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Notice of Comment Wednesday, June 8, 2016




Supreme Court No. 20160071

Proposed Amendments to North Dakota Rules of Criminal Procedure 10, Regarding Arraignment, Rule 43, Regarding the Defendant's Presence, and Form 17, Misdemeanor Petition to Enter Plea of Guilty, and Proposed New Form 18, Petition to Waive Preliminary Hearing and Arraignment in Felony Case

[¶ 1] On February 8, 2016, the Joint Procedure Committee submitted a petition to amend North Dakota Rules of Criminal Procedure 10regarding Arraignment and 43 regarding defendant's presence. On February 26, 2016, the Supreme Court referred the proposal back to the Committee to consider whether the requirements of N.D.R.Crim.P. 5(b)(1), (2) and (3) should be referenced in N.D.R.Crim.P. 43 and whether a form should be developed.

[¶ 2] On May 31, 2016, the Joint Procedure Committee submittedadditional amendments to N.D.R.Crim.P. 43, amendments to Form 17 regarding a misdemeanor petition to enter plea of guilty, and a new Form 18 regarding a petition to waive preliminary hearing and arraignment in felony case. The proposal is available at Individuals who do not have internet access may contact the Office of the Clerk of the Supreme Court to obtain a copy of the proposal. The Court considered the matter, and

[¶ 3] ORDERED, any person wishing to comment on the proposal may do so in writing before Tuesday, July 8, 2016. Written comments may be e-mailed to Penny Miller, Clerk of the Supreme Court, at, or addressed to 600 E. Boulevard Ave., Bismarck, ND 58505-0530.

[¶ 4] The Supreme Court of the State of North Dakota convened the 8th day of June, 2016, with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V. Sandstrom, the Honorable Carol Ronning Kapsner, and the Honorable Daniel J. Crothers, Justices, directing the Clerk of the Supreme Court to enter the above order. The Honorable Lisa Fair McEvers, Justice, being unavoidably absent, did not participate.

Penny Miller 
North Dakota Supreme Court