RULE 1. SCOPE AND EXCEPTIONS
Except as otherwise provided in N.D.R.Crim.P. 54, these (a) Scope.
These rules govern the
practice and procedure in all criminal proceedings in the district courts and, so far as
applicable, in all other courts, including prosecutions for violations of municipal ordinances
and prosecutions for contempt when punitive sanctions are sought in a nonsummary
(b) Excepted Proceedings.
(1) Habeas Corpus. These rules do not apply to proceedings on any application for a writ of habeas corpus under N.D.C.C. ch. 32-22, or N.D.C.C. ch. 25-03.1, nor to other habeas corpus proceedings authorized by law.
(2) Peace Bonds. These rules do not alter the power of magistrates authorized by law to act within the county to take and hold security for the prevention of a public offense, or of a district judge to dispose of such peace bonds as provided by N.D.C.C. ch. 29-02. However, these rules apply to procedure under N.D.C.C. ch. 29-02, so far as they are consistent with this chapter.
(3) Commitment Proceedings. These rules do not apply to proceedings for determining whether a proposed patient should be ordered committed to the state hospital at Jamestown or any other hospital or school under N.D.C.C. title 25 or other laws.
(4) Other Proceedings. These rules do not apply to:
(A) extradition and rendition of fugitives;
(B) forfeiture of property for violation of a statute of this state;
(C) the collection of fines and penalties;
(D) proceedings under the Uniform Juvenile Court Act, N.D.C.C. ch. 27-20; or
(E) an action to determine paternity of a child born out of wedlock as provided by N.D.C.C. ch. 14-17.
Rule 1 was amended, effective March 1, 1992; March 1, 1994; ______________.
Rule 1 defines the scope of the North Dakota Rules of Criminal
Rules with reference made
to the express limitations as provided in N.D.R.Crim.P. 54 Procedure. These
Rules rules are
designed primarily for the district courts, but have been are also
designed in such a way that
they to provide the necessary machinery for all State
state courts having with original
jurisdiction. This includes the municipal courts with respect
to court prosecutions for
violations of municipal ordinances. The Rules rules apply to
"all criminal proceedings ", and
the term "proceedings" includes "all possible steps in the case from its
inception to judgment
and sentence " [see United States v. Choate, 276 F.2d 724, 727 n. 7, 86 A.L.R.2d 1337
Cir. 1960), rehearing denied June 1960]. Although the vast bulk of statutory procedure
superseded by the Rules rules, those deemed to be without the
scope of the Rule statutes
containing procedure beyond the scope of a rule, but necessary in addition
supplemental to the procedure under a rule, are listed as Considered
"considered." (see Table
of Statutes Affected).
Subdivision (b) lists proceedings that are not governed by these rules.
Paragraph (b)(1) recognizes that habeas corpus is not a criminal proceeding but an independent and collateral inquiry into the validity of a conviction. (See N.D.C.C. chs. 32-22, 25-03.1)
Paragraph (b)(2) provides that these rules shall apply to peace bond procedures when this is consistent with N.D.C.C. ch. 29-02.
Paragraph (b)(3) excludes commitment proceedings from these rules. (See N.D.C.C. tit. 25).
Paragraph (b)(4) excludes certain other procedures which are either civil in nature or cannot be classified as either civil or criminal, including:
(1) extradition or rendition of fugitives (N.D.C.C. ch. 29-30.3);
(2) the collection of fines and penalties (See N.D.R.Civ.P. 69);
(3) proceedings under the Uniform Juvenile Court Act (See N.D.C.C. ch. 27-20); and
(4) actions to determine the paternity of a child born out of wedlock (N.D.C.C. ch. 14-17).
Rule 1 was amended, effective March 1, 1992. The phrase "by statute and" was deleted to
eliminate the conflict that occasionally occurred between rules and statutes. The amendment
was not intended to delete any procedural rules in statutes that are not covered by court rules.
See City of Fargo v. Dawson, 466 N.W.2d 584, 586 n. 4 (N.D. 1991).
Rule 1 was amended, effective March 1, 1994, to provide that
Rules these rules
apply to nonsummary contempt proceedings when punitive sanctions are sought.
Rule 1 was amended, effective ______________, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. As part of this amendment, subdivision (b) was transferred to Rule 1 from Rule 54.
SOURCES: Joint Procedure Committee Minutes of April 28-29, 2005, page 13;
1993, pages 2-3; October 29-30, 1992, page 7; November 7-8, 1991, page 14; January 27-29,
1972, pages 1-3; January 26-27, 1968, page 1; November 17-18, 1967, page 1;
Fed.R.Crim.P. 1 , page 144; Wright, Federal Practice and Procedure: Criminal, §
Superseded: N.D.C.C. § 40-18-11.
Considered: N.D.C.C. chs. 25-03.1. 25-03.2, 25-03.3, 25-04, 27-20, 29-02, 32-22.
CROSS REFERENCE: N.D.R.Civ.P. 69 (Execution); N.D.R.Ct. 8.10 (Writs).