Closing arguments proceed in the following order:
(1) the prosecution argues;
(2) the defense argues; and
(3) the prosecution rebuts.
Rule 29.1 was adopted, 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 are intended to make the rule easily understood and to make style and terminology consistent throughout the rules.
Rule 29.1 is based on Fed.R.Crim.P. 29.1. The order of argument set out in the rule is consistent with longstanding North Dakota practice. Fair and effective administration of justice is best served if the defendant knows the arguments actually made by the prosecution in behalf of conviction before the defendant is faced with the decision whether to reply and what to reply.
CONSIDERED: N.D.C.C. §§ 29-21-01 and 29-21-02.