RULE 56. COURTS ALWAYS OPEN
Effective Date: 4/24/1973
Obsolete Date: 3/1/2006
The courts governed by these Rules shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders.
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SUPERSEDED: N.D.C.C. §§ 27-01-03, 27-07-15, 29-01-11, 40-18-04.
SUPERSEDED FOR CRIMINAL PROCESS ONLY: N.D.C.C. § 27-05-07.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).