TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 46, N.D.R.Crim.P., Release from Custody
Attached are proposed amendments to Rule 46. The amendments are form and style amendments in the spirit of the December 2002 federal criminal rule amendments and are based, in general, on the amendments to Fed.R.Crim.P. 46.
Rule 46 contains a substantial amount of 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 Committee recently looked at Rule 46's surety provisions and approved the changes on lines 117-174. These proposed changes have not yet been sent to the Supreme Court.