TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 41, N.D.R.Crim.P., Search and Seizure
Staff has prepared amendments to Rule 41 based on the time computation amendments made to the federal rules. The principal simplifying innovation is to count all days, including intermediate weekends and holidays, in computing time periods under the procedural rules. Under the previous rules, intermediate weekends and holidays were omitted when computing short periods but included when computing longer periods. Under the amended rules, intermediate weekends and holidays are counted regardless of the length of the specified period.
To further simplify time-counting, the federal advisory committees proposed changing most periods of less than 30 days to multiples of 7 days. The advisory committees adopted 7, 14, 21, and 28-day periods when possible, so that deadlines will usually fall on weekdays.
In subparagraph (c)(1)(D), line 29, the time period for an officer to search for the property or person specified in the warrant was increased from 10 to 14 days.
Some form and style amendments were also proposed.
The proposed amendments to Rule 41 are attached.