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N.D.R.Crim.P. 29.1

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

Rule 29.1 Closing Argument

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Rule Text

Closing arguments proceed in the following order:

(1) the prosecution argues;

(2) the defense argues; and

(3) the prosecution rebuts.

Amendment history: (Adopted Dec. 7, 1978; 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:

After all the evidence has been presented in a criminal trial, both sides get to make closing arguments. This rule sets the order for those arguments.

The prosecution goes first and lays out their case to the jury. Then the defense gets its turn to argue. Finally, the prosecution gets to speak one more time to respond to what the defense just said.

This order gives the prosecution both the first and last word. The reason is that the prosecution carries the burden of proving guilt, so they get the extra chance to address the jury before deliberations begin. The defense only gets one turn to argue, so their argument needs to cover everything they want the jury to consider.

Committee Notes

Rule 29.1 was adopted, 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 are intended to make the rule easily understood and to make style and terminology consistent throughout the rules.

Rule 29.1 is based on Fed.R.Crim.P. 29.1. The order of argument set out in the rule is consistent with longstanding North Dakota practice. Fair and effective administration of justice is best served if the defendant knows the arguments actually made by the prosecution in behalf of conviction before the defendant is faced with the decision whether to reply and what to reply.

SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, page 24; December 7-8, 1978, page 15; October 12-13, 1978, page 9; Fed.R.Crim.P. 29.1.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. §§ 29-21-01 and 29-21-02.

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