RULE 55. RECORDS

Effective Date: 3/1/2006

The clerk of each court governed by these rules, or the magistrate where there is no clerk, must keep records of criminal proceedings as required by law or by rule or order of the supreme court. The clerk or magistrate must enter in the records every court order or judgment and the date of entry.

Rule 55 was amended, effective March 1, 2006.

Rule 55 is an adaptation of Fed.R.Crim.P. 55. The rule places the responsibility of keeping the records of the court with the clerk, but recognizes that there are lower courts that are without the assistance of a clerk; in those cases the responsibility of keeping the records is on the magistrate. The rule deals with those records which must be kept as a matter of law as well as those records which may be required by the supreme court.

Rule 55 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 11; February 20-23, 1973, pages 1-2; December 10-12, 1970, pages 22-23; Fed.R.Crim.P. 55.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. §§ 11-17-01, 27-07-28, 27-07-36, 27-07-39, 27-08-10, 27-08-13, Chapters 29-23, 33-12-02, 33-12-12, 33-12-13, 33-12-14, 33-12-15, 33-12-16, 33-12-17.

Effective Date Obsolete Date
03/01/2006 View
02/20/1973 03/01/2006 View