- ARTICLE 1 General Provisions
- 5-101. Scope and title.
- ANNOTATIONS
- 5-102. Rules and forms.
- ANNOTATIONS
- 5-103. Service and filing of pleadings and other papers.
- ANNOTATIONS
- 5-103.1. Service and filing of pleadings and other papers by facsimile.
- ANNOTATIONS
- 5-103.2. Electronic service and filing of pleadings and other papers.
- ANNOTATIONS
- 5-104. Time.
- ANNOTATIONS
- 5-105. Designation of judge.
- ANNOTATIONS
- 5-106. Peremptory challenge to a district judge; recusal; procedure for exercising.
- ANNOTATIONS
- 5-107. Entry of appearance.
- ANNOTATIONS
- 5-108. Nonadmitted and nonresident counsel.
- ANNOTATIONS
- 5-109. Court-appointed attorneys.
- ANNOTATIONS
- 5-110. Clinical education.
- 5-110.1. Clinical education; out-of-state law school approved programs.
- 5-111. Record.
- ANNOTATIONS
- 5-112. Failure to observe rules.
- ANNOTATIONS
- 5-113. Harmless error; clerical mistakes.
- ANNOTATIONS
- 5-114. Decorum of grand jury proceedings.
- ANNOTATIONS
- 5-115. Conduct of court proceedings.
- ANNOTATIONS
- 5-116. Witness immunity.
- ANNOTATIONS
- 5-117. Record; exhibits.
- 5-118. Form of papers.
- ANNOTATIONS
- 5-119. Witnesses.
- ANNOTATIONS
- 5-120. Motions.
- ANNOTATIONS
- 5-121. Orders; preparation and entry.
- ANNOTATIONS
- 5-123. Public inspection and sealing of court records.
- ARTICLE 2 Initiation of Proceedings
- 5-201. Methods of prosecution.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. COMMENCEMENT OF PROSECUTION.
- III. COMPLAINT.
- IV. INFORMATION.
- A. IN GENERAL.
- B. ESSENTIAL FACTS.
- C. SUFFICIENCY OF REFERENCE TO OFFENSE.
- V. INDICTMENTS.
- A. IN GENERAL.
- B. ESSENTIAL FACTS.
- C. SUFFICIENCY OF REFERENCE TO OFFENSE.
- 5-202. General rules of pleadings.
- ANNOTATIONS
- 5-203. Joinder; severance.
- ANNOTATIONS
- I. JOINDER OF OFFENSES.
- II. JOINDER OF DEFENDANTS.
- III. MOTION FOR SEVERANCE.
- 5-204. Amendment or dismissal of complaint, information and indictment.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. DEFECTS, ERRORS AND OMISSIONS.
- III. SURPLUSAGE.
- IV. VARIANCES.
- V. EFFECT.
- 5-205. Unnecessary allegations.
- ANNOTATIONS
- I. UNNECESSARY ALLEGATIONS.
- II. STATEMENT OF FACTS.
- 5-206. Signing of pleadings.
- ANNOTATIONS
- 5-207. Withdrawn.
- ANNOTATIONS
- 5-208. Issuance of warrant for arrest and summons.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. FORM.
- III. BASIS FOR WARRANT.
- 5-209. Service of summons; failure to appear.
- ANNOTATIONS
- 5-210. Arrests without a warrant; arrest warrants.
- ANNOTATIONS
- 5-211. Search warrants.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. ISSUANCE.
- III. CONTENTS.
- IV. EXECUTION.
- V. RETURN.
- VI. PROBABLE CAUSE.
- 5-212. Motion to suppress.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. PROPERTY.
- A. IN GENERAL.
- B. SEIZED FROM BUILDINGS OR GROUNDS.
- C. SEIZED FROM MOTOR VEHICLE, ETC.
- D. SEIZED FROM PERSON.
- III. SUPPRESSION OF OTHER EVIDENCE.
- IV. TIME FOR FILING.
- V. HEARING.
- ARTICLE 3 Pretrial Proceedings
- 5-301. Arrest without warrant; probable cause determination; first appearance.
- ANNOTATIONS
- 5-302. Preliminary examination.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. SUBPOENA OF WITNESSES.
- III. RECORD OF HEARING.
- IV. FINDINGS OF COURT.
- V. TIME.
- VI. REMAND FOR PRELIMINARY EXAMINATION.
- 5-302A. Grand Jury Proceedings.
- 5-303. Arraignment.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. ARRAIGNMENT.
- III. READING OF INDICTMENT OR INFORMATION.
- IV. PLEAS.
- V. REFUSAL TO PLEAD.
- VI. ADVICE TO DEFENDANT.
- VII. ENSURING VOLUNTARY PLEA.
- VIII. RECORD OF PROCEEDINGS.
- IX. WAIVER OF ARRAIGNMENT.
- 5-304. Pleas.
- ANNOTATIONS
- ARTICLE 4 Release Provisions
- 5-401. Bail.
- ANNOTATIONS
- 5-401A. Bail; unpaid surety.
- 5-401B. Bail bonds; justification of compensated sureties.
- ANNOTATIONS
- 5-402. Release; during trial, pending sentence, motion for new trial and appeal.
