IN THE SUPREME COURT
STATE OF NORTH DAKOTA
| Joint Procedure Committee, Petitioner, | ) ) ) ) | PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF COURT RULES |
TO: The Supreme Court of the State of North Dakota:
The Joint Procedure Committee petitions the Supreme Court, under N.D.R.Proc.R. § 3, for an order adopting the following proposals:
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 DateStatutes Superseded
Form 9 - Conditions for Sentence to Probation, Deferred or Suspended Sentence
North Dakota Rules of Court
Rule 11.2 - Withdrawal of Attorneys
North Dakota Supreme Court Administrative Rules
Order 16 - Electronic Filing Pilot Project for the District Courts
This petition is supported by the attached material containing the proposed rules, proposed explanatory notes, and synopsis of the proposals.
Dated _______________________________, 2005.
Members of the Joint Procedure Committee:
| Honorable Georgia Dawson | Mr. John C. Kapsner |
| Honorable Donovan Foughty | Mr. Daniel S. Kuntz |
| Honorable M. Richard Geiger | Mr. Galen J. Mack |
| Honorable Gail Hagerty | Ms. Jeanne McLean |
| Honorable Debbie Gordon Kleven | Mr. Ronald H. McLean |
| Honorable David W. Nelson | Ms. Sherry Mills Moore |
| Honorable Allan L. Schmalenberger | Mr. Stephen W. Plambeck |
| Honorable Thomas J. Schneider | Mr. Bruce D. Quick |
| Honorable Mikal Simonson | Ms. Cathy Howe Schmitz |
| Mr. Michael G. Sturdevant |
_______________________________
Justice Dale V. Sandstrom
Chair