RULE 2. PURPOSE AND CONSTRUCTION

Effective Date: 3/1/2006

These rules are to be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.

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 be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.

These rules have the force and effect of law. All prior conflicting statutes and decisions must give way to these rules, but no substantive right given by law is divested or taken away by them. The rules are not to be applied ritualistically, but are to be construed in the flexible spirit contemplated by law.

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; April 24-26, 1973, page 7; January 27-29, 1972, page 4; November 17-18, 1967, page 1; Fed.R.Crim.P. 2.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. §§ 27-02-08 through 27-02-10.

Effective Date Obsolete Date
03/01/2006 View
04/24/1973 03/01/2006 View