ANNOTATIONS    PAGE 4

                        and any particular instrument may be in more or less the form illustrated"): 

                                    Arrest Warrant on a Complaint,
Arrest Warrant After Indictment or Information,
Arrest Warrant when Defendant Fails to Appear for Sentencing.  (New Rule 2.36, Forms 5, 6, and 7)

(B)  New, changed predicate: Instead of the previously-applicable language bolded above, the following forms are subject to new language: "The following forms are illustrative and not mandatory, but any particular instrument shall substantially comply with the form illustrated":

Bail Bond
Order for Discharge of Defendant Upon Bail
Order for Discharge of Defendant upon Bail (another form)
Trial Information
Indictment
Written Arraignment and Plea of Not Guilty
Application for Postconviction Relief.
                                    (New Rule 2.37, Forms 1- 7)

(C)  New: no predicate, formerly was "The forms contained in the appendix of forms are illustrative and not mandatory, and any particular instrument may be in more or less the form illustrated"): All simple misdemeanor forms. (New Rule 2.76).

Simple misdemeanors

Clerks of district court now empowered to enter judgment of forfeiture of collateral.  (Former Rule 53, New Rule 2.72 -- Forfeiture of collateral in lieu of appearance)


Notice of appeal - how filed.  Notice of appeal of simple misdemeanor conviction can be given in two ways: as before, by giving oral notice to the magistrate at the time judgment is pronounced, and (NEW) by filing a written notice of appeal with the district court clerk within ten days of judgment.  In the 2001 rules, the written notice alternative was filed with the magistrate, not the clerk of court.  New Rule 2.73(1); former Rule 54(1).

Next Page