TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 3, N.D.R.Crim.P., The Complaint; Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate; Rule 7, N.D.R.Crim.P., The Indictment and the Information.
The North Dakota Association of Counties is proposing the amendment of an assortment of criminal statutes. The primary change is an amendment to N.D.C.C. § 29-04-05 that would delete the statute's current language and substitute this: "A prosecution is commenced when a citation is filed, when a complaint is filed, when an information is filed, or when a grand jury indictment is returned."
The Association of Counties has proposed amendments to Rules 3, 5 and 7 to implement this statutory amendment in the rules. A copy of an e-mail from Aaron Birst, including the rule and statutory amendment proposals, is attached.
The proposed amendments to Rule 5 may need special attention depending on how the Committee decided to handle the Rule 5 changes proposed by Ladd Erickson.
Staff has prepared proposed amendments to Rules 3, 5 and 7 consistent with the
Association of Counties draft. These proposals are attached.