Author: Rowan

No. I started posting in late 2002.

(http://www.autoadmit.com/thread.php?thread_id=267988&forum_id=2#3919337 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477090)

Author: Rowan

I got hit on occasionally during 1L, and not at all after that. That was fine by me, though, and I didn't really go to law school parties after 1L in any case.

(http://www.autoadmit.com/thread.php?thread_id=259401&forum_id=2#3824008 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477092)

Date: January 10th, 2006 4:13 PM

Author: Rowan (Red Pride!)

I can and have burned at sunset.

(http://www.autoadmit.com/thread.php?thread_id=336618&forum_id=2#4781948 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477094)

Date: June 16th, 2005 8:24 PM

Author: Rowan

No. I very rarely shop at banana.

(http://www.autoadmit.com/thread.php?thread_id=200081&forum_id=2#3034320 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477096)

Date: May 11th, 2006 9:10 PM

Author: Rowan

No, that would be horrible. I'm so not a morning person.

How do you like your hours? Are they 8-8?

(http://www.autoadmit.com/thread.php?thread_id=415253&forum_id=2#5767829 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477100)

Date: December 2nd, 2005 1:14 PM

Author: Rowan

My email address is rowan_pr@hotmail.com, but I make no promises that I will actually read it. I don't think I ever got around to reading poor NASC's (sorry NASC).

(http://www.autoadmit.com/thread.php?thread_id=310278&forum_id=2#4439654 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477102)

Author: pacta cum daemonibus

http://www.hotornot.com/r/?eid=AYKUNRN&key=QLN

(http://www.autoadmit.com/thread.php?thread_id=356946&forum_id=2#5045249 )

[Note: also archived at http://img177.imageshack.us/img177/4212/aykunrnllnuglh8.jpg ]

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477103)

Author: Internets Do Not Forget

Are you talking about this picture http://img366.imageshack.us/img366/1174/735rowhlsks0.gif ?

(http://www.autoadmit.com/thread.php?thread_id=488717&forum_id=2#6613956 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6614206)

http://www.hidebehind.com/8B8BA2

See: http://www.autoadmit.com/thread.php?thread_id=634675&forum_id=2#8146525 and http://www.autoadmit.com/thread.php?thread_id=634675&forum_id=2#8146923

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#8147055)

Author: Rowan (Red Pride!)

I think I'm average, probably below average in some respects. I don't really think "ugly", though it doesn't really bother me if other people do.

(http://www.autoadmit.com/thread.php?thread_id=333518&forum_id=2#4740823 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477106)

Author: Rowan

5'5, 120 pounds (I'd like to lose 10), normal tits, I work out a few times a week but am not one of those people who lives at the gym or anything. Nothing very interesting.

(http://www.autoadmit.com/thread.php?thread_id=488717&forum_id=2#6607839 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6608141)

Date: April 3rd, 2006 11:29 PM

Author: Rowan

B+, Civ Pro, Contracts, Property

(http://www.autoadmit.com/thread.php?thread_id=393470&forum_id=2#5506887 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477107)

Date: November 18th, 2005 6:03 PM

Author: Rowan

I'm not sure where people got that idea. My actual first name isn't particularly strange or uncommon.

(http://www.autoadmit.com/thread.php?thread_id=301252&forum_id=2#4326132 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477111)

Author: Scrummie2 (I get older, they stay the same age...yes they do)

Yeah, I see you're on the list. Congrats!

(http://www.autoadmit.com/thread.php?thread_id=301252&forum_id=2#4327339 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477114)

Author: Rowan (Red Pride!)

Yes, I took it in July and passed.

(http://www.autoadmit.com/thread.php?thread_id=340518&forum_id=2#4832105 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477115)

Date: December 2nd, 2005 1:09 PM

Author: Rowan

He's an english teacher.

(http://www.autoadmit.com/thread.php?thread_id=310278&forum_id=2#4439624 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477118)

Date: January 10th, 2006 12:59 AM

Author: Rowan (Red Pride!)

I have no idea what his SAT scores were - he took the test like 15 years ago, why the hell would I ask him that? He went to a decent college (or at least one I'd heard of before I met him) and I believe was getting As in some science major before he decided to switch over to a liberal arts one. He likes being a teacher. It's a good fit for his personality and interests, and he's planning to be an administrator someday.

