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Ridgeway Rules of Criminal Procedure

Superior Court · cited as Rid. R. Crim. P. · 2026 edition

As adopted July 31, 2026 · last amended July 31, 2026 — Judicial Conference; conformed to S12-13 and S12-20

Contents

TITLE ONESCOPE, PURPOSE, AND CONSTRUCTION

  • 1Title; Scope
  • 2Purpose; Construction; Definition of Terms
  • 2.1Electronic Filing; Definitions Relating to Filing and Service

TITLE TWOPRELIMINARY PROCEEDINGS

  • 3Criminal Information and Indictment; Probable Cause Hearing
  • 3.1First Appearance; Determination of Probable Cause for Detention
  • 3.2Commencement; Charging Referrals
  • 4Form and Contents of Indictment or Information; Amendment
  • 5The Grand Jury
  • 6Summons to Appear; Arrest Warrant
  • 6.1Arrest Without a Warrant; Disposition of Arrested Persons
  • 7Initial Appearance and Arraignment
  • 7.1Conditions of Release; Pre-Trial Detention; No Bond Hearings
  • 7.2Filing of Charges Following a First Appearance; Preliminary Hearing; Bind-Over
  • 8Assignment of Counsel
  • 8.1Waiver of Counsel; Self-Representation
  • 9Joinder of Offenses or Defendants
  • 10Continuances
  • 11Pretrial Conference and Pretrial Hearing
  • 12Pleas and Plea Agreements
  • 13Pretrial Motions
  • 13.1Motion to Suppress
  • 14Pretrial Discovery
  • 15Interlocutory Appeal
  • 16Dismissal by the Prosecution
  • 17Summonses for Witnesses
  • 17.1Immunity; Compelled Testimony
  • 18Presence of Defendant; Waiver and Forfeiture of Presence
  • 18.1The Presence Warning
  • 18.2Criminal Default; Default Warrant
  • 18.3Authorization to Proceed in the Defendant’s Absence
  • 18.4Conduct of a Trial in Absentia
  • 18.5Motion to Vacate a Judgment Entered in Absentia; New Trial
  • 19Speedy Trial
  • 20Rights of Victims
  • 21Sequestration of Witnesses
  • 22Objections
  • 23Stipulations

TITLE THREETRIAL PROCEEDINGS

  • 24Trial Process
  • 24.1Trial by Jury; Petit Juries in Prosecutions for Treason
  • 24.2Instructions to the Jury
  • 25Motion Required for Finding of Not Guilty
  • 26Requests for Rulings
  • 27Mistrial; Former Jeopardy

TITLE FOURSENTENCING

  • 28Judgment
  • 28.1Sentencing Procedure; Guidelines; Credit for Time Served
  • 28.2Probation and Community Control
  • 28.3Capital Sentencing; Warrant of Execution
  • 29Revision or Revocation of Sentence
  • 29.1Probation Revocation
  • 30Postconviction Relief
  • 31Stay of Execution; Relief Pending Review; Automatic Expiration of Stay
  • 32Filing and Service of Papers
  • 33Fugitive from Justice
  • 34Report
  • 35Appeal

TITLE FIVEEXPUNGEMENT PROCEEDINGS

  • 36Petition to Seal or Expunge
  • 37Expungement Hearing
  • 38Expungement; Sealing
  • 38.1Clemency; Restoration of Rights
  • 38.2Vacatur of Arrest

TITLE SIXSUPPLEMENTARY PROCEEDINGS; SPECIAL PROCEEDINGS; SUPPLEMENTARY RULES

  • 39Disability of Judge
  • 40Proof of Official Records
  • 41Interpreters and Experts
  • 42Clerical Mistakes
  • 43Summary Contempt Proceedings
  • 44Search Warrants
  • 44.1Arrest Warrants
  • 45Removal of the Disruptive Defendant
  • 46Time
  • 47Special Magistrates
  • 48Sanctions

Promulgation and amendment

Rule 18 and Rules 18.1–18.5 promulgated by Order of the Chief Justice No. 2026-21, under 6 R. Stat. § 131.501(e).

Adopted by the Supreme Court of the State of Ridgeway through the Judicial Conference on Friday, July 31, 2026, pursuant to Const. art. V § 9 and 3 R. Stat. § 121.106, and operative from that date. These Rules govern the procedure in all criminal proceedings in the Superior Court of the State of Ridgeway.

These Rules were adopted by the Supreme Court of the State of Ridgeway, sitting through the Judicial Conference, on Friday, July 31, 2026, pursuant to Const. art. V § 9 and 3 R. Stat. § 121.106. They are operative from that date and govern every criminal proceeding commenced after that hour and every proceeding then pending.

Rule 3.1 was retitled and rewritten, and Rule 7.2 was added, to conform these Rules to 6 R. Stat. § 131.204 and to 6 R. Stat. § 131.204(b) as amended and enacted by the Act designated S12-20. The conforming amendments so required are incorporated throughout.

Rule 18 was amended, and Rules 18.1 through 18.5 were added, by Order of the Chief Justice No. 2026-21, entered July 30, 2026, In re Rules Governing Criminal Defaults and Trials in Absentia. That Order was made under 6 R. Stat. § 131.501(e)(1), as enacted by § 4 of the Criminal Trial Presence and Default Reform Act (S12-13), and the rules it promulgates have the force of law upon publication, as § 131.501(e)(2) provides. The conforming amendments made by § 2 of that Order are incorporated throughout.

Nothing in these Rules abridges, enlarges, or modifies a substantive right, as 3 R. Stat. § 121.106(b) requires. Where a rule cannot be reconciled with the Constitution of the State of Ridgeway or with a statute, the Constitution or the statute governs and the rule is of no effect to the extent of the conflict.

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