N.D. Cent. Code § 29-26-22 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-22
29-26-22. Judgment for fines - Court administration fee - Community service supervision fee - Special funds - Docketing and enforcement (Retroactive application - See note)
Status: in_force

29-26-22. Judgment for fines - Court administration fee - Community service

supervision fee - Special funds - Docketing and enforcement. (Retroactive application -

See note)

1. In all criminal cases except infractions, upon a plea or finding of guilt, the court shall

impose a court administration fee in lieu of the assessment of court costs. The court

administration fee must include a fee of one hundred twenty-five dollars for a class B

misdemeanor, two hundred dollars for a class A misdemeanor, four hundred dollars for

a class C felony, six hundred fifty dollars for a class B felony, and nine hundred dollars

for a class A or AA felony.

2. In addition, in all criminal cases except infractions, the court shall impose an indigent

defense and court facilities fee of one hundred dollars. Of the additional one hundred

dollar court administration fee, the first seven hundred fifty thousand dollars collected

per biennium must be deposited in the indigent defense administration fund, which

must be used for indigent defense services in this state, and the next four hundred

sixty thousand dollars collected per biennium must be deposited in the court facilities

improvement and maintenance fund. After the minimum thresholds have been

collected, one-half of the additional court administration fee must be deposited in each

fund.

3. In addition to any fees that may be imposed under subsections 1 and 2, the court shall

impose upon each defendant who receives a sentence that includes community

service a community service supervision fee of twenty-five dollars. The community

service supervision fee must be deposited in the community service supervision fund.

The fees deposited in this fund must be used to provide community service

supervision grants subject to legislative appropriations.

4. A court may waive the court administration fee, indigent defense and court facilities

fee, or community service supervision fee upon a showing of indigency as provided in

section 25-03.1-13. District court administration fees, exclusive of amounts deposited

in the indigent defense administration fund and the court facilities and improvement

fund, and forfeitures must be deposited in the state general fund. A judgment that the

defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a

lien upon the real estate of the defendant in like manner as a judgment for money

rendered in a civil action. The court may allow the defendant to pay any assessed

administration fee or community service supervision fee in installments. When a

defendant is assessed administration fees or a community service supervision fee, the

court may not impose at the same time an alternative sentence to be served if the fees

are not paid.

5. Upon successful completion of an approved adult treatment court program, a court

may waive all unpaid fines, fees, and costs imposed in the criminal judgment

sentencing the defendant to the treatment court program, except for restitution. For

purposes of this subsection, "approved treatment court program" means a district

court-supervised treatment program approved by the supreme court.
N.D. Cent. Code § 29-33-05 — ND Code / Title 29 / Chapter 29-33 / Section 29-33-05
29-33-05. Exclusions
Status: in_force

29-33-05. Exclusions

This chapter does not apply to any person while under commitment to an institution for the

mentally ill or mentally deficient.
N.D. Cent. Code § 29-17-10 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-10
29-17-10. Names of additional jurors - Ballots deposited in box
Status: repealed

29-17-10. Names of additional jurors - Ballots deposited in box

Repealed by S.L. 2009, ch. 280, § 3.
N.D. Cent. Code § 29-10.1-16 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-16
29-10.1-16. Reporter - Transcript
Status: in_force

29-10.1-16. Reporter - Transcript

1. Unless otherwise directed by the court, the grand jury shall appoint a competent

reporter who must be sworn and who shall record in shorthand or stenotype notes, the

testimony given in matters before the grand jury. Whenever an indictment is returned,

and if so directed by the court, the reporter shall cause the testimony to be transcribed.

2. Whenever the court directs the testimony to be transcribed, the reporter shall certify

and file with the clerk of court the original and sufficient copies of the transcript so as to

provide a copy for each person indicted and one for the state's attorney or prosecutor.

The reporter shall complete the certification of the transcript within thirty days after the

date of the order unless a different period of time is specified by the court.

