TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 1, N.D.R.Crim.P., Scope; Rule 54, N.D.R.Crim.P., Application and Exception
Attached are proposed amendments to Rules 1 and 54. The amendments are form and style amendments in the spirit of the December 2002 federal criminal rule amendments and are based in general on the amendments to Fed.R.Crim.P. 1 and 54.
The proposal merges the content of Rules 1 and 54 into Rule 1 and gives Rule 1 a new title, "Scope and Exceptions." The content of Rules 1 and 54 is unique to North Dakota, so the proposed Rule 1 does not mirror Fed.R.Crim.P. 1. However, the rationale behind the merger of the federal rules seems to justify a similar merger of the North Dakota rules: "a statement of the scope of the rules should be placed at the beginning to show readers which proceedings are governed by these rules."