RULE 57. PRACTICE WHEN PROCEDURE NOT SPECIFIED

Effective Date: 3/1/2006

In all cases not provided for by rule or statute, a court may regulate practice in any proceeding before it in any manner consistent with rules adopted by the supreme court or any applicable statute. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in a rule adopted by the supreme court or in any applicable statute unless the alleged violator was furnished with actual notice of the requirement before the noncompliance.

Rule 57 was amended, effective March 1, 2006.

Rule 57 is adapted from Fed.R.Crim.P. 57(b).

Unlike Fed.R.Crim.P. 57(a), this rule does not allow the district courts to make local rules. Instead, a court has authority to regulate its practice to allow for justice in a particular case. The North Dakota Rule on Local Court Procedural Rules and Administrative Rules provides a mechanism for adoption of local court rules.

Rule 57 was amended, effective March 1, 2006,, to bar courts from imposing sanctions or punishments for violations of noncodified individual court requirements, unless the court gives prior notice of these requirements. The amendment was based on the language of Fed.R.Crim.P. 57(b).

Rule 57 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 12; September 18-19, 1980, page 18; March 27-28, 1980, page 3; April 24-26, 1973, page 18; February 20-23, 1973, pages 3-4; May 6-7, 1971, pages 11-13 and 16-18; Fed.R.Crim.P. 57.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. §§ 27-02-05.1, 27-02-08, 27-02-09, 27-02-10, 27-02-11, 27-02-12, 27-02-13, 27-02-14, 27-02-15.

CROSS REFERENCE: N.D.R. Local Ct. P.R. §§ 1-15.

Effective Date Obsolete Date
03/01/2006 View
09/18/1980 03/01/2006 View