Order of Adoption Wednesday, August 10, 2016

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

ORDER OF ADOPTION

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 athttp://www.ndcourts.gov/Court/Notices/Notices.htm. 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, that the proposed amendments to North Dakota Supreme Court North Dakota Rules of Criminal Procedure 10 and 43 are ADOPTED, effective October 1, 2016.

[¶ 4] IT IS FURTHER ORDERED, that, as amended by the Court, the proposed amendments to North Dakota Supreme Court North Dakota Rules of Criminal Procedure 43, Form 17 and proposed new North Dakota Supreme Court North Dakota Rules of Criminal Procedure 43 Form 18 are ADOPTED, effective October 1, 2016.

[¶ 5] The Supreme Court of the State of North Dakota convened the 10th day of August, 2016, with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V. Sandstrom, the Honorable Carol Ronning Kapsner, the Honorable Daniel J. Crothers, and the Honorable Lisa Fair McEvers, Justices, directing the Clerk of the Supreme Court to enter the above order.

Penny Miller 
Clerk 
North Dakota Supreme Court