(Alternative 2, N.D.R.Ct.)
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, subject to the following exceptions:
1) A different judge may hear a postjudgment motion or proceeding if for any reason the original judge is unable to act.
2) A different judge may hear a postjudgment motion or proceeding as provided in N.D.C.C. § 29-15-21(3).
3) A different judge from within the same judicial district may amend or enforce a condition in a criminal judgment or order deferring imposition of sentence entered upon a verdict or plea of guilty to a misdemeanor.
Rule 3.3 was adopted, effective _____________________. The rule allows a judge to consolidate proceedings venued in the same county when a misdemeanant violates the conditions of more than one judgment.
SOURCES: Procedure Committee Minutes of ___________________________.
SUPERSEDED: Section 27-05-27, NDCC.