- ANNOTATIONS
- 5-403. Revocation of release.
- ANNOTATIONS
- 5-404. Bail for witness.
- ANNOTATIONS
- 5-405. Appeal from orders regarding release.
- ANNOTATIONS
- 5-406. Bail bonds; exoneration; forfeiture.
- ANNOTATIONS
- 5-407. Bail bonds; notice.
- ARTICLE 5 Discovery
- 5-501. Disclosure by the state.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. INFORMATION SUBJECT TO DISCLOSURE.
- III. LIST OF STATE WITNESSES.
- 5-502. Disclosure by the defendant.
- ANNOTATIONS
- 5-503. Depositions; statements.
- ANNOTATIONS
- 5-503.1. Persons before whom depositions may be taken.
- ANNOTATIONS
- 5-503.2. Depositions; failure to make discovery; sanctions.
- ANNOTATIONS
- 5-504. Videotaped depositions; testimony of certain minors who are victims of sexual offenses.
- ANNOTATIONS
- 5-505. Continuing duty to disclose.
- ANNOTATIONS
- 5-506. Grand jury proceedings.
- ANNOTATIONS
- 5-507. Depositions; statements; protective orders.
- ANNOTATIONS
- 5-508. Notice of alibi; entrapment defense.
- ANNOTATIONS
- 5-509. Habitual criminal proceedings; notice of attack on prior sentence.
- ANNOTATIONS
- 5-511. Subpoena.
- 5-512. Stipulations regarding discovery procedure.
- ARTICLE 6 Trials
- 5-601. Pretrial motions, defenses and objections.
- ANNOTATIONS
- 5-602. Insanity; incompetency; lack of capacity.
- ANNOTATIONS
- 5-603. Pretrial hearing.
- ANNOTATIONS
- 5-604 . Time of commencement of trial.
- ANNOTATIONS
- 5-605. Jury trial.
- ANNOTATIONS
- 5-606. Jurors.
- ANNOTATIONS
- 5-607. Order of trial.
- ANNOTATIONS
- 5-608. Instructions to juries.
- ANNOTATIONS
- 5-609. Submission to jury.
- ANNOTATIONS
- 5-610. Additional instructions to jury following retirement; communications between court and jury.
- ANNOTATIONS
- 5-611. Return of verdict; mistrial; discharge of jurors.
- ANNOTATIONS
- 5-612. Presence of the defendant; appearance of counsel.
- ANNOTATIONS
- 5-613. Conduct of trial.
- ANNOTATIONS
- 5-614. Motion for new trial.
- ANNOTATIONS
- ARTICLE 7 Judgment and Appeal
- 5-701. Judgment; costs.
- ANNOTATIONS
- 5-702. Advising defendant of a right to appeal.
- ANNOTATIONS
- 5-703. Predisposition report procedure.
- ANNOTATIONS
- 5-704. Death penalty; sentencing.
- ANNOTATIONS
- ARTICLE 8 Special Proceedings
- 5-801. Modification of sentence.
- ANNOTATIONS
- 5-802. Habeas corpus.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. SCOPE OF RULE; GROUNDS FOR RELIEF.
- A. IN GENERAL.
- B. PRETRIAL MATTERS.
- C. TRIAL MATTERS.
- D. POST-TRIAL MATTERS.
- E. RIGHT TO COUNSEL; OTHER RIGHTS.
- III. DELAYED OR SUCCESSIVE MOTIONS AND DIRECT APPEAL ISSUES.
- A. IN GENERAL.
- B. GROUNDS COULD HAVE BEEN RAISED ON APPEAL.
- C. PREVIOUS CONSIDERATION ON APPEAL OR HABEAS CORPUS.
- D. GROUNDS NOT RAISED BEFORE APPEAL OR MOTION.
- E. SUCCESSIVE MOTIONS.
- F. GROUNDS COULD HAVE BEEN RAISED ON PRIOR MOTIONS.
- IV. FORM OF MOTION; TRANSCRIPT.
- V. MOTION TO BE SPECIFIC.
- VI. INITIAL CONSIDERATION; SUMMARY DISMISSAL.
- A. IN GENERAL.
- B. GRANT OF EVIDENTIARY HEARING.
- VII. EVIDENTIARY HEARING.
- A. COUNSEL.
- B. PROCEDURE OF HEARING.
- C. SCOPE OF HEARING.
- D. PRESENCE OF DEFENDANT.
- 5-805. Probation; violations.
- ANNOTATIONS
- 5-820. Fugitive complaint.
- ANNOTATIONS
- 5-821. Arraignment and commitment hearing prior to issuance of the governor's rendition warrant.
- 5-822. Commencement and continuation of fugitive actions after issuance of a governor's rendition warrant.
- 5-823. Rights hearing; filing of demand for extradition.
- 5-824. Petition for writ of habeas corpus.
- 5-825. Bail after arrest on a governor's rendition warrant; dismissal for failure to deliver defendant.
- ARTICLE 9 Appendices
- 5-901. Time sequence for typical felony case.
- 5-902. Contempt of court.
- 5-903. Juror handbook (Transferred).
- ANNOTATIONS
- Table Of Corresponding Rules
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