SYNOPSIS OF PROPOSED AMENDMENTS
A. North Dakota Rules of Criminal Procedure
An amendment is proposed transferring the exceptions previously listed in Rule 54. Form and style changes, an update of the explanatory note, and a change of the title to "Scope and Exceptions" are also proposed.
Rule 2 - Purpose and Construction
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 4 - Arrest Warrant or Summons Upon Complaint
Form and style changes and an update of the explanatory note are proposed.
Rule 5 - Initial Appearance Before the Magistrate
Form and style changes and an update of the explanatory note are proposed.
Rule 5.1 - Preliminary Examination
An amendment to subdivision (c) is proposed to clarify that a verbatim record of the preliminary examination is required. Form and style changes and an update of the explanatory note are also proposed.
Rule 7 - The Indictment and the Information
Form and style changes and an update of the explanatory note are proposed.
Rule 8 - Joinder of Offenses and of Defendants
Form and style changes, an update of the explanatory note, and a change of title to "Joinder of Offenses or Defendants" are proposed.
Rule 9 - Warrant or Summons Upon Indictment or Information
An amendment to subdivision (c) is proposed simplifying instructions for return of the warrant or summons. Form and style changes and an update of the explanatory note are also proposed.
Form and style changes and an update of the explanatory note are proposed.
Adding a new subdivision (g) on harmless error is proposed. Form and style changes and an update of the explanatory note are also proposed.
Rule 12 - Pleadings and Motions Before Trial; Defenses and Objections
An amendment to subdivision (b) is proposed that would create a mechanism for the prosecution to disclose evidence it plans to use at trial. Form and style changes, an update of the explanatory note, and a change of the title to "Pleadings and Pretrial Motions" are also proposed.
Form and style changes, an update of the explanatory note, and a change of title to "Notice of Alibi Defense" are proposed.
Rule 12.2 - Notice of Defense Based on Mental Condition
An amendment to subdivision (c) is proposed expanding protections against admission of evidence related to mental examinations. Form and style changes, an update of the explanatory note, and a change of the title to "Notice of Defense Based on Mental Condition; Mental Examination" are also proposed.
Rule 13 - Trial Together of Indictments or Informations or Complaints
Form and style changes, an update of the explanatory note, and a change of title to "Joint Trial of Separate Cases" are proposed.
Rule 14 - Relief from Prejudicial Joinder
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 16 - Discovery and Inspection
Amendments are proposed to allow reciprocal disclosure of expert witness information. Form and style changes and an update of the explanatory note are also proposed.
An amendment to subdivision (d) is proposed, simplifying service instructions and eliminating reference to outmoded forms of service. Form and style changes and an update of the explanatory note are also proposed.
Rule 17.1 - Omnibus Hearing and Pretrial Conference
Form and style changes and an update of the explanatory note are proposed.
Rule 18 - Place of Trial or Hearing
Form and style changes, an update of the explanatory note, and a change of title to "Location of Trial or Hearing" are proposed.
Rule 19 - Transfer Within District
An amendment deleting subdivision (b) is proposed because the subdivision is unnecessary. Form and style changes and an update of the explanatory note are also proposed.
Rule 20 - Transfer from the County for Plea and Sentence
Form and style changes and an update of the explanatory note are proposed.
Rule 21 - Transfer from the County or Municipality for Trial
Form and style changes, an update of the explanatory note, and a change of title to "Transfer from the County for Trial" are proposed.
Rule 22 - Time of Motion to Transfer
Deletion of this rule is proposed because any guidelines it provides are open ended and discretionary.
Rule 23 - Trial by Jury or by Court
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 24.1 - Demand for Change of Trial Judge
An update of the explanatory note is proposed.
Form and style changes and an update of the explanatory note are proposed.
An amendment is proposed to delete a sentence in the text of the rule referring to the North Dakota Rules of Evidence. Form and style changes, an update of the explanatory note, and a change of the title to "Taking Testimony" are also proposed.
Form and style changes, an update of the explanatory note, and a change of the title to "Foreign Law Determination" are proposed.
Rule 27 - Proof of Official Record
Form and style changes and an update of the explanatory note are proposed.
Rule 28 - Expert Witnesses and Interpreters
An amendment is proposed to delete material on expert witnesses because N.D.R.Ev. covers the topic of expert witnesses in detail. Form and style changes, an update of the explanatory note, and a change of the title to "Interpreters" are also proposed.
Rule 29 - Motion for Judgment of Acquittal
An amendment is proposed to add a subdivision allowing the court to reserve decision on a motion for judgment of acquittal. Further amendment is proposed to add a subdivision on containing guidelines for a conditional ruling on a motion for new trial. Form and style changes, an update of the explanatory note, and a change of the title to "Motion for a Judgment of Acquittal" are also proposed.
Adoption of the federal language on order of argument in closing argument is proposed for this "reserved for future use" rule.
Amendments are proposed to make the substance, form and style of the rule consistent with N.D.R.Civ.P. 51, which was amended effective March 1, 2005. A change in title to "Jury Instructions" is also proposed.
