TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate
Form and style amendments to Fed.R.Crim.P. 5 were approved by Congress in December 2003. Attached is a proposed amended version of N.D.R.Crim.P. 5 which contains form and style amendments in the spirit of the federal amendments. The North Dakota rule is different in several ways from the federal rule, so the federal changes were not copied outright. No substantive change to N.D.R.Crim.P. 5 is intended--instead, the amendments are designed to make the rule more easily understood.
The rationale for the form and style changes proposed for N.D.R.Crim.P. 5 is explained in detail in Sara Selby's memo, which is attached. Also attached is a comparison of the old federal rule and the amended federal rule with commentary on the federal changes.
In the proposed amended rule, outdated material and case citations are deleted from the explanatory note, although the citation to (and discussion of) Miranda v. Arizona is retained.
Subdivision (d) of the rule, on lines 55-56, was approved by the Committee in September 2002 and is being considered by the Supreme Court as part of the 2003 Annual Rules Package.