RULE 12.3. FITNESS TO PROCEED; RESTORATION

(a) Case Management. If a defendant is found to lack fitness to proceed and the defendant may attain fitness with therapeutically appropriate treatment, the court should take an active role in managing the docket of the case while proceedings are suspended.

(b) Restoration Status Conference. A status report approved by the restoration treatment facility must be filed with the court within 45 days after the commitment order and within 30 days thereafter until such time as the review hearing. A restoration status conference may be held at any time prior to the review hearing if ordered by the court or requested by a party. The order or request must include the issues to be addressed at the status conference. A representative of the restoration treatment facility must appear at any restoration status conference held. A review hearing must be held prior to the expiration of the statutory restoration time period to review the court’s order for restoration. Restoration status conferences and review hearings may be conducted by reliable electronic means under N.D. Sup. Ct. Admin. R. 52.