Proposed Amendments to North Dakota Rules

Proposed Amendments to North Dakota Rules - 20050215

Proposed Amendments to North Dakota Court Rules
Supreme Court Docket No. 20050215

Pages and lines are numbered in the printed document. Copies of the printed rules may be requested from Penny Miller, Clerk of the Supreme Court - .

Questions may be directed to Staff Attorney Mike Hagburg - .

Click here for information on filing comments on the proposed rules.

TABLE OF CONTENTS

I. Petition for adoption, amendment, or repeal of court rules

II. Synopsis of proposed amendments

III. Amendments Proposed by Joint Procedure Committee

A. North Dakota Rules of Criminal Procedure

Rule 1 - Scope
Rule 2 - Purpose and Construction
Rule 3 - The Complaint
Rule 4 - Arrest Warrant or Summons Upon Complaint
Rule 5 - Initial Appearance Before the Magistrate
Rule 5.1 - Preliminary Examination
Rule 7 - The Indictment and the Information
Rule 8 - Joinder of Offenses and of Defendants
Rule 9 - Warrant or Summons Upon Indictment or Information
Rule 10 - Arraignment
Rule 11 - Pleas
Rule 12 - Pleadings and Motions Before Trial; Defenses and Objections
Rule 12.1 - Notice of Alibi
Rule 12.2 - Notice of Defense Based on Mental Condition
Rule 13 - Trial Together of Indictments or Informations or Complaints
Rule 14 - Relief from Prejudicial Joinder
Rule 15 - Depositions
Rule 16 - Discovery and Inspection
Rule 17 - Subpoena
Rule 17.1 - Omnibus Hearing and Pretrial Conference
Rule 18 - Place of Trial or Hearing
Rule 19 - Transfer Within District
Rule 20 - Transfer from the County for Plea and Sentence
Rule 21 - Transfer from the County or Municipality for Trial
Rule 22 - Time of Motion to Transfer
Rule 23 - Trial by Jury or by Court
Rule 23.1 - Jury Expenses
Rule 24 - Trial Jurors
Rule 24.1 - Demand for Change of Trial Judge
Rule 25 - Judge - Disability
Rule 26 - Evidence
Rule 26.1 - Foreign Law
Rule 27 - Proof of Official Record
Rule 28 - Expert Witnesses and Interpreters
Rule 29 - Motion for Judgment of Acquittal
Rule 29.1 - Closing Argument
Rule 30 - Instructions
Rule 31 - Verdict
Rule 32 - Sentence and Judgment
Rule 32.1 - Deferred Imposition of Sentence
Rule 33 - New Trial
Rule 34 - Arrest of Judgment
Rule 35 - Correction or Reduction of Sentence
Rule 36 - Clerical Mistakes
Rule 37 - Appeal as of Right to District Court; How Taken
Rule 38 - Stay of Execution and Relief Pending Review
Rule 41 - Search and Seizure
Rule 43 - Presence of the Defendant
Rule 44 - Right to and Appointment of Counsel
Rule 45 - Time
Rule 46 - Release from Custody
Rule 47 - Motions
Rule 48 - Dismissal
Rule 49 - Service and Filing of Papers
Rule 50 - Calendars
Rule 51 - Exceptions Unnecessary
Rule 52 - Harmless Error and Obvious Error
Rule 53 - Regulation of Conduct in the Courtroom
Rule 54 - Application and Exception
Rule 55 - Records
Rule 56 - Courts Always Open
Rule 57 - Practice When Procedure Not Specified
Rule 58 - Appendix of Forms
Rule 59 - Effective Date - Statutes Superseded
Form 9 - Conditions for Sentence to Probation, Deferred or Suspended Sentence

B. North Dakota Rules of Court

Rule 11.2 - Withdrawal of Attorneys

C. North Dakota Supreme Court Administrative Rules

Order 16 - Electronic Filing Pilot Project for the District Courts