RULE 50. CALENDARS

Rule 50 was amended, effective March 1, 2006.

Rule 50 is an adaptation of Fed.R.Crim.P. 50. The rule is a restatement of the inherent power of the court over its own calendars. The direction that preference shall be given to criminal proceedings as far as practicable is generally recognized as desirable in the orderly administration of justice.

Rule 50 differs from its federal counterpart in two ways. First, it requires "[t]he courts" to place criminal actions or proceedings on the appropriate court calendar. Secondly, the language of the last sentence, which provides for the advancement or continuance of a criminal action or proceeding as may be necessary in the interest of justice, is intended to echo the A.B.A. Standards, which provide that a continuance should be granted only upon a showing of good cause and only for so long as necessary, taking into account not only the request or consent of the prosecution or defense, but also the public interest in prompt disposition of the case.

The provision that preference be given to criminal actions or proceedings as far as practicable states an elementary principle of criminal justice which has gained in effect through application of the Sixth Amendment's "speedy trial" provision to the states.

Rule 50 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 28-29, 2005, page 10; February 20-23, 1973, page 11; November 18-20, 1971, pages 23-24; Fed.R.Crim.P. 50.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. § 27-08-22, ch. 29-19.

CROSS REFERENCE: N.D.R.Civ.P. 40 (Assignment of Cases for Trial).