TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: May 1, 2009
RE: Rule 43, N.D.R.Crim.P., Defendant's Presence
At it January meeting, the Committee discussed a proposal by Judge Gail Hagerty to supersede N.D.C.C. 29-22-05, which deals with juror questions and testimony requests. Staff presented a proposal to amend Rule 43 that would have given the trial court discretion to decide how to respond to juror questions and testimony requests.
The Committee rejected the proposal, but instructed staff to prepare amendments to Rule
43 that would incorporate the substance of N.D.C.C. 29-22-05. The new proposal is
attached: the first paragraph of it incorporates the substance of the statute, the second
paragraph would allow the trial court to use a different response method if the defendant and
all counsel agree.