(http://www.autoadmit.com/thread.php?thread_id=336358&forum_id=2#4778637 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477170)

Author: sarcaschtick

wait, you and bf broke up?

(http://www.autoadmit.com/thread.php?thread_id=633112&forum_id=2#8130088 )

-----------------------------------------------------------

Date: May 17th, 2007 10:31 AM

Author: Rowan

Yup.

(http://www.autoadmit.com/thread.php?thread_id=633112&forum_id=2#8130094 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#8131064)

Date: March 22nd, 2006 10:56 AM

Author: Rowan (daywalker)

People in Gropius seem to eat in the Hark fairly often. Maybe 4-5 times a week? I don't know many people who had every meal there, but it's an easy place to grab lunch or dinner.

(http://www.autoadmit.com/thread.php?thread_id=384691&forum_id=2#5397825)

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477121)

Author: ...mobiusnu... (Unum saltum et siffletum et unum bumbulum)

"Top 20. That's as far as I'll narrow it down."

All right, boys and girls. That means we only have to search 20 firms with Harvard chosen as the law school. And only searching NYC will cut that a little more.

(http://www.autoadmit.com/thread.php?thread_id=275091&forum_id=2#4010339 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477123)

Author: Rowan (Red Pride!)

I'm not listed.

(http://www.autoadmit.com/thread.php?thread_id=346625&forum_id=2#4911262 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477125)

Author: Rowan (Red Pride!)

I passed the bar exam. That doesn't necessarily mean I'm admitted to practice. Not all firms list first year associates, even those who are admitted to the bar. Some don't list junior people at all, and many don't give any details about them. I wouldn't waste too much time looking for me, I won't be up anytime soon.

(http://www.autoadmit.com/thread.php?thread_id=346625&forum_id=2#4911271 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477127)

Author: Rowan

A few months, I haven't really started on it yet...

(http://www.autoadmit.com/thread.php?thread_id=310278&forum_id=2#4439550 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477131)

Date: March 29th, 2006 8:54 PM

Author: Rowan (daywalker)

College. It was nice then, but I don't think I'll move back. Ok, I guess. I don't really evalute the quality of women in a given city.

(http://www.autoadmit.com/thread.php?thread_id=389790&forum_id=2#5460273 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477132)

Author: Rowan

Yes, I've lived in Minneapolis.

(http://www.autoadmit.com/thread.php?thread_id=500617&forum_id=2#6734010 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6734261)

Date: February 24th, 2006 1:39 PM

Author: Rowan (daywalker)

I talked to an actual lawyer. He laughed at me. He explained that people who defend the environment do not work in firms, that environmental lawyers in big firms tend to work for the companies, and that if I wanted to work in a firm for big companies that was fine but that I shouldn't narrow it down to one specialty right away. He was right.

(http://www.autoadmit.com/thread.php?thread_id=367155&forum_id=2#5173989 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477135)

Date: February 24th, 2006 1:41 PM

Author: Rowan (daywalker)

No, definitely not. I'm doing corporate transactional law. At some point after that conversation, and for totally unrelated reasons, I realized that I work a lot better with business types than with activist types.

And to be honest, I'm not up for living on a public interest salary - that's one of the reasons why my lawyer acquaintence was laughing at me.

(http://www.autoadmit.com/thread.php?thread_id=367155&forum_id=2#5174007 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477146)

Date: October 9th, 2005 10:02 PM

Author: Rowan

Nah, I just stopped feeling like being helpful.

(http://www.autoadmit.com/thread.php?thread_id=275091&forum_id=2#4010425 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477147)

Author: Rowan

A difficult position, but one that can be fun once in awhile. The quality of the fucking varies greatly with the dick and the guy.

(http://www.autoadmit.com/thread.php?thread_id=254664&forum_id=2#3767814 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477152)

Date: September 7th, 2005 8:15 PM

Author: Rowan

I'm pretty loud, but I tend to be more of a screamer than a talker.

