TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 45, N.D.R.Crim.P., Time
Attached are proposed amendments to Rule 45. 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. 45.
Rule 45 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 proposal contains two subtractions: the subdivision on terms of court was deleted because our courts are in continuous session and the subdivision dealing with motions and affidavits was moved to Rule 47, which is the rule on motions. These revisions make Rule 45 and Rule 47 more consistent with their federal counterparts.