3. All exhibits presented to the grand jury must be placed in the custody of the state's

attorney or prosecutor unless otherwise directed by the court.
N.D. Cent. Code § 29-02-24 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-24
29-02-24. When officers may disperse assembly
Status: in_force

29-02-24. When officers may disperse assembly

If the persons assembled and commanded to disperse do not immediately disperse, any

magistrate or law enforcement officer may command the aid of a sufficient number of persons

and may proceed in such manner as in that person's judgment is necessary to disperse the

assembly and arrest the offenders.
N.D. Cent. Code § 29-01-03 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-03
29-01-03. How prosecution entitled
Status: in_force

29-01-03. How prosecution entitled

A criminal action is prosecuted in the name of the state of North Dakota as a party against

the party charged with the offense.
N.D. Cent. Code § 29-17-17 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-17
29-17-17. Panel defined
Status: in_force

29-17-17. Panel defined

A jury panel is a list of jurors returned by a sheriff to serve at a particular court or for the trial

of a particular action.
N.D. Cent. Code § 29-27-02.1 — ND Code / Title 29 / Chapter 29-27 / Section 29-27-02.1
29-27-02.1. Disposition of statutory fees, fines, forfeitures, pecuniary penalties, and bond forfeitures
Status: in_force

29-27-02.1. Disposition of statutory fees, fines, forfeitures, pecuniary penalties, and

bond forfeitures.

Except as otherwise provided by law, all statutory fees, fines, forfeitures, and pecuniary

penalties prescribed for a violation of state laws, when collected, must be paid into the treasury

of the proper county to be added to the state school fund. When any bail bond or other property

or money deposited as bail is forfeited to the state, the proceeds collected therefrom must be

paid over to the proper state official and credited to the state general fund.
N.D. Cent. Code § 29-05-15 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-15
29-05-15. Misdemeanor within magistrate's jurisdiction - Procedure
Status: in_force

29-05-15. Misdemeanor within magistrate's jurisdiction - Procedure

If the offense charged in a warrant of arrest is within the jurisdiction of the magistrate to try

and punish upon conviction, the accused, if arrested in another county, must be taken before

the magistrate who issued the warrant, or, if that magistrate is absent, then before some other

magistrate, as is provided in section 29-05-14.
N.D. Cent. Code § 29-07-04 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-04
29-07-04. Magistrate must allow accused counsel
Status: in_force

29-07-04. Magistrate must allow accused counsel

Superseded by N.D.R.Crim.P., Rules 5, 44.
N.D. Cent. Code § 29-10.1-06 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-06
29-10.1-06. Challenge may be oral or written
Status: in_force

29-10.1-06. Challenge may be oral or written

A challenge to the panel or to an individual grand juror may be oral or in writing and must be

tried to the court.
N.D. Cent. Code § 29-15-03 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-03
29-15-03. Court must order only one change
Status: in_force

29-15-03. Court must order only one change

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-01-22 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-22
29-01-22. Delivery of stolen property by magistrate
Status: in_force

29-01-22. Delivery of stolen property by magistrate

If property stolen or embezzled comes into the custody of a magistrate, it must be delivered

to the owner on satisfactory proof of the owner's title and on the owner's paying the necessary

expenses incurred in its preservation, to be certified by the magistrate.
N.D. Cent. Code § 29-21-06 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-06
29-21-06. Doubt as to degree of crime
Status: in_force

29-21-06. Doubt as to degree of crime

When it appears that a defendant has committed a public offense and there is reasonable

ground to doubt in which of two or more degrees the defendant is guilty, the defendant can be

convicted of the lowest of such degrees only.
N.D. Cent. Code § 29-28-24 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-24
29-28-24. Number of counsel heard
Status: in_force

29-28-24. Number of counsel heard

Superseded by N.D.R.App.P., Rule 34.
N.D. Cent. Code § 29-22-33 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-33
29-22-33. Judgment upon special verdict
Status: repealed

29-22-33. Judgment upon special verdict

Repealed by S.L. 2023, ch. 304, § 1.
N.D. Cent. Code § 29-21-24 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-24
29-21-24. Proceedings if accused arrested
Status: in_force