(http://www.autoadmit.com/thread.php?thread_id=254664&forum_id=2#3767876 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477155)

Author: Rowan

Ohhhh ohhhh mmmmmm oh my god, oh my fucking god, ahhhhhhhhhh AHHHHHHHHH, fuck me harder, AHHH AHHH AHHHH.

(http://www.autoadmit.com/thread.php?thread_id=254664&forum_id=2#3767912 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477156)

Author: Rowan

I'm ok being woken up in the morning, or from a nap. If someone wakes me up after I've just fallen asleep, I'm generally pretty crabby and he needs to do some serious licking to make it worth it.

(http://www.autoadmit.com/thread.php?thread_id=495568&forum_id=2#6679591 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6682139)

Date: September 30th, 2005 10:48 PM

Author: Rowan

I've started work. It's not at Milbank. So I guess the answer is no?

(http://www.autoadmit.com/thread.php?thread_id=269969&forum_id=2#3942933 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477157)

Date: April 15th, 2006 8:24 PM

Author: Rowan

I have RCN, which has a very similar HD-DVR and HDTV package. DVR is definitely worth the money if you're a lawyer. Apparently the previous tenant screwed over Time Warner, and they refused to deal with me unless I went to their offices with ID.

Mine is 42 - I figured that a 50 inch screen would be so big that it might not fit in future apartments. But don't carry it upstairs - have it delivered!

(http://www.autoadmit.com/thread.php?thread_id=400218&forum_id=2#5587854 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477161)

Date: August 25th, 2005 2:39 AM

Author: Rowan

I'm probably not going to post very much. I have a strict rule against posting at work and didn't have any trouble follwing as a summer, and I'm guessing I'll be busier as an associate. I might or might not stop by sometimes in my off hours.

(http://www.autoadmit.com/thread.php?thread_id=246526&forum_id=2#3672258 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477164)

Date: October 9th, 2005 10:01 PM

Author: Rowan

No. Not anytime soon.

But thanks, I think it is time for me to retire.

Fuck all of you.

(http://www.autoadmit.com/thread.php?thread_id=275091&forum_id=2#4010408 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6477166)

Author: Rowan

Despite the headline, I don't and don't really understand why people do. Maybe it's easier for penis people.

(http://www.autoadmit.com/thread.php?thread_id=480875&forum_id=2#6523089 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6524829)

Author: Rowan

Yeah. I got bored with it [the Bad Idea Bear schtick] pretty quickly, though, I'm surprised people remember it was around at all since it didn't last long.

http://www.autoadmit.com/thread.php?thread_id=481843&forum_id=2#6533511

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6533551)

Author: Rowan

I've been here since 2002, which is really sad.

Since mid-late 2003 I've been was Bad Idea Bear, a fairly well-known villain that I'm not going to disclose, and impostered a few people.

(http://www.autoadmit.com/thread.php?thread_id=481843&forum_id=2#6533538 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6533571)

http://www.autoadmit.com/thread.php?thread_id=14646&forum_id=2#23713

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6534848)

I don't know why I remember this. It is crowding out more useful information.

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6736076)

Author: Rowan

I can honestly say I don't give a shit. The money spent on the rock just ends up being money I wouldn't get to spend on other things, and some of the other things sound more appealing.

Might be because I've been engaged and had a big rock before, or because I'm currently dating someone who doesn't make way more than I do.

(http://www.autoadmit.com/thread.php?thread_id=511358&forum_id=1#6844742 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#6854310)

Author: Rowan

Um, I guess I like guys who are medium? No complete muscleheads, no one really skinny, generally of average height.

I've definitely never been involved with anyone smaller than me - that would be pretty hard to pull off, since I'm not particularly tall or heavy.

(http://www.autoadmit.com/thread.php?thread_id=527560&forum_id=2#7005159 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7005384)

Author: Poorly Written User Documentation

You look Irish from your pics. Are you?

(http://www.autoadmit.com/thread.php?thread_id=527560&forum_id=2#7005186 )

-----------------------------------------------------------

Date: November 16th, 2006 2:35 PM

Author: Rowan

Partly.

