RULE 2. PURPOSE AND CONSTRUCTION
Rules are to be interpreted intended to provide for the just determination of every criminal proceeding, . They shall be construed to secure simplicity in procedure and , fairness in administration, and to eliminate the elimination of unjustifiable expense and delay.
Rule 2 was amended, effective ___________.
Rule 2 is adapted from Fed.R.Crim.P. 2, and contains language similar to that found in N.D.R.Civ.P. 1, which states, "They [the N.D.R.Civ.P.] shall be construed to secure the just, speedy and inexpensive determination of every action."
Rule 2 requires that these rules
Rules be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.
Rules have the force and effect of law. All prior conflicting statutes and decisions must give way to these rules Rules, but no substantive right given by law is divested or taken away by them (N.D.C.C. §§ 27-02-08 through 27-02-10). The rules Rules are not to be applied ritualistically, but are to be construed in the flexible spirit contemplated by law. [United States v. Rizzo, 362 F.2d 97, 99 (7th Cir. 1966).]
Rule 2 was amended, effective ______________, 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 24-25, 2003, pages__; April 24-26, 1973, page 7; January 27-29, 1972, page 4; November 17-18, 1967, page 1; Fed.R.Crim.P. 2
; Wright, Federal Practice and Procedure: Criminal, § 31-32 (1969); 8 Moore's Federal Practice, Chapter 2 (Cipes, 2d Ed. 1970); Barron, Federal Practice and Procedure: Criminal, § 1831-1832 (1951).
CONSIDERED: N.D.C.C. §§ 27-02-08 through 27-02-10.