RULE 59. EFFECTIVE DATE--STATUTES SUPERSEDED
(a) Effective Date.
These rules will take effect on November 1, 1973. They govern
criminal proceedings thereafter commenced and so far as just and practicable all proceedings
then pending. Any amendment or addition to these rules is effective on the date
the supreme court. These rules, and any amendment or addition, govern all criminal
proceedings and actions brought after their effective date, and all further proceedings in
actions pending on their effective date. If a court decides that application of these rules, or
any amendment or addition to these rules, in a particular action pending when the rules or
any amendment or addition took effect would not be feasible, or would work an injustice,
the previous procedure must apply.
(b) Statutes Superseded.
Upon the taking effect of these rules, all statutes and parts
statutes in conflict herewith and the statutes listed as superseded in the Table of Statutes
Affected are superseded. Upon the effective date of these rules, or upon the
of any amendment or addition to these rules, any statute or rule, or portion of a statute or
rule, in conflict with these rules or any amendment or addition to these rules is superseded.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
Fed.R.Crim.P. 59, in part and from N.D.R.Civ.P.
86 in part and
N.D.R.App.P. 49. The Rule rule recognizes the rule-making
power of the Supreme Court
supreme court as stated in N.D. Const. Art. VI, § 3, and
(N.D.C.C. § 27-02-09 ), and
follows existing law (N.D.C.C. § 27-02-14) in establishing the effective date as the 30th
day after the filing of the order with the clerk of the Supreme Court unless otherwise fixed
by the Supreme Court in its order. The Rules rules do not
apply retroactively. [See 8A
Moore's Federal Practice, Chapter 59, page 59-2 (Cipes, 2d Ed. 1971), citing McCoy v.
United States, 370 F.2d 224 (D.C. Cir. 1966).] "Proceedings Actions
pending " includes
cases on appeal. [See 8A Moore's, supra, citing United States v. Sheridan, 329 U.S. 379,
393, 67 S. Ct. 332, 91 L. Ed. 359 (1946), rehearing denied, 329 U.S. 834, 67 S. Ct. 628, 91
L. Ed. 706 (1947).]
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;
24-26, 1973, page 18; February 20-23, 1973, page 5; May 6-7, 1971, page 16
Fed.R.Crim.P. 59; Wright, Federal Practice and Procedure: Criminal, § § 921-922
(1969); 8A Moore's Federal Practice, Chapter 59 (Cipes, 2d Ed. 1972).