TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 9, N.D.R.Crim.P., Warrant or Summons Upon Indictment or Information
Form and style amendments to Fed.R.Crim.P. 9 were approved by Congress in December 2002. Attached is a proposed amended version of N.D.R.Crim.P. 9 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. The explanatory note has also been edited for style and to remove dated references. No substantive change to N.D.R.Crim.P. 9 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. 9 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.