29-21-24. Proceedings if accused arrested

If a defendant, on a warrant from a proper county, is arrested, the same proceedings must

be had thereon as upon the arrest of a defendant in another county, on a warrant of arrest

issued by a magistrate.
N.D. Cent. Code § 29-21-26 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-26
29-21-26. Jury may view place
Status: in_force

29-21-26. Jury may view place

When, in the opinion of the court, it is proper that the jurors should view the place in which

the offense was charged to have been committed, or in which any other material fact occurred,

it may order the jurors to be conducted in a body, in the custody of proper officers, to such

place, which must be shown to them by a person appointed by the court for that purpose, and

the officers must be sworn to suffer no person to speak to nor communicate with the jurors, nor

to do so themselves, on any subject connected with the trial, and to return them into court

without unnecessary delay, or at a specified time. The trial judge must be present and the

state's attorney and counsel for the defendant may be present at the view by the jurors.
N.D. Cent. Code § 29-04-02.1 — ND Code / Title 29 / Chapter 29-04 / Section 29-04-02.1
29-04-02.1. Prosecution for a felony sexual offense or human trafficking
Status: in_force

29-04-02.1. Prosecution for a felony sexual offense or human trafficking

Except as otherwise provided by law, a prosecution for a felony violation of chapter 12.1-20

or for the crime of human trafficking must be commenced in the proper court within seven years

after the commission of the offense.
N.D. Cent. Code § 29-21-10 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-10
29-21-10. Such discharge an acquittal - Bar to further prosecution
Status: in_force

29-21-10. Such discharge an acquittal - Bar to further prosecution

The discharge of a defendant under either of sections 29-21-08 and 29-21-09 is an acquittal

of the offense charged in the information or indictment, or any offense of which that person

might have been found guilty thereunder, and is a bar to another prosecution therefor.
N.D. Cent. Code § 29-21-12 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-12
29-21-12. Rules of evidence
Status: in_force

29-21-12. Rules of evidence

Superseded by N.D.R.Crim.P., Rule 26; N.D.R.Ev., Rule 101.
N.D. Cent. Code § 29-05-12 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-12
29-05-12. Bail if offense charged is a misdemeanor or infraction
Status: in_force

29-05-12. Bail if offense charged is a misdemeanor or infraction

If the offense charged in a warrant of arrest is a misdemeanor or infraction not within the

jurisdiction of the magistrate who issued it to punish, and the accused is arrested in another

county, the officer, upon request of the accused, shall take the accused before a magistrate in

the county in which the arrest is made, who shall admit the accused to bail and take bail from

the accused accordingly. If there is no magistrate residing within the county wherein the

accused is arrested, and the accused requires it, the officer shall take the accused before a

magistrate of any other county nearer or more accessible than the magistrate issuing the

warrant, and said magistrate shall admit the accused to bail and take bail from the accused

accordingly.
N.D. Cent. Code § 29-26-06 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-06
29-26-06. Bench warrant if defendant does not appear for judgment
Status: in_force

29-26-06. Bench warrant if defendant does not appear for judgment

If the defendant has been discharged on bail, or has deposited money in lieu thereof, and

does not appear for judgment when the defendant's personal attendance is necessary, the

court, in addition to the forfeiture of the undertaking of bail or of money deposited, may direct

the clerk to issue a bench warrant for the defendant's arrest.
N.D. Cent. Code § 29-28-28 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-28
29-28-28. Power of supreme court on appeal
Status: in_force

29-28-28. Power of supreme court on appeal

Superseded by N.D.R.App.P., Rule 35.
N.D. Cent. Code § 29-03-20 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-20
29-03-20. Prizefighting violations - Jurisdiction
Status: in_force

29-03-20. Prizefighting violations - Jurisdiction

The jurisdiction of a criminal action for the violation of section 53-01-19 is in any county:

1. In which any act is done toward the commission of the offense;

2. Into, out of, or through which the offender passed to commit the offense; or

3. Where the offender is arrested.
N.D. Cent. Code § 29-16-02 — ND Code / Title 29 / Chapter 29-16 / Section 29-16-02
29-16-02. Issues of fact tried by jury - When trial by jury may be waived
Status: in_force

29-16-02. Issues of fact tried by jury - When trial by jury may be waived

In any case, whether a misdemeanor or felony, a trial jury may be waived by the consent of

the defendant and the state's attorney expressed in open court and entered on the minutes of

the court. Otherwise, the issues of fact must be tried by the jury.
N.D. Cent. Code § 29-10.2-02 — ND Code / Title 29 / Chapter 29-10.2 / Section 29-10.2-02
29-10.2-02. Attorney general to request state grand jury - District court to impanel jury
Status: in_force

29-10.2-02. Attorney general to request state grand jury - District court to impanel

jury.

