North Dakota Rules of Criminal Procedure – 2026

Rule 1 Scope and Exceptions Rule 2 Purpose and Construction 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 Hearing 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 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 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] 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 Rule 32 Sentencing 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 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39 [Reserved for Future Use] Rule 40 [Reserved for Future Use] Rule 41 Search and Seizure Rule 42 Criminal Contempt [Repealed] Rule 43 Defendant's Presence Rule 44 Right to Counsel Rule 45 Computing and Extending Time Rule 46 Release from Custody Rule 47 Motions Rule 48 Dismissal Rule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Rule 51 Preserving Claimed Error Rule 52 Harmless and Obvious Error Rule 53 Regulation of Conduct in the Courtroom [Repealed] Rule 54 Application and Exception [Transferred] Rule 55 Records Rule 56 When Court Is Open Rule 57 Practice When Procedure Not Specified Rule 58 Appendix of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 Rule Appendix Appendix of Forms Rule Table Table of Statutes Affected