RULE 5.5. CIVIL COMPROMISE
Effective Date: 3/1/2025
(a) A defendant charged with a misdemeanor or infraction may enter into a civil compromise with the injured person under N.D.C.C. § 29-01-16.
(b) If a compromise is obtained, the defendant must provide notice to the court and serve the notice on all parties. Any objection must be filed within 14 days of service of the notice. The notice must be accompanied by:
(1) a declaration from the injured person acknowledging that the injured person has received satisfaction for the injury and consents to the discharge;
(2) a brief explaining that the legal requirements for a stay of the proceedings and discharge of the defendant have been satisfied in the matter; and
(3) a proposed order to stay proceedings and discharge the defendant from prosecution.
Rule 5.5 was adopted effective March 1, 2025.
SOURCES: Joint Procedure Committee Minutes of January 26, 2024, pages 6-7; April 28, 2023, pages 17-18.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. §§ 29-01-16, 29-01-17, 29-01-18, 29-01-19.
Effective Date | Obsolete Date | |
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03/01/2025 | View |