MUNICIPAL COURTS ARE COURTS OF RECORD AS OF JULY 1
MUNICIPAL COURTS ARE COURTS OF RECORD AS OF JULY 1
ANDY FORWARD Attorney at Law
The 69th Legislative Assembly passed House Bill 1032, which repealed the old chapter on municipal judges, N. D. C. C. ch. 40-18, and created a new chapter on municipal courts, N. D. C. C. ch. 40-18.1. Chapter 40-18.1 clarified municipal court procedures and made the municipal court a court of record. Chapter 40-18.1 took effect on July 1, 2025, and municipal courts became courts of record on July 1 of this year.
The enactment of Chapter 40-18.1 prompted the Supreme Court to create a municipal court task force to study the legislative changes and propose amendments to court rules relating to municipal courts. In February 2026, the task force submitted proposed amendments to the Supreme Court. After a comment period, the Court approved amendments to the following rules effective July 1.
N. D. Sup. Ct. Admin. R. 17 – Rule Relating to District Judge Self- Disqualification Procedure
Rule 17 was amended to remove municipal court judges from the rule’ s application. Section 40-18.1-07, N. D. C. C., provides the procedure for appointing a municipal judge due to a disqualification or vacancy.
N. D. Sup. Ct. Admin. R. 25 – Authorizations to Administer Oaths
Rule 25 was amended to authorize municipal judges and designated municipal court personnel to administer oaths in recorded court proceedings.
N. D. Sup. Ct. Admin. R. 30 – Minimum Standards for Municipal Courts in North Dakota
Rule 30 was amended to:( 1) specify each municipal courtroom must include the equipment necessary to electronically record and store the record of court proceedings;
( 2) require the prosecution of each contested case and class B misdemeanor case by a city prosecutor; and
( 3) establish annual caseload and financial reporting requirements for municipal courts.
N. D. Sup. Ct. Admin. R. 36 – Judicial Branch Education
Rule 36 was amended to specify municipal courts are courts of record.
N. D. Sup. Ct. Admin. R. 46.1 – Duties, Qualifications, and Education of the Clerk of Municipal Court
Rule 46.1 is a new rule establishing the duties and qualification requirements for municipal court clerks. Rule 46.1 is similar to Rule 46 relating to district court clerks.
N. D. R. Crim. P. 12 – Pleadings and Pretrial Motions
Rule 12( f) was amended to remove language exempting municipal courts from the requirement to record proceedings.
N. D. R. Crim. P. 37 – Appeal as of Right to District Court; How Taken
Rule 37 was amended to:( 1) remove references to trial anew;( 2) clarify that appellate review by the district court will be based solely on the municipal court record; and
( 3) allow the district court to summarily affirm the municipal court judgment or dismiss the appeal if the appellant fails to prosecute the appeal.
N. D. R. Civ. P. 60 – Relief from a Judgment or Order
Rule 60 added a new subdivision( f) making the rule applicable to municipal courts for purposes of granting relief from a judgment or order.
Recent Rule Amendments Approved by the Supreme Court Effective June 1
The Supreme Court has approved amendments to the following rules effective June 1.
N. D. Sup. Ct. Admin. R. 20 – Magistrates; N. D. Sup. Ct. Admin. R. 36 – Judicial Branch Education
Rules 20 and 36 were amended to clarify if a magistrate is a judicial referee, continuing education for a magistrate is not required.
N. D. Sup. Ct. Admin. R. 59.1 – Office of Guardianship and Conservatorship
Rule 59.1 is a new rule adopted in response to the 2025 enactment of N. D. C. C. ch. 54- 68, which created the office of guardianship and conservatorship. Section 1 of Rule 59.1 says its purpose“ is to establish a mechanism for the office of guardianship and conservatorship to appear in guardianship and conservatorship matters, to exchange information with the court, and to provide procedures for courts to refer guardianship and conservatorship cases to the office of guardianship and conservatorship.”
Admission to Practice R. 6 – Admission by Bar Examination; Admission to Practice R. 7 – Admission by Motion; Admission to Practice R. 13 – Public Records
Rules 6, 7, and 13 were amended to recognize the adoption of the NextGen Uniform Bar Examination( NGUBE), which will be administered beginning in July 2027.
The rules are available on the North Dakota Supreme Court website, www. ndcourts. gov.
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