RULE 25. JUDGE--DISABILITY
(a) During Jury Trial.
If, by reason of termination of office, death, sickness, or
disability, the judge before whom a jury trial has commenced is unable to proceed with the
trial, a A successor in office or any other judge regularly
sitting in or assigned to the court
may complete a jury trial if:
(1) the judge before whom the trial began cannot proceed because of termination of office, death, sickness, or other disability; and
(2) the judge completing the trial certifies
, upon certifying
familiarity with the trial record
of the trial, may proceed with and complete the trial.
(b) After Verdict or Finding of Guilt.
(1) In General.
If, by reason of termination of office, absence, death,
sickness, or other
disability, the judge before whom the defendant has been tried is unable to perform the
duties to be performed by the court after After a verdict or finding of guilt, a
office or any other judge regularly sitting in or assigned to the court in
which the action was
tried may perform those complete the court's duties if the
judge who presided at trial cannot
perform those duties because of termination of office, absence, death, sickness, or other
(2) The successor judge may grant a new trial
; but if the substitute judge
is if satisfied that:
(A) a judge other than the one who presided at the trial
he or she
cannot perform those the
post-trial duties; or
(B) a new trial is necessary for
any some other
reason , the substitute judge may order a new
Rule 25 was amended, effective March 1, 1990; March 1, 2006.
Rule 25 is an adaptation of Fed.R.Crim.P. 25, but differs to the extent that it is
be applicable to the court system of North Dakota
as provided by the scope of these
(Rule 1). This Rule Rule 25 covers those situations in which
a judge may become disabled
during a jury trial to the extent that the judge is precluded from completing the trial, and after
trial to the extent the judge is unable to perform those duties necessary following a verdict
of finding of guilt. Rule 25 was amended, effective March 1, 1990. The amendments are
technical in nature and no substantive change is intended.
Rule 25 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (a) describes the instances under which a judge may be disabled from
completing a jury trial. This provision is consistent with N.D.C.C. § 27-02-05.1
(Administration by Supreme Court). It should be noted that
Subdivision subdivision (a)
applies only to jury trials.
Subdivision (b) is applicable to both jury and court trials wherein the judge is unable to
perform the judge's duties
"after a verdict or finding of guilt ".
This subdivision applies only
to judicial disability after trial and not to the inability of the judge to perform after conviction
on a plea of guilty. This provision is also consistent with N.D.C.C. § 27-02-05.1.
SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, pages 20-21;
April 20, 1989, page 4; December 3, 1987, page 15; October 17-20, 1972, pages 24-28;
September 26-27, 1968, pages 13-14; Fed.R.Crim.P. 25
; Wright, Federal Practice and
Procedure: Criminal, § 391-393 (1969); 8 Moore's Federal Practice, Chapter 25 (Cipes,
2d Ed. 1970); A.B.A. Standards for Criminal Justice, Standards Relating to Trial by Jury,
§ 4.3 (Approved Draft, 1968).
SUPERSEDED FOR CRIMINAL PROCESS ONLY: N.D.C.C. § 27-07-23.
CONSIDERED: N.D.C.C. §§ 27-02-05.1, 27-08-34, 27-18-04.1.