Whenever the attorney general considers it to be in the public interest to convene a grand

jury with jurisdiction extending beyond the boundaries of any single county, the attorney general

shall petition a judge of the district court for an order impaneling a state grand jury. The judge

shall, upon good cause shown, order the impaneling of a state grand jury which has jurisdiction

to investigate and indict for crimes committed anywhere within the state. In determining good

cause for impaneling a state grand jury, the judge shall require a showing that the matter

concerns multicounty criminal activities which involves organized crime as that term is defined

herein or corruption of law enforcement officers or other public officers, officials, or employees.

The authority and powers granted to the attorney general by this chapter do not supplant or

diminish the authority and powers as set out in chapter 29-10.1.
N.D. Cent. Code § 29-28-04 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-04
29-28-04. Designation of parties on appeal
Status: in_force

29-28-04. Designation of parties on appeal

Superseded by N.D.R.Crim.P., Rule 37.
N.D. Cent. Code § 29-22-04 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-04
29-22-04. What papers jurors may take
Status: in_force

29-22-04. What papers jurors may take

Upon retiring for deliberation, the jurors may take with them:

1. All papers or things other than depositions which have been received as evidence in

the cause, but if, in the opinion of the court, a public record or private document

received in evidence should not be taken from the person having possession, a copy

must be taken instead of the original;

2. All or such parts of the written instructions as the court may direct;

3. Notes of the testimony, or other proceedings on the trial, taken by jurors themselves or

any of them, but none taken by any other person; and

4. Forms of verdict approved by the court.
N.D. Cent. Code § 29-34-02 — ND Code / Title 29 / Chapter 29-34 / Section 29-34-02
29-34-02. Definition - Appropriate court
Status: in_force

29-34-02. Definition - Appropriate court

The phrase "appropriate court" as used in the agreement on detainers, with reference to the

courts of this state, means any court with criminal jurisdiction in the matter involved.
N.D. Cent. Code § 29-10.1-17 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-17
29-10.1-17. Selection of jurors
Status: in_force

29-10.1-17. Selection of jurors

Before accepting a person drawn as a grand juror, the court must be satisfied that such

person is duly qualified to act as such. A person drawn as a juror may be excused for good

cause by the court before the person is sworn.
N.D. Cent. Code § 29-22-01 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-01
29-22-01. Retirement of jurors
Status: in_force

29-22-01. Retirement of jurors

After hearing the charge, the jurors shall retire for deliberation to a room which must be

provided for them by the board of county commissioners. Such room must be supplied with

heat, light, and other conveniences. If a room is not provided by such board, the court may

order the sheriff to provide one and the expenses incurred in complying with such order, when

certified by the court, are a charge against the county.
N.D. Cent. Code § 29-16-06 — ND Code / Title 29 / Chapter 29-16 / Section 29-16-06
29-16-06. Presence of defendant at proceedings before and after trial
Status: in_force

29-16-06. Presence of defendant at proceedings before and after trial

Superseded by N.D.R.Crim.P., Rule 43.
N.D. Cent. Code § 29-05-02 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-02
29-05-02. Who must make complaint
Status: in_force

29-05-02. Who must make complaint

Superseded by N.D.R.Crim.P., Rule 3.
N.D. Cent. Code § 29-12-07 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-07
29-12-07. Arrest upon bench warrant offense not bailable - Custody
Status: in_force

