RULE 10. ARRAIGNMENT
(a) In General. Arraignment must be conducted in open court and consists of reading the indictment, information, or complaint to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto.
(b) Defendant's Rights. The defendant must be given a copy of the indictment, information, or complaint before being called upon to plead. If the defendant appears at the arraignment without counsel, the defendant must be informed of the right to counsel as provided in Rule 44.
(c) Interactive Television. Interactive television may be used to arraign a defendant if the defendant consents.
Rule 10 follows
Federal Rule Fed.R.Crim.P. 10 in substance and
controls with respect to
all arraignments which arise within the State. This Rule differs from the Federal
rule only in that it includes the complaint as a charging document.
Rule 10 is designed both to safeguard important rights of the defendant as well as to protect proper administration of criminal law. The arraignment is an appearance before the court, intended to inform the accused of the charge against the accused and to obtain an answer from the accused. It is an important step in the criminal case, since it formulates the issue to be tried. The United States Supreme Court has held, however, that failure to comply with the requirements of a proper arraignment is an irregularity that does not warrant a reversal of a conviction if not raised before trial. (Garland v. Washington, 232 U.S. 642, 34 S.Ct. 456, 58 L.Ed. 772 (1914).) Under the Rule no specific time for the arraignment is set and no precise ceremonial or verbal formality need be followed.
The superseding of Sections 29-11-56, 29-13-09, and 33-12-15 by this Rule and the entire Chapter 29-11 by Rule 7 is not intended to revive technical objections to criminal proceedings which were available to defendants on appeal prior to the enactment of Chapter 132, North Dakota Session Laws, 1939, Chapter 29-11, N.D.C.C.
Rule 10 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 10 was amended, effective March 1, 2004. The existing text of the rule was divided into subdivisions (a) and (b) to improve clarity. Subdivision (c) was added to permit the use of interactive television to conduct the arraignment if the defendant consents.
SOURCES: Joint Procedure Committee Minutes of September 26-27, 2002, page 13; April 20, 1989, page 4; December 3, 1987, page 15; March 23-25, 1972, pages 20-23; May 3-4, 1968, pages 8-9; Fed.R.Crim.P. 10; Wright, Federal Practice and Procedure: Criminal, §161-162 (1969); 8 Moore's Federal Practice, Chapter 10 (Cipes, 2d Ed. 1970); Barron, Federal Practice and Procedure: Criminal, § 1961 (1951).
SUPERSEDED: N.D.C.C. §§ 29-11-56, 29-12-01, 29-13-01, 29-13-03, 29-13-04, 29-13-05, 29-13-06, 29-13-07, 29-13-08, 29-13-09, 33-12-15.
CROSS REFERENCE: N.D.R.Crim.P. 5 -Initial Appearance Before the Magistrate; N.D.R.Crim.P. 43 -Presence of the Defendant; N.D.R.Crim.P. 44.-Right to and Assignment of Counsel.