TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 57, N.D.R.Crim.P., Practice when Procedure Not Specified
Attached are proposed amendments to Rule 57. The amendments are form and style amendments in the spirit of the December 2002 federal criminal rule amendments.
Rule 57 is based on Fed.R.Crim.P. 57(b) -- the rest of the federal rule deals with local rules by district courts. The proposal contains new language based on the language of the federal rule. The new language bars courts from sanctioning parties for violating non-codified local court requirements if the parties have no notice of the requirement.