North Dakota Rules of Criminal Procedure

I. Scope, Purpose and Construction

• Rule 1. Scope and Exceptions
• Rule 2. Purpose and Construction

II. Preliminary Proceedings

• Rule 3. The Complaint
• Rule 4. Arrest Warrant or Summons upon Complaint
• Rule 4.1 - Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means
• Rule 5. Initial Appearance Before the Magistrate
• Rule 5.1 Preliminary Examination

III. Indictment and Information

• Rule 6. Grand Jury [Reserved for Reference and Possible Future Use]
• Rule 7. The Indictment and the Information
• Rule 8. Joinder of Offenses or Defendants
• Rule 9. Warrant or Summons upon Indictment or Information

IV. Arraignment and Preparation for Trial

• Rule 10. Arraignment
• Rule 11. Pleas
• Rule 12. Pleadings and Pretrial Motions
• Rule 12.1 Notice of Alibi Defense
• Rule 12.2 Notice of Defense Based on Mental Condition; Mental Examination
• Rule 12.3. Fitness To Proceed; Restoration
• Rule 13. Joint Trial of Separate Cases
• Rule 14. Relief from Prejudicial Joinder
• Rule 15. Depositions
• Rule 16. Discovery and Inspection
• Rule 17. Subpoena
• Rule 17.1 Omnibus Hearing and Pretrial Conference

V. Venue

• Rule 18. Location of Trial or Hearing
• Rule 19. Transfer Within District
• Rule 20. Transfer from the County for Plea and Sentence
• Rule 21. Transfer from the County for Trial
• Rule 22. Time of Motion to Transfer [Deleted]

VI. Trial

• Rule 23. Trial by Jury or by Court
• Rule 23.1 Jury Expenses
• Rule 24. Trial Jurors
• Rule 24.1 Demand for Change of Trial Judge [Deleted]
• Rule 25. Judge; Disability
• Rule 26. Taking Testimony
• Rule 26.1 Foreign Law Determination
• Rule 27. Proof of Official Record
• Rule 28. Interpreters
• Rule 29. Motion for a Judgment of Acquittal
• Rule 29.1 Closing Argument
• Rule 30. Jury Instructions
• Rule 31. Jury Verdict

VII. Judgment

• Rule 32. Sentence and Judgment
• Rule 32.1. Deferred Imposition of Sentence
• Rule 32.2. Pretrial Diversion
• Rule 33. New Trial
• Rule 34. Arresting Judgment
• Rule 35. Correcting or Reducing a Sentence
• Rule 36. Clerical Error

VIII. Appeal

• Rule 37. Appeal as of Right to District Court; How Taken
• Rule 38. Stay of Execution and Relief Pending Review
• Rule 39. [Reserved for Future Use]

IX. Supplementary and Special Proceedings

• Rule 40. [Reserved for Future Use]
• Rule 41. Search and Seizure
• Rule 42. Criminal Contempt [Repealed]

X. General Provisions

• Rule 43. Defendant's Presence
• Rule 44. Right to and Appointment of Counsel
• Rule 45. Computing and Extending Time
• Rule 46. Release from Custody
• Rule 47. Motions
• Rule 48. Dismissal
• Rule 49. Serving and Filing Documents
• Rule 50. Calendars
• Rule 51. Preserving Claimed Error
• Rule 52. Harmless and Obvious Error
• Rule 53. Regulation of Conduct in the Courtroom [Repealed]
• Rule 54. Application and Exception [Transferred]
• Rule 55. Records
• Rule 56. When Court is Open
• Rule 57. Practice When Procedure Not Specified
• Rule 58. Appendix of Forms
• Rule 59. Effective Date; Statutes Superseded
• Rule 60. Title and Citation
• Appendix of Forms
• Table of Statutes Affected