Judge - Disability

North Dakota Rules of Criminal Procedure

Rule: 25.

Jurisdiction: ND

Bluebook Citation: N.D.R.Crim.P. 25.

(a) During Jury Trial. A successor in office or any judge regularly sitting in or assigned to the court may complete a jury trial if: (1) the judge before whom the trial began cannot proceed because of termination of office, death, sickness, or other disability; and (2) the judge completing the trial certifies familiarity with the trial record. (b) After Verdict or Finding of Guilt. (1) In General. After a verdict or finding of guilt, a successor in office or any judge regularly sitting in or assigned to the court may complete the court's duties if the judge who presided at trial cannot perform those duties because of termination of office, absence, death, sickness, or other disability. (2) The successor judge may grant a new trial if satisfied that: (A) a judge other than the one who presided at the trial cannot perform the post-trial duties; or (B) a new trial is necessary for some other reason.

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