TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 41, N.D.R.Crim.P., Search and Seizure
Attached are proposed amendments to Rule 41. 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. 41.
Rule 41 contains some material not included in the federal rule. Revisions to this material are based on the federal court rule drafting guidelines and the North Dakota legislative drafting guidelines.
The proposed changes are fairly extensive. In general, the organization of the rule is changed to set out something like a step-by-step process. The language of the rule is also tightened up.