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N.D.R.Crim.P. 2

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Rule 2 Purpose and Construction

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Rule Text

These rules are to be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.

Amendment history: (Adopted Apr. 24, 1973; 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.

This rule explains the main goal behind all the other criminal procedure rules. Courts should read and apply these rules in a way that leads to fair and just outcomes in criminal cases. The rules aren't meant to be complicated or hard to follow. Instead, they should keep things simple and straightforward for everyone involved.

The rule also says the process should be fair to both sides, meaning the prosecution and the defense. Courts should apply the rules in a way that treats people fairly, not in a way that gives one side an unfair advantage. Finally, the rule pushes against wasting time or money. Cases should move forward without unnecessary delays or costs that don't serve any real purpose.

In short, this rule sets the tone for how judges should think about every other rule in the criminal procedure book. When there's a question about how to apply a specific rule, judges look back to this purpose: keep it fair, keep it simple, and don't waste time or money.

Committee Notes

Rule 2 was amended, effective March 1, 2006.

Rule 2 is adapted from Fed.R.Crim.P. 2 and contains language similar to that found in N.D.R.Civ.P. 1, which states, "They [the N.D.R.Civ.P.] shall be construed to secure the just, speedy and inexpensive determination of every action."

Rule 2 requires that these rules be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.

These rules have the force and effect of law. All prior conflicting statutes and decisions must give way to these rules, but no substantive right given by law is divested or taken away by them. The rules are not to be applied ritualistically, but are to be construed in the flexible spirit contemplated by law.

Rule 2 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 April 24-25, 2003, pages 24-25; April 24-26, 1973, page 7; January 27-29, 1972, page 4; November 17-18, 1967, page 1; Fed.R.Crim.P. 2.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. §§ 27-02-08 through 27-02-10.

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Bluebook Citation

N.D.R.Crim.P. 2

This Rule Set

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Last updated: August 2026

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