TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 38, N.D.R.Crim.P., Stay of Execution and Relief Pending Review
Attached are proposed amendments to Rule 38. The amendments are form and style amendments in the spirit of the December 2002 federal criminal rule amendments and are based on the amendments to Fed.R.Crim.P. 38.
Subdivision (e) is an addition based on the federal rule. The Committee may wish to consider whether it is appropriate to make explicit in the rule the district court's power to stay a restitution order and to enforce compliance with such an order.