TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 12, N.D.R.Crim.P., Pleadings and Pretrial Motions Before Trial; Defenses and Objections
Form and style amendments to the Federal Rules of Criminal Procedure took effect December 1, 2002. Attached are proposed amendments to N.D.R.Crim.P. 12 which are in the spirit of the federal form and style amendments. The primary purpose of the amendments are to make the rule easier to navigate and understand.
Rule 12 tracked the pre-revision of Fed.R.Crim.P. 12 very closely. Consequently, the revisions to Rule 12 track the federal revisions very closely. This has resulted in a reshuffling of the rule, with more detail in some parts and terser language in others.
One significant form change is that the language in subdivision (d) on notice of intent to use evidence is moved into subdivision (b). The federal changes in the language related to recording the proceedings in subdivision (f) are not incorporated in the proposed changes to the North Dakota rule. Likewise, subdivision (h) of the federal rule is not incorporated in the proposed rule for the reasons outlined in the explanatory note.
Amendments to the explanatory note are also proposed, both to explain the changes to the rule text and to eliminate what seem to be obsolete items. Because the rule was reorganized in places, the explanatory note is reshuffled as well.
The proposed amendments to Rule 12 are attached.