N.D. R. Crim. P. 3
Joint Procedure Committee Minutes of April 26, 2019, pages 8-10; September 24-25, 2015, pages 14-15, 29; January 26-27, 2012, page 25; April 28-29, 2011, pages 17-18; April 24-25, 2003, pages 25-26; January 26-27, 1995, pages 3-5; April 28-29, 1994, pages 20-22; January 27-29, 1972, pages 4-7 September 27-28, 1968, pages 1-2; November 17-18, 1967, page 2.
EXPLANATORY NOTE
Rule 3 was amended, effective 1/1/1995;3/1/1996;3/1/2006;3/1/2007;8/1/2011;3/1/2013;3/1/2016; amended by Order dated December 22, 2016 effective 3/1/2017; amended by Order September 4, 2019 effective 9/15/2019.
Subdivision (a) was amended, effective 1/1/1995, to allow a complaint to be subscribed and sworn to outside the presence of a magistrate. An effect of this amendment is to allow facsimile transmission of the complaint. For a listing of officers authorized to administer oaths, see N.D.C.C. § 44-05-01. The amendment does not preclude a magistrate from examining a complainant or other witnesses under oath when making the probable cause determination. Subdivision (a) was amended, effective3/1/1996, to clarify that the complaint is the initial document for charging a person with a misdemeanor or felony.
Subdivision (a) was amended, effective3/1/2007, to specify that the complaint must contain a statement of the facts that establish the elements of the offense charged.
Subdivision (a) was amended, effective8/1/2011, to eliminate language about the complaint being the initial charging document for all criminal offenses. N.D.C.C. § 29-04-05 was amended in 2011 to specify that "A prosecution is commenced when a uniform complaint and summons, a complaint, or an information is filed or when a grand jury indictment is returned."
Subdivision (a) was amended, effective3/1/2013, to allow the complaint to be presented to the magistrate by telephone or other reliable electronic means under Rule 4.1.
Subdivision (a) was amended, 3/1/2017, to allow a licensed peace officer to make a complaint in a written declaration that it is made and subscribed under penalty of perjury. This amendment facilitates submission of electronic documents to establish the grounds for a complaint. Any electronic signature on a document submitted under this rule by a licensed peace officer is considered to be that of the officer.
Subdivision (a) was amended, effective 9/15/2019, to remove language limiting the use of unsworn declarations to peace officers. N.D.C.C. ch. 31-15 allows anyone to make an unsworn declaration that has the same effect as a sworn declaration. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.
Subdivision (c) is similar to Rule 7(e).
Subdivision (c) was amended, effective 3/1/2016, to require a written dismissal to be stated on the amended complaint if the prosecuting attorney chooses not to pursue charges raised in the initial complaint.
Rule 3 was amended, effective3/1/2006, in response to the12/1/2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule w ere changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 29-01-13(1), 29-05-01 to the extent that it requires a complaint to be sworn,29-05-02 to the extent that it requires a complaint to be subscribed and sworn to before a magistrate, 29-05-03, 33-12-03, 33-12-04, 33-12-05, 33-12-16, 33-12-25.
CONSIDERED: N.D.C.C. ch. 31-15, §§ 29-04-05, 12-01-04(12), 29-01-14, 29-02-06, 29-02-07, 29-04-05, 29-05-01. 29-05-05.
N.D.R.Crim.P. 4.1 (Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means); N.D.R.Crim.P. 7 (The Indictment and the Information).