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FORM 14. (RULE 48, N.D.R.Crim.P.)

Effective Date: 1/1/2001

STATE OF NORTH DAKOTA IN ______________________________
(Name of Court)
County of _____________________. ______________ Judicial District
The State of North Dakota
vs. Criminal No. _______
________________________________ MOTION TO DISMISS

The prosecuting attorney of [county, city]:

Comes now the State of North Dakota and hereby moves to dismiss the charge of _______, against the Defendant _______ for the reason that [plain and concise statement citing reasons for dismissal].

Dated this _______ day of _______, 19__.


Prosecuting Attorney

*Before ____________________

(name of Judge)

**City of _______.


Pursuant to the foregoing.

IT IS HEREBY ORDERED, That the within and foregoing charge be and is hereby dismissed [without] [with] prejudice.

Dated this _______ day of _______, 19__.


Judge Magistrate


Name of Court:___________________________________

Address: ________________________________________



Re: _______Case No. _______

( ) I have discussed the Omnibus Hearing Procedure with my client and wish to inform the Court that we do desire to participate.

( ) I have discussed the Omnibus Hearing Procedure with my client and wish to inform the Court that we do not desire to participate.

Date: _______




Attorney for Defendant

cc: Prosecuting Attorney

Clerk, _______ Court


The Omnibus Hearing procedure, if properly used, will generally assure that any lawyer undertaking a criminal defense will adequately represent his client, and that dispositions of the case can be made by all parties with full knowledge of all relevant facts.

Rule 12(b) of the North Dakota Rules of Criminal Procedure provides that the time for raising motions which can be determined without trial of the general issue is before trial.

Rules 15, 16, 17, and 17.1 all look to the maximum use of discovery procedure in the manner which has proved so successful in civil cases.

Because this is an area in which contests quickly develop over protection of defendant's rights, participation in the program must be by the defendant's express permission. [Encl. (1).]

You are urged to read and study the procedures outlined. Consult your client and advise the Court and the prosecuting attorney in writing within three (3) days after receipt of this notice as to whether you and your client will participate in the Omnibus procedure. [Encl. (1).]

If you and your client elect to participate, it will be assumed that the Prosecuting Attorney is also willing to do so, unless advice to the contrary is given to you and the Court in writing within three (3) days after receipt of your election to participate.

Counsel who participate should meet with each other on or before the pretrial date, for the purpose of engaging in the required discovery, entering upon plea discussions, and reviewing the Omnibus Pretrial Form [Encl. (2).], circling the paragraph numbers with respect to the action requested. Please complete the form to the fullest extent possible. In all cases an Omnibus Hearing will be scheduled unless otherwise ordered by the Court.

You are reminded that the Omnibus procedure must be a cooperative effort to be effective.This does not mean, however, that the defendant must sacrifice any of his constitutional rights. Any disclosures made by him will ordinarily be with respect to those matters which he himself intends to disclose at the trial. You are cautioned, however, that your request for discovery by the prosecution waives your right to withhold like information requested by the prosecution. You should complete as much of the discovery prior to trial as is possible.

Effective Date Obsolete Date
01/01/2001 View