TITLE ONE — SCOPE, PURPOSE, AND CONSTRUCTION

Rule 1. Title; Scope

Cite asRid. R. Crim. P. 1Official text at page 1

Title. These rules may be known and cited as the Ridgeway Rules of Criminal Procedure. (Rid. R. Crim. P.)

Authority. These rules are prescribed by the Supreme Court of the State of Ridgeway through the Judicial Conference, pursuant to Const. art. V § 9 and 3 R. Stat. § 121.106. Rules 18.1 through 18.5, and every order, form, and designation prescribed under them, are in addition prescribed by the Chief Justice under 6 R. Stat. § 131.501(e)(1) and have the force of law upon publication, as § 131.501(e)(2) provides. A rule so prescribed shall be consistent with 6 R. Stat. § 131.501.

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Scope. These rules govern the procedure in all criminal proceedings in the Superior Court of the State of Ridgeway, which has original jurisdiction over all felony and misdemeanor crimes under the Ridgeway Criminal Code and all vehicular infractions under the Ridgeway Vehicle Code, as provided by 3 R. Stat. § 131.004. They govern:

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every proceeding upon a criminal information or an indictment, from the filing of the accusatory instrument through judgment, sentence, and the entry of a notice of appeal;

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proceedings before a magistrate judge assigned or referred a criminal matter under 3 R. Stat. § 131.203;

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first appearances and probable cause proceedings conducted under Rule 3.1 and 6 R. Stat. § 131.204, and proceedings for the filing of charges, arraignment, a preliminary hearing, and the bind-over of charges conducted under Rule 7.2 and 6 R. Stat. § 131.204(b);

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grand jury proceedings conducted under Rule 5;

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arrest warrant, search warrant, and bench warrant proceedings conducted under Rules 6, 6.1, and 44;

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expungement and sealing proceedings under Title Five; and

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proceedings for post-conviction relief under Rule 30.

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Proceedings Not Governed. These rules do not govern:

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proceedings in the Supreme Court of the State of Ridgeway, which are governed by the Ridgeway Rules of the Supreme Court, except that Rule 18.3(6) governs the determination of an application for an absentia authorization by the Chief Justice, or by a judge designated under 6 R. Stat. § 131.501(e), that determination being an act in the Superior Court matter and not a proceeding in the Supreme Court;

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civil actions, which are governed by the Ridgeway Rules of Civil Procedure; or

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proceedings in the Administrative Court, except insofar as these rules are made applicable by law or by order of the court.

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Evidence. The Ridgeway Rules of Evidence govern the admission of evidence in criminal proceedings. The law regarding the competency of evidence and witnesses in civil proceedings applies in criminal proceedings, as provided by 6 R. Stat. § 131.304.

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Relation to Statute and Constitution. These rules shall not abridge, enlarge, or modify any substantive right, as provided by 3 R. Stat. § 121.106(b). 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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Local Rules. A judge of the Superior Court may prescribe local rules of practice, binding only within the court where prescribed, as provided by 3 R. Stat. § 121.106(c). No local rule shall abridge, enlarge, or modify a substantive right or conflict with these rules.

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Construction of Cross-References. A reference in these rules to the Ridgeway Rules of Appellate Procedure shall be read as a reference to the Ridgeway Rules of the Supreme Court.