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N.D.R.Crim.P. 56

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

Rule 56 When Court Is Open

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Rule Text

A court governed by these rules is considered always open for any filing, and for issuing and returning process, making a motion, or entering an order.

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.

Courts operating under these rules are treated as always open. This means you can file documents, submit motions, or request orders at any time, even outside normal business hours.

The same goes for court process, like issuing or returning legal paperwork. There's no set time when the court is "closed" for these purposes.

In practice, this means deadlines and legal actions aren't limited to regular business hours. A filing or motion can be made whenever needed, and the court is always considered available to handle it.

Committee Notes

Rule 56 was amended, effective March 1, 2006.

Rule 56 is an adaptation of Fed.R.Crim.P. 56.

The language of the rule stating that a court governed by these rules is considered always open means that a court has the power to act at any time. Similar language may be found in N.D.R.Civ.P. 77 and N.D.R.App.P. 45.

Rule 56 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 28-29, 2005, pages 11-12; April 24-26, 1973, pages 17-18; February 20-23, 1973, pages 2-3; December 10-12, 1970, page 23; Fed.R.Crim.P. 56.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. §§ 27-01-03, 27-07-15, 29-01-11, 40-18-04.

SUPERSEDED FOR CRIMINAL PROCESS ONLY: N.D.C.C. § 27-05-07.

Considered: N.D.C.C. § 33-01-02.

CROSS REFERENCE: N.D.R.Civ.P. 77 (District Courts and Clerks); N.D.R.App.P. 45 (Duties of Clerk).

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