RULE 55. RECORDS
The clerk of each court governed by these rules, or the magistrate where there is
shall must keep such records in
of criminal proceedings as may be required by law or by rule
or order of the supreme court. The clerk or magistrate must enter in the records every court
order or judgment and the date of entry.
Rule 55 was amended, effective March 1, 2006.
Rule 55 is an adaptation of
Rule 59 of the Uniform Rules of Criminal
Procedure as adopted
by the National Conference of Commissioners on Uniform State Laws (1952)
55. The Rule rule places the responsibility of keeping the records
of the court with the clerk,
but recognizes that there are many of the lower courts which
that are without the assistance
of a clerk; in those cases the responsibility of keeping the records is upon
on the magistrate.
The Rule rule deals with those records which must be kept as a matter
of law as well as those
records which may be required by the Supreme Court supreme court.
Rule 55 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.
SOURCES: Joint Procedure Committee Minutes of April 28-29, 2005, page 11;
20-23, 1973, pages 1-2; December 10-12, 1970, pages 22-23;
Wright, Federal Practice
Procedure: Criminal, § 881, page 394 (1969); 8A Moore's Federal Practice, Chapter 55,
(Cipes, 2d Ed. 1971); Barron, Federal Practice and Procedure: Criminal, § 2621 (1951);
Rule 59, Uniform Rules of Criminal Procedure, National Conference of Commissioners on
Uniform State Laws (1952) Fed.R.Crim.P. 55.
CONSIDERED: N.D.C.C. §§ 11-17-01, 27-07-28, 27-07-36, 27-07-39, 27-08-10, 27-08-13, Chapters 29-23, 33-12-02, 33-12-12, 33-12-13, 33-12-14, 33-12-15, 33-12-16, 33-12-17.