RULE 29.1 CLOSING ARGUMENT
[Reserved for future
use.]Closing arguments proceed in the following order:
(1) the prosecution argues;
(2) the defense argues; and
(3) the prosecution rebuts.
The Committee recommends that no rule be adopted pertaining to closing
argument, as the
subject is adequately covered by N.D.C.C. § § 29-21-01 and 29-21-02
was adopted, effective ______________, in response to the December 1, 2002, revision of
the Federal Rules of Criminal Procedure. The language and organization of the rule are
intended to make the rule easily understood and to make style and terminology consistent
throughout the rules.
Rule 29.1 is based on Fed.R.Crim.P. 29.1. The order of argument set out in the rule is consistent with longstanding North Dakota practice. Fair and effective administration of justice is best served if the defendant knows the arguments actually made by the prosecution in behalf of conviction before the defendant is faced with the decision whether to reply and what to reply.
SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, page 24; December 7-8, 1978, page 15; October 12-13, 1978, page 9; Fed.R.Crim.P. 29.1.
CONSIDERED: N.D.C.C. §§ 29-21-01 and 29-21-02.