COURTS ALWAYS WHEN COURT IS OPEN The courts A court governed by these rules shall be deemed is considered always open for the purpose of any filing any proper paper, of and for issuing and returning process, and of making motions and orders a motion, or entering an order.
Rule 56 was amended, effective____________.
Rule 56 is an adaptation of
Rule 60 of the Uniform Rules of Criminal Procedure drafted by the National Conference of Commissioners on Uniform State Laws (1952) and follows closely the provisions of Fed.R.Crim.P. 56.
The language of the
Rule which provide rule stating that the "courts a court governed by these Rules shall be deemed is considered always open " means that they have a court has the power to act at any time. [See 8A Moore's Federal Practice, Chapter 56, page 56-2 (Cipes, 2d Ed. 1972), citing 1948 Reviser's Notes to 28 U.S.C. § 452.] Similar language may be found in N.D.R.Civ.P. 77 (a) and N.D.R.App.P. 45 (a).
Rule 56 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 ______________ pages ____; April 24-26, 1973, pages 17-18; February 20-23, 1973, pages 2-3; December 10-12, 1970, page 23; Fed.R.Crim.P. 56
; Wright, Federal Practice and Procedure: Criminal, § 891 (1969); 8A Moore's Federal Practice, Chapter 56 (Cipes, 2d Ed. 1972); Rule 60, Uniform Rules of Criminal Procedure, adopted by the National Conference of Commissioners on Uniform State Laws (1952); Section 22, North Dakota Constitution.
SUPERSEDED: N.D.C.C. §§ 27-01-03, 27-07-15, 29-01-11, 40-18-04.
SUPERSEDED FOR CRIMINAL PROCESS ONLY: N.D.C.C. § 27-05-07.
Considered: N.D.C.C. § 33-01-02.
CROSS REFERENCE: N.D.R.Civ.P. 77(District Courts and Clerks); N.D.R.App.P. 45 (Duties of Clerk).