( Alternative 1, N.D.R.Ct.,
Previous Draft)
RULE 3.3 CHANGE OF JUDGE FOR
POSTJUDGMENT MOTION OR PROCEEDING
Any motion for a new trial, settlement of a proposed case, judgment notwithstanding the verdict, or vacation or modification of an order, judgment, or other proceeding, must be presented and heard before the judge before whom the matter was heard, considered, or determined, 1) unless for any reason the judge is unable to act; 2) except asinglejudge may amend or enforcethe conditionsa condition ofall unsatisfied judgments of a misdemeananta criminal judgment or an order regardless of whether the judge ordered entry ofallthejudgmentsjudgment or order; or 3) except as provided by subsection 3 of section 29-15-21, NDCC.
EXPLANATORY NOTE
Rule 3.3 was adopted effective_________________. The Rule supersedes Section 27-05-27, NDCC. The provision allowing a judge to amend a misdemeanor judgment ordered by another judge is intended to allow consolidation of the proceedings when a misdemeanant has failed to satisfy the conditions of more than one judgment.
SOURCES: Procedure Committee Minutes of____________________.
STATUTES AFFECTED:
SUPERSEDED: Section 27-05-27, NDCC.