RULE 59. EFFECTIVE DATE; STATUTES SUPERSEDED
Effective Date: 4/24/1973
Obsolete Date: 3/1/2006
(a) Effective Date. These Rules will take effect on November 1, 1973.They govern all criminal proceedings thereafter commenced and so far as just and practicable all proceedings then pending.
(b) Statutes Superseded. Upon the taking effect of these Rules, all statutes and parts of statutes in conflict herewith and the statutes listed as superseded in the Table of Statutes Affected are superseded
Rule 59 was amended, effective March 1, 2006.
The North Dakota Rules of Criminal Procedure became effective Nov. 1, 1973.
Rule 59 is adapted from N.D.R.Civ.P. 86 and N.D.R.App.P. 49. The rule recognizes the rule-making power of the supreme court as stated in N.D. Const. Art. VI, § 3, and N.D.C.C. § 27-02-09. The rules do not apply retroactively. Actions pending includes cases on appeal.
Rule 59 was amended, effective March 1, 2006, 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.
SOURCES: Joint Procedure Committee Minutes of April 28-29, 2005, pages 12-13; April 24-26, 1973, page 18; February 20-23, 1973, page 5; May 6-7, 1971, page 16.