RULE 55. RECORDS
Effective Date: 2/20/1973
Obsolete Date: 3/1/2006
The clerk of each court governed by these Rules or the magistrate where there is no clerk shall keep such records in criminal proceedings as may be required by law or by rule or order of the Supreme Court.
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.