(http://www.autoadmit.com/thread.php?thread_id=527560&forum_id=2#7005192 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7005396)

Author: Rowan

I don't think anyone can control what their family calls them. Mine still refers to me as GARGLEDTWOYEAROLDATTEMPTATPRONOUNCINGMYNAME sometimes.

(http://www.autoadmit.com/thread.php?thread_id=531127&forum_id=2#7042288 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7042382)

Author: ...,,,.,,...,.,

biggest penis you have ever allowed to enter you?

(http://www.autoadmit.com/thread.php?thread_id=548331&forum_id=2#7248588 )

-----------------------------------------------------------

Date: December 18th, 2006 3:53 AM

Author: Rowan

7.5"?

( http://www.autoadmit.com/thread.php?thread_id=548331&forum_id=2#7248595 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7248788)

Author: Rowan

Not much different than a normal one, except a few painful times at the top.

(http://www.autoadmit.com/thread.php?thread_id=548331&forum_id=2#7248722 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7248799)

Author: Rowan

I don't have many nihilistic thoughts.

(http://www.autoadmit.com/thread.php?thread_id=548331&forum_id=2#7248679 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7248793)

Author: Rowan

Just sit quietly and think about what's going on now. Right now. The big picture stuff isn't as important as you think it is.

(http://www.autoadmit.com/thread.php?thread_id=548331&forum_id=2#7248750 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7248794)

Author: Rowan

Maybe if the lives of loved ones or enormous sums of money were at stake.

(http://www.autoadmit.com/thread.php?thread_id=548331&forum_id=2#7248632 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7248824)

Author: Rowan

Yup.

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7303516)

Author: Rowan

Hi back. It's really not a nip. Honest. The real one is in a different location, and so pale you couldn't see it in a truly transparent shirt, let alone under three layers of black. It's just a shitty photo.

(http://www.autoadmit.com/thread.php?thread_id=552972&forum_id=2#7303172 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7303393)

http://xoxohth.com/thread.php?thread_id=217850&mc=99

Date: July 13th, 2005 1:12 AM

Author: Self-Portrait in a Convex Crapturd (Endowed, Chaired Professor in Shtick Studies)

Goddamnit. I haven't had a girl swallow in forever.

Date: July 13th, 2005 1:28 AM

Author: Rowan

What? What kind of women are you dating?

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7303438)

http://www.autoadmit.com/thread.php?thread_id=571344&forum_id=2#7503551

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7503577)

(firms w/ 5+ HLS coming in last year)

(note, methodology, which may be flawed, consisted of pulling up random associate bio in NYC office and checking for photo.)

Wachtell

Cravath

Skadden

DPW

STB

Latham

Shearman

Debevoise

Willkie Farr

Proskauer

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7773598)

It shouldn't be hard to search those firms for HLS '04/'03 (whichever she is) females.

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7773599)

I would like to compare notes.

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#7836341)

Date: June 14th, 2007 9:20 PM

Author: Rowan

one's a dragon, the other is a sun-shaped design

(http://www.autoadmit.com/thread.php?thread_id=645154&forum_id=2#8256168 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#8256251)

Date: February 9th, 2008 3:37 PM

Author: Mr. Kirk Cameron

http://hidebehind.com/38815D

(http://www.autoadmit.com/thread.php?thread_id=762426&forum_id=2#9298437 )

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#9299440)

TO: Joint Procedure Committee

FROM: Sara Selby

RE: Rule 5.1, N.D.R.Crim.P., Preliminary Examination

5.1(a): The revised version of Fed.R.Crim.P. 5.1 is formatted differently than its North Dakota equivalent, and contains several sentences transferred from Fed.R.Crim.P. 5. In the North Dakota rules, these sentences fit more closely with N.D.R.Crim.P. 5's discussion of waiver of the preliminary hearing at the initial appearance, and they should be retained in their current location. The new federal rule also contains some additional details about selecting a district, scheduling, and extending the time periods for holding preliminary hearings. Fed.R.Crim.P. 5.1(b)'s provisions on selecting a district are irrelevant to North Dakota practice. Fed.R.Crim.P. 5.1(c)-(d) contain provisions on time limits for scheduling preliminary hearings that were previously part of Fed.R.Crim.P. 5(c). As N.D.R.Crim.P. 5 did not contain provisions similar to those in the equivalent federal rule, there seems to be no reason to incorporate it as a component of N.D.R.Crim.P. 5.1 now.

