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N.D.R.Crim.P. 18

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 18 Location of Trial or Hearing

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Rule Text

A criminal trial must be in the county where the offense was committed, unless a statute or these rules permit otherwise. The initial appearance, arraignment, or other hearing or proceeding may take place outside the county of venue.

Amendment history: (Adopted Mar. 1, 2001; amended Mar. 1, 2006.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Here's a plain English summary of this rule:

If you're charged with a crime in North Dakota, your trial normally happens in the same county where the crime took place. This is meant to keep things fair, since witnesses, evidence, and the people affected are usually located there. There are some exceptions where a law or another court rule allows the trial to be moved somewhere else.

Other parts of your case don't have to follow this same rule. Things like your first court appearance, arraignment, or other hearings can happen in a different county if needed. So while your actual trial has to stay tied to where the crime happened, earlier steps in the case have more flexibility on location.

Committee Notes

Rule 18 was amended, effective March 1, 2001 in Supreme Court Docket No. 20000212 & 20000276; March 1, 2006.

Rule 18 was amended, effective March 1, 2001, to allow proceedings, other than the trial, to occur outside the county of venue. In deciding to move a trial or proceeding, a trial court must consider N.D. Sup. Ct. Admin. R. 6(B) and 7(B).

Rule 18 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.

SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, pages 14-15; September 23-24, 1999, pages 13-15; September 24-25, 1998, pages 16-17; June 26-27, 1972, pages 28-29; September 26-27, 1968, page 7; July 25-26, 1968, pages 10-11; Fed.R.Crim.P. 18.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. § 29-01-33.

CONSIDERED: N.D.C.C. ch. 29-03 (Local Jurisdiction of Public Offenses).

CROSS REFERENCE: N.D.R.Crim.P. 19 (Transfer Within District); N.D.R.Crim.P. 20 (Transfer From County for Plea and Sentence); N.D.R.Crim.P. 21 (Transfer From the County or Municipality for Trial); N.D. Sup. Ct. Admin. R. 6 (Judicial Districts); N.D. Sup. Ct. Admin. R. 7 (Designation of Judgeships and Chambers with Assignments).

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