RULE 2. PURPOSE AND CONSTRUCTION
Rules are to be interpreted
intended to provide for the just determination of
every criminal proceeding, . They shall be construed to secure
simplicity in procedure and ,
fairness in administration, and to eliminate the elimination of
unjustifiable expense and
Rule 2 was amended, effective March 1, 2006.
Rule 2 is adapted from Fed.R.Crim.P. 2
, and contains language
similar to that found in
N.D.R.Civ.P. 1, which states, "They [the N.D.R.Civ.P.] shall be construed to secure the just,
speedy and inexpensive determination of every action."
Rule 2 requires that these rules
Rules be construed to secure
simplicity in procedure,
fairness in administration, and the elimination of unjustifiable expense and delay.
Rules have the force and effect of law. All prior
conflicting statutes and
decisions must give way to these rules Rules, but no substantive right
given by law is
divested or taken away by them (N.D.C.C. §§ 27-02-08 through
27-02-10). The rules
Rules are not to be applied ritualistically, but are to be construed in the flexible
contemplated by law. [United States v. Rizzo, 362 F.2d 97, 99 (7th Cir. 1966).]
Rule 2 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 24-25, 2003, pages 24-25;
24-26, 1973, page 7; January 27-29, 1972, page 4; November 17-18, 1967, page 1;
; Wright, Federal Practice and Procedure: Criminal, § 31-32
Moore's Federal Practice, Chapter 2 (Cipes, 2d Ed. 1970); Barron, Federal Practice and
Procedure: Criminal, § 1831-1832 (1951).
CONSIDERED: N.D.C.C. §§ 27-02-08 through 27-02-10.