RULE 1. SCOPE AND EXCEPTIONS

Effective Date: 3/1/2013

(a) Scope. These rules govern the practice and procedure in all criminal proceedings in the district courts and, so far as applicable, in all other courts, including prosecutions for violations of municipal ordinances and prosecutions for contempt when punitive sanctions are sought in a nonsummary proceeding.

(b) Excepted Proceedings.

(1) Habeas Corpus. These rules do not apply to proceedings on any application for a writ of habeas corpus under N.D.C.C. ch. 32-22 or N.D.C.C. ch. 25-03.1 nor to other habeas corpus proceedings authorized by law.

(2) Peace Bonds. These rules do not alter the power of magistrates authorized by law to act within the county to take and hold security for the prevention of a public offense or of a district judge to dispose of such peace bonds as provided by N.D.C.C. ch. 29-02. However, these rules apply to procedure under N.D.C.C. ch. 29-02, so far as they are consistent with this chapter.

(3) Commitment Proceedings. These rules do not apply to proceedings for determining whether a proposed patient should be ordered committed to the state hospital at Jamestown or any other hospital or school under N.D.C.C. title 25 or other laws.

(4) Other Proceedings. These rules do not apply to:

(A) extradition and rendition of fugitives;

(B) forfeiture of property for violation of a statute of this state;

(C) the collection of fines and penalties;

(D) proceedings under the Uniform Juvenile Court Act, N.D.C.C. ch. 27-20.

Rule 1 was amended, effective March 1, 1992; March 1, 1994; March 1, 2006; March 1, 2009; March 1, 2013.

Rule 1 defines the scope of the North Dakota Rules of Criminal Procedure. These rules are designed primarily for the district courts, but are also designed to provide the necessary machinery for all state courts with original jurisdiction. This includes municipal court prosecutions for violations of municipal ordinances. The rules apply to all criminal proceedings, and the term "proceedings" includes all possible steps in the case from its inception to judgment and sentence. Although the vast bulk of statutory procedure is superseded by the rules, statutes containing procedure beyond the scope of a rule, but possibly supplemental to the procedure under a rule, are listed as "considered." (see Table of Statutes Affected).

Subdivision (b) lists proceedings that are not governed by these rules.

Paragraph (b)(1) recognizes that habeas corpus is not a criminal proceeding but an independent and collateral inquiry into the validity of a conviction. See N.D.C.C. chs. 32-22, 25-03.1.

Paragraph (b)(2) provides that these rules shall apply to peace bond procedures when this is consistent with N.D.C.C. ch. 29-02.

Paragraph (b)(3) excludes commitment proceedings from these rules. See N.D.C.C. tit. 25.

Paragraph (b)(4) excludes certain other procedures which are either civil in nature or cannot be classified as either civil or criminal, including:

(1) extradition or rendition of fugitives (N.D.C.C. ch. 29-30.3);

(2) the collection of fines and penalties (see N.D.R.Civ.P. 69); and

(3) proceedings under the Uniform Juvenile Court Act (see N.D.C.C. ch. 27-20).

Paragraph (b)(4) was amended, effective March 1, 2009, to delete a reference to paternity actions, which are wholly civil in nature under N.D.C.C. ch. 14-20.

Rule 1 was amended, effective March 1, 1992. The phrase "by statute and" was deleted to eliminate the conflict that occasionally occurred between rules and statutes. The amendment was not intended to delete any procedural rules in statutes that are not covered by court rules.

Rule 1 was amended, effective March 1, 1994, to provide that these rules apply to nonsummary contempt proceedings when punitive sanctions are sought.

Rule 1 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. As part of this amendment, subdivision (b) was transferred to Rule 1 from Rule 54.

SOURCES: Joint Procedure Committee Minutes of April 24-25, 2008, pages 11-12; April 28-29, 2005, page 13; April 29-30, 1993, pages 2-3; October 29-30, 1992, page 7; November 7-8, 1991, page 14; January 27-29, 1972, pages 1-3 January 26-27, 1968, page 1; November 17-18, 1967, page 1; Fed.R.Crim.P. 1.

STATUTES AFFECTED:

Superseded: N.D.C.C. § 40-18-11.

Considered: N.D.C.C. chs. 14-20, 25-03.1. 25-03.2, 25-03.3, 25-04, 27-20, 29-02, 32-22.

CROSS REFERENCE: N.D.R.Civ.P. 69 (Execution); N.D.R.Ct. 5.2 (Writs).

Effective Date Obsolete Date
03/01/2013 View
03/01/2009 03/01/2013 View
03/01/2006 03/01/2009 View
03/01/1992 03/01/2006 View