The revised version of Fed.R.Crim.P. 5(e) arranges its sentences differently than N.D.R.Crim.P. 5.1(a), describing the process of the preliminary hearing before the results of the hearing. Although this proceeds logically in sequence from the beginning of the hearing to the finding, N.D.R.Crim.P. 5.1(a)'s statement of the purpose of the preliminary hearing followed by the components of the hearing is also logical. Therefore, rearranging the North Dakota rule does not seem necessary. Another difference is that the North Dakota rule uses "arraignment" while the federal rule says vaguely that the defendant should be required to appear for "further proceedings." N.D.R.Crim.P. 5.1(a) formerly contained language more similar to that of the federal rule, but the Joint Procedure Committee decided to amend the language to the current version because the old version improperly implies that the magistrate schedules the arraignment and because the provision's specification of the court where the defendant should be arraigned was unnecessary. See Minutes of the Joint Procedure Comm. 5-6 (Jan.27-28, 1994). One potential problem with the current North Dakota sentence is that both clauses are in the passive voice. The first clause can be reworded by substituting "if the magistrate finds" for "it appears from the evidence there is." However, rewording of the second sentence is more complicated because the magistrate does not actually schedule the arraignment, as mentioned by the Joint Procedure Committee when they discussed this rule. Id. at 5. Because of this, retaining the passive voice in this clause might be preferable. See Garner, Bryan A, Guidelines for Drafting and Editing Court Rules 4 (1996).

The new version of Fed.R.Crim.P. 5.1 has eliminated the sentence specifying that the finding of probable cause may be based upon hearsay in whole or in part. This is similar to the federal revisions of Fed.R.Crim.P. 4(b), which were amended because the federal committee felt the statement was no longer necessary because case law on the subject is now less ambiguous. However, it is not necessary to remove a provision simply because case law has clarified the proposition, and N.D.R.Crim.P. 4 contains a nearly identical statement about hearsay that is recognized in the rule's explanatory note as a statement of existing case law. It might be advisable to retain this sentence, with the small style change substituting "on" for "upon." See Garner at 34. Both versions of the federal rule specify that the defendant may not object to evidence on the grounds that it was unlawfully acquired, while the N.D.R.Crim.P. 5.1(a) uses the different formulation "the magistrate may receive evidence that would be admissible at trial." Although the two formulations are similar, the North Dakota rule clearly diverges from the older federal rule's emphasis on the defendant's objection. Additionally, the difference between "evidence that would not be admissible at trial" and "unlawfully acquired" evidence may be substantive, as there are types of legally acquired evidence that are inadmissable at trial. Because of this distinction, it seems advisable to retain the North Dakota language.

Another difference between N.D.R.Crim.P. 5.1(a) and the older version of Fed.R.Crim.P. 5.1(a) is that the North Dakota rule does not contain a sentence directing motions to suppress to be made at trial. The Joint Procedure Committee specifically chose to reject the sentence alluding to Rule 12 because information regarding motions to suppress seemed out of place as these motions take place after the arraignment. See Minutes of the Joint Procedure Comm. 7 (Jan.27-28, 1994). Continuing to exclude this information seems reasonable because it more properly belongs in another rule, especially since the revised version of the federal rules has also eliminated this sentence.

5.1(b): There are a several style differences between the revised version of Fed.R.Crim.P. 5.1(f) and the substantively similar N.D.R.Crim.P. 5.1(b). The North Dakota rule is in passive voice, while the federal rule is in a more succinct and easily readable active voice. The North Dakota rule also contains the additional clause "after hearing the evidence on behalf of the respective parties in a preliminary examination," which does not appear in either federal rule. Because this difference existed before the revisions, it may be advisable to retain it. "If the magistrate hears evidence on behalf of the respective parties in a preliminary examination, and finds either a public offense has not been committed or there is not sufficient cause to believe the defendant guilty of the offense" might satisfy both requirements. However, eliminating the unique language and adapting the federal sentence "If the magistrate finds no probable cause to believe an offense has been committed or the defendant committed it" might be another solution. The second clause of the sentence should also be reworded to use the active voice and to eliminate unnecessary words.

