TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 5, 2016
RE: Rule 10, N.D.R.Crim.P., Arraignment; Rule 43, N.D.R.Crim.P., Defendant's Presence
At the last meeting, the committee instructed staff to prepare amendments to Rule 10 and Rule 43 clarifying that a represented defendant in a felony case may waive the arraignment in writing.
Proposed amendments to Rule 10 are attached that would eliminate the requirement that the arraignment be conducted in "open court" if the defendant has waived presence under Rule 43. This amendment begins at line 1 of the proposal with a related explanatory note reference beginning at line 30.
Proposed amendments to Rule 43 would supplement and rearrange the felony offense presence provision to clarify that a represented defendant can waive the arraignment in writing. The amendment begins at line 23 of the proposal with a related explanatory note reference beginning at line 77.