RULE 56. WHEN COURT IS OPEN

Effective Date: 3/1/2006

A court governed by these rules is considered always open for any filing, and for issuing and returning process, making a motion, or entering an order.

Rule 56 was amended, effective March 1, 2006.

Rule 56 is an adaptation of Fed.R.Crim.P. 56.

The language of the rule stating that a court governed by these rules is considered always open means that a court has the power to act at any time. Similar language may be found in N.D.R.Civ.P. 77 and N.D.R.App.P. 45.

Rule 56 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, pages 11-12; April 24-26, 1973, pages 17-18; February 20-23, 1973, pages 2-3; December 10-12, 1970, page 23; Fed.R.Crim.P. 56.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. §§ 27-01-03, 27-07-15, 29-01-11, 40-18-04.

SUPERSEDED FOR CRIMINAL PROCESS ONLY: N.D.C.C. § 27-05-07.

Considered: N.D.C.C. § 33-01-02.

CROSS REFERENCE: N.D.R.Civ.P. 77 (District Courts and Clerks); N.D.R.App.P. 45 (Duties of Clerk).

Effective Date Obsolete Date
03/01/2006 View
04/24/1973 03/01/2006 View