Obsolete Date: 3/1/2006
(a) Motion Before Submission to Jury. The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment, information, or complaint after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the prosecution is not granted, the defendant may offer evidence without having reserved the right.
(b) Motion at Close of All Evidence. [Reserved for Future Use].
(c) Motion After Discharge of Jury. If the jury is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within 7 days after the jury is discharged or the court within such 7-day period may extend the time for making or renewing such motion. It shall not be necessary to the making of such a motion that a similar motion has been made prior to the submission of the case to the jury.
Rule 29 is based on Fed.R.Crim.P. 29.
Subdivision (a) is intended to preserve the right of the defendant to offer evidence if a motion for a judgment of acquittal is denied.
Subdivision (b) was added to Rule 29, effective March 1, 2006. It allows the court to reserve decision on a motion for judgment of acquittal made at the close of all the evidence, submit the case to the jury, and then decide the motion either (1) before the jury returns a verdict, or (2) after it returns a verdict of guilty, or (3) is discharged without having returned a verdict.
Subdivision (c) follows Fed.R.Crim.P. 29. Paragraph (c)(1) was amended, effective March 1, 2006, to increase the time for filing a motion for judgment of acquittal from seven to ten days. Paragraph (c)(1) was amended, effective March 1, 2007, to eliminate the requirement that the trial court decide a motion for extension of time within ten days. Motions for extension of time must be made under Rule 45(b).
Paragraph (c)(1) was amended, effective March 1, 2011, to increase the time for filing a motion for judgment of acquittal from 10 to 14 days.
Subdivision (d) was added to Rule 29, effective March 1, 2006. It sets out a method for the court to use in making a conditional ruling on a motion for a new trial and designates how a trial court must proceed after appeal when it has made a conditional ruling on a new trial motion.
Rule 29 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 29-30, 2010, page 20; January 26, 2006, page 10; January 27-28, 2005, pages 23-24; June 22, 1984, pages 28-29; October 17-20, 1972, pages 33-38; December 11-12, 1968, pages 15-17; September 26-27, 1968, page 14; Fed.R.Crim.P. 29.
SUPERSEDED: N.D.C.C. § 29-21-37.
CONSIDERED: N.D.C.C. §§ 12-05-03, 29-21-08, 29-21-09, 29-21-10.