N.D.R.Crim.P. 5.1(b) lacks the sentence in both the federal rules specifying that a discharge does not preclude the government from a later prosecution for the same offense. According to the minutes of a 1972 meeting of the Joint Procedure Committee, "Judge Muggli noted that the last sentence of Rule 5.1(b), which states, 'The discharge of the defendant from instituting a subsequent prosecution for the same offense,' makes provision for [Section 29-07-18's language on discharging the accused]." See Minutes of the Joint Procedure Comm. 12 (Mar. 23-24-25, 1972). As this language was later eliminated, continuing it excluding it from the current version of the North Dakota rule seems advisable.

5.1(c):The second sentence of N.D.R.Crim.P. 5.1(c) requires that a verbatim record be made upon the request of either party. Members of the Joint Procedure Committee have previously noted that some attorneys inaccurately believe they must request that a record be made of the proceedings See Minutes of the Joint Procedure Comm. 7-8 (Jan.27-28, 1994). In reality, a preliminary hearing is automatically recorded because it takes place in a court of record and parties must only make a request when they want a transcript. See id. The Joint Procedure Committee voted to remove the second sentence in 1994, but the Court later rejected the Committee's recommendation. See id. at 8. Because the sentence continues to have the potential for misinterpretation, it might be advisable to find alternative language. The revised version of Fed.R.Crim.P. 5.1(c) states, "The preliminary hearing must be recorded by a court reporter or by a suitable recording device. A recording of the proceeding may be made available to any party upon request." These two sentences are clear and succinct, and they might be a good substitute for the more ambiguous North Dakota language. However, the federal rule's phrase"by a court reporter or by a suitable recording device" should not be adapted, as discussion of the differences among court reporters, court recorders, and recording devices would not be a useful addition to the rule. Additionally, instead of using "upon" as the federal rule does, it might be advisable to use "on" as it is the word preferred by the Guidelines. See Garner at 34. The new federal language also uses passive voice, which is generally not preferred. However, passive voice construction is acceptable when using the active voice would narrow the meaning of the sentence, and as N.D.R.Crim.P. 5.1(c) contains several sentences where using the active voice would require the actor to be specified it may be better to leave the rule in the passive voice. See id. at 4.

The Second sentence of N.D.R.Crim.P. 5.1(c) states, "Upon request of either party, a copy of the transcript of the record of proceedings must be furnished to the defendant and the State." The slightly different federal rule states, "A copy of the recording and a transcript may be provided to any party upon request..." The federal language is more concise and should be adapted, though the word "upon" should be replaced with "on." See Garner at 34. The third sentence of N.D.R.Crim.P. 5.1(c) contains specific provisions about defendant's payment of costs, but this is not a substantial difference as Fed.R.Crim.P. 5.1(g) makes reference to Judicial Conference regulations applicable to the same subject. This last sentence contains some style problems as it is in the passive voice, and it should be revised so that both clauses use the active voice.

Another difference between the state and federal rule sis that the pre revision version of Fed.R.Crim.P. 5.1(c) begins with a sentence stating that the magistrate must transmit the papers from the proceeding to the clerk of the district court. However, this provision is unnecessary in N.D.R.Crim.P. 5.1(c) as preliminary hearings are held in district court. See Minutes of the Joint Procedure Comm. 7 (Jan.27-28, 1994). The new federal rule also includes two subsections discussing the production of a witness's statement. However, there is no North Dakota equivalent to Fed.R.Crim.P. 26.2 because under N.D.R.Crim.P. 16 witness statements are discoverable at any time during the proceedings and not only after a witness has testified. Because N.D.R.Crim.P. 16 contains the provisions on the sanctions for failing to comply with its provisions, there is no need for N.D.R.Crim.P. 5 to incorporate similar provisions.

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#10115548)

Hamline University, ST. PAUL, MN, Class of 2002

Williston High School, WILLISTON, ND, Class of 1998

Saint Josephs School, WILLISTON, ND, Class of 1992

(http://www.autoadmit.com/thread.php?thread_id=476569&forum_id=2#10115566)