An amendment is proposed to clarify that a jury may return partial verdicts, either to multiple counts or multiple defendants or both. Form and style changes, an update of the explanatory note, and a change of the title to "Jury Verdict" are also proposed.
Rule 32 - Sentence and Judgment
An amendment is proposed to allow probation revocation hearings to be transferred under the procedure set out in Rule 20. Form and style changes, an update of the explanatory note, and a change of the title to "Sentencing and Judgment" are also proposed.
Rule 32.1 - Deferred Imposition of Sentence
Form and style changes and an update of the explanatory note are proposed.
Amendments are proposed eliminating the "30 days after discovery" time limit on motions for new trial based on newly discovered evidence and changing the 7-day time limit for other new trial motions to 10-days. Form and style changes and an update of the explanatory note are also proposed.
An amendment is proposed changing the 7-day time limit for a motion to 10-days. Form and style changes, an update of the explanatory note, and a change of the title to "Arresting Judgment" are proposed.
Rule 35 - Correction or Reduction of Sentence
An amendment is proposed to give the sentencing discretion to correct a clear error in a sentence. Form and style changes, an update of the explanatory note, and a change of the title to "Correcting or Reducing a Sentence" are also proposed.
Form and style changes, an update of the explanatory note, and a change of the title to "Clerical Error" are proposed.
Rule 37 - Appeal as of Right to District Court; How Taken
Minor form and style changes and an update of the explanatory note are proposed.
Rule 38 - Stay of Execution and Relief Pending Review
An amendment is proposed to delete the paragraph allowing stay of a death sentence. Addition of a new subdivision on stays of restitution orders is proposed. Form and style changes and an update of the explanatory note are also proposed.
An amendment is proposed to eliminate the requirement for immediate transcription of the voice record when a warrant is given upon remote communication. Form and style changes and an update of the explanatory note are also proposed.
Rule 43 - Presence of the Defendant
An amendment is proposed to change the order of subdivisions in the rule to "When Required," "When Not Required," and "Continued Presence." Additional form and style changes, an update of the explanatory note, and a change of the title to "Defendant's Presence" are also proposed.
Rule 44 - Right to and Appointment of Counsel
An amendment is proposed which would add a new subdivision to the rule explaining the court's duties when there is joint representation of multiple defendants. Form and style changes and an update of the explanatory note are also proposed.
An amendment is proposed specifically defining the term "legal holiday." Deletion of an obsolete subdivision on terms of court and transfer of a subdivision on motions to Rule 47 - Motions is proposed. Form and style changes, an update of the explanatory note, and a change of the title to "Computing and Extending Time" are also proposed.
Rule 46 - Release from Custody
Amendments are proposed to the part of the ruling dealing with sureties. Added are a provision requiring automatic suspension of sureties that fail to pay forfeited bail; a mechanism for notifying sureties of bail forfeiture orders; and a new procedure for seeking to excuse forfeiture orders. Form and style changes and an update of the explanatory note are also proposed.
The transfer of subdivisions relating to "Timing of a Motion" and "Affidavit Supporting a Motion" from Rule 45 is proposed. Form and style changes and an update of the explanatory note are also proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 49 - Service and Filing of Papers
Amendments are proposed substituting the term "document" for "paper" throughout the rule. Form and style changes, an update of the explanatory note, and a change of the title to "Serving and Filing Documents" are also proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 51 - Exceptions Unnecessary
An update to the explanatory note is proposed.
Rule 52 - Harmless Error and Obvious Error
Form and style changes, an update of the explanatory note, and a change of the title to "Harmless and Obvious Error" are proposed.
Rule 53 - Regulation of Conduct in the Courtroom
An amendment is proposed to expand the content of this repealed rule's explanatory note to more fully describe where the rule's prior content can be found.
Rule 54 - Application and Exception
An amendment is proposed transferring the content of this rule to Rule 1.
An amendment is proposed to require the clerk to enter all orders and judgments into the record. Form and style changes and an update of the explanatory note are also proposed.
Form and style changes, an update of the explanatory note, and a change of the title to "When Court is Open" are proposed.
Rule 57 - Practice When Procedure Not Specified
An amendment is proposed to prohibit a court from sanctioning a party for violation of a court's own requirement or policy without actual notice of the requirement. Form and style changes and an update of the explanatory note are also proposed.
Form and style changes and an update of the explanatory note are proposed.
Rule 59 - Effective Date - Statutes Superseded
Amendments are proposed to clarify how the amendment or addition of a rule will affect a criminal proceeding.
Form 9 - Conditions for Sentence to Probation, Deferred or Suspended Sentence
Substantial amendment and reorganization is proposed in accordance with recommendations by the Department of Corrections and Rehabilitation. The most significant change is the addition of a group of sex offender conditions.
B. North Dakota Rules of Court
Rule 11.2 - Withdrawal of Attorneys
An amendment is proposed to clarify that, once an appeal is filed, attorneys must file any motion to withdraw with the supreme court clerk.
C. North Dakota Supreme Court Administrative Rules
Order 16 - Electronic Filing Pilot Project for the District Courts
A new pilot project order providing guidelines for electronic filing in the district courts is proposed.