RULE 54. APPLICATION AND EXCEPTION
(a) Courts. These rules govern the practice and procedure in all criminal
proceedings in the
courts of this state as prescribed in N.D.R.Crim.P. 1.
(1) Habeas corpus. These rules do not apply to proceedings on any application for a
of habeas corpus had in the courts of this state pursuant to N.D.C.C. ch. 32-22, or N.D.C.C.
ch. 25-03.1, nor to such other habeas corpus proceedings as may be authorized by the laws
and decisions of the supreme court of this state or of the Supreme Court of the United States
as may be controlling upon the courts of this state.
(2) Peace bonds. These rules do not alter the power of magistrates authorized by
law to act
within the county to take and hold security for the prevention of a public offense, or of a
district judge to dispose of such peace bonds as provided by N.D.C.C. ch. 29-02. However,
these rules are applicable to procedure under N.D.C.C. ch. 29-02, so far as they are not
(3) Tuberculosis board and mental health commitment proceedings. These rules do
apply to proceedings had for the purpose of determining whether a proposed patient should
be ordered committed to the state hospital at Jamestown or any other hospital or school for
the mentally ill or mentally deficient or tubercular persons as may be authorized by N.D.C.C.
tit. 25, or other laws.
(4) Other proceedings. These rules do not apply to:
(i) Extradition and rendition of fugitives;
(ii) Forfeiture of property for violation of a statute of this state;
(iii) The collection of fines and penalties;
(iv) Proceedings under the Uniform Juvenile Court Act, N.D.C.C. ch. 27-20;
(v) An action to determine paternity of a child born out of wedlock as provided by
N.D.C.C. ch. 14-17.
The contents of Rule 54
follows the form of the Federal Rule and is
intended to frame the
applicability of these Rules were transferred to Rule 1, effective March 1,
Subdivision (a) provides that these Rules govern "all criminal *** proceedings in
of this State as prescribed in Rule 1" (Scope) except as otherwise provided in subdivision
(b). "Proceedings" is defined as meaning "all possible steps in the criminal case from its
inception to judgment and sentence." (See United States v. Choate, 276 F.2d 724, 727 n.6,
86 A.L.R.2d 1337 (5th Cir. 1960), rehearing denied, June 1960.)
Subdivision (b) enumerates those procedures which are not applicable to these
Subdivision (b)(1) recognizes that Habeas Corpus is not a criminal proceeding but
an independent and collateral inquiry into the validity of a conviction. (See N.D.C.C. chs.
Subdivision (b)(2) provides that these Rules shall apply to peace bond procedures
in conflict with N.D.C.C. ch. 29-02.
Subdivision (b)(3) excludes Tuberculosis Board and Mental Health Commitment
proceedings from consideration under the Criminal Rules. (See N.D.C.C. tit. 25).
Subdivision (b)(4) excludes certain other procedures which are either civil in
cannot be classified as either civil or criminal:
(i) extradition or rendition of fugitives (N.D.C.C. ch. 29-30);
(ii) the collection of fines and penalties (See N.D.R.Civ.P. 69);
(iii) proceedings under the Uniform Juvenile Court Act (See N.D.C.C. ch. 27-20)
the juvenile is not being proceeded against as a juvenile; and
(iv) action to determine the paternity of a child born out of wedlock (N.D.C.C. ch.
The phrase "by statute and" was deleted from N.D.R.Crim.P. 1, effective March 1,
to eliminate the conflict that occasionally occurred between rules and statutes. The
amendment was not intended to delete any procedural rules in statutes that are not covered
by court rules.
SOURCES: Joint Procedure Committee Minutes of November 7-8, 1991, page 14;
December 7-8, 1978, pages 28-30; October 12-13, 1978, page 15; April 24-26, 1973, page
17; February 20-23, 1973, pages 13-17; November 18-20, 1971, pages 26-31; December 10-12,
1970, pages 19-22; Fed.R.Crim.P. 54; Wright, Federal Practice and Procedure: Criminal
§ § 1871-1874 (1969); 8A Moore's Federal Practice, Chapter 54 (Cipes, 2d Ed.
1971); Barron, Federal Practice and Procedure: Criminal § 2611 (1951).
Superseded: N.D.C.C. § 40-18-11.
Considered: N.D.C.C. chs. 25-03, 25-05, 27-20, 29-02, 32-22, 32-36.