(a) Effective Date. Any amendment or addition to these rules is effective on the date ordered by the supreme court. These rules, and any amendment or addition, govern all criminal proceedings and actions brought after their effective date, and all further proceedings in actions pending on their effective date. If a court decides that application of these rules, or any amendment or addition to these rules, in a particular action pending when the rules or any amendment or addition took effect would not be feasible, or would work an injustice, the previous procedure must apply.
(b) Statutes Superseded. Upon the effective date of these rules, or upon the effective date of any amendment or addition to these rules, any statute or rule, or portion of a statute or rule, in conflict with these rules or any amendment or addition to these rules is superseded.
Rule 59 was amended, effective March 1, 2006.
The North Dakota Rules of Criminal Procedure became effective Nov. 1, 1973.
Rule 59 is adapted from N.D.R.Civ.P. 86 and N.D.R.App.P. 49. The rule recognizes the rule-making power of the supreme court as stated in N.D. Const. Art. VI, § 3, and N.D.C.C. § 27-02-09. The rules do not apply retroactively. Actions pending includes cases on appeal.
Rule 59 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 12-13; April 24-26, 1973, page 18; February 20-23, 1973, page 5; May 6-7, 1971, page 16.