waiver procedure.
SOURCES: Joint Procedure Committee Minutes of ______________, pages_____; September 26-27, 2002, page 13; April 20, 1989, page 4; December 3, 1987, page 15; March 23-25, 1972, pages 20-23; May 3-4, 1968, pages 8-9; Fed.R.Crim.P. 10
; Wright, Federal Practice and Procedure: Criminal, §161-162 (1969); 8 Moore's Federal Practice, Chapter 10 (Cipes, 2d Ed. 1970); Barron, Federal Practice and Procedure: Criminal, § 1961 (1951).
SUPERSEDED: N.D.C.C. §§ 29-11-56, 29-12-01, 29-13-01, 29-13-03, 29-13-04, 29-13-05, 29-13-06, 29-13-07, 29-13-08, 29-13-09, 33-12-15.
CROSS REFERENCE: N.D.R.Crim.P. 5 - Initial Appearance Before the Magistrate; N.D.R.Crim.P. 43 - Presence of the Defendant; N.D.R.Crim.P. 44 - Right to and Assignment of Counsel.