29-12-07. Arrest upon bench warrant offense not bailable - Custody

A defendant, when arrested under a bench warrant for an offense not bailable, must be held

in custody by the sheriff of the county in which the information is filed or the indictment found.
N.D. Cent. Code § 29-01-15 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-15
29-01-15. Jurisdiction of municipal judges and small claims court referees
Status: in_force

29-01-15. Jurisdiction of municipal judges and small claims court referees

1. Any municipal judge may:

a. Act as committing magistrate; provided, that this subsection does not apply to

municipal judges who are not attorneys currently licensed under chapter 27-11.

b. Hear, try, and determine misdemeanors and infractions when jurisdiction has

been conferred by the Constitution of North Dakota and this and other laws.

c. Adjudge and impose the punishment prescribed by law, upon conviction, in all

cases within the municipal judge's jurisdiction to hear, try, and determine.

2. A small claims court referee authorized pursuant to subsection 3 of section 29-01-14

may act as a committing magistrate. A magistrate appointed by the presiding judge of

the judicial district has the authority to act to the extent allowed by rules promulgated

by the supreme court.
N.D. Cent. Code § 29-29.1-06 — ND Code / Title 29 / Chapter 29-29.1 / Section 29-29.1-06
29-29.1-06. Not criminal search warrants
Status: in_force

29-29.1-06. Not criminal search warrants

The warrants authorized under this chapter may not be regarded as search warrants for the

purpose of application of chapter 29-29.
N.D. Cent. Code § 29-17-32 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-32
29-17-32. Challenge for cause
Status: in_force

29-17-32. Challenge for cause

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-07-17 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-17
29-07-17. Keeping and disposition of depositions - Violation is a misdemeanor
Status: in_force

29-07-17. Keeping and disposition of depositions - Violation is a misdemeanor

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-21-11 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-11
29-21-11. Defendant witness in own behalf
Status: in_force

29-21-11. Defendant witness in own behalf

In the trial of a criminal action or proceeding before any court or magistrate of this state,

whether prosecuted by information, indictment, complaint, or otherwise, the defendant, at the

defendant's own request and not otherwise, must be deemed a competent witness, but the

defendant's neglect or refusal to testify does not create or raise any presumption of guilt against

the defendant. Nor may such neglect or refusal be referred to by any attorney prosecuting the

case, or considered by the court or jury before whom the trial takes place.
N.D. Cent. Code § 29-29.1-03 — ND Code / Title 29 / Chapter 29-29.1 / Section 29-29.1-03
29-29.1-03. Requirements for valid issuance
Status: in_force

29-29.1-03. Requirements for valid issuance

The warrant is validly issued only if it meets the following requirements:

1. It must be signed by the issuing magistrate and must bear the date and hour of its

issuance above the magistrate's signature with a notation that the warrant is valid for

only ten days following its issuance;

2. It must describe, either directly or by reference to the affidavit, the property where the

search or inspection is to occur and be accurate enough in description so that the

executor of the warrant and the owner or the possessor of the property can reasonably

determine from it what person or property the warrant authorizes an inspection of;

3. It must indicate the conditions, objects, activities, or circumstances which the

inspection is intended to check or reveal; and

4. It must be attached to the affidavit required to be made in order to obtain the warrant.
N.D. Cent. Code § 29-22-27 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-27
29-22-27. Reconsideration of verdict of guilty - None of acquittal
Status: in_force

29-22-27. Reconsideration of verdict of guilty - None of acquittal

When there is a verdict of conviction in which it appears to the court that the jurors have

mistaken the law, the court may explain the reason for that opinion and may direct the jurors to

reconsider their verdict. If, after the reconsideration, they return the same verdict, it must be

entered. When there is a verdict of acquittal, the court cannot require the jurors to reconsider it.
N.D. Cent. Code § 29-12-12 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-12
29-12-12. Appearance of corporation charged with offense - Pleas
Status: in_force

29-12-12. Appearance of corporation charged with offense - Pleas

Superseded by N.D.R.Crim.P., Rule 43.
N.D. Cent. Code § 29-17-31 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-31
29-17-31. Challenges to prosecution and defendant
Status: in_force

29-17-31. Challenges to prosecution and defendant

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-28-31 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-31
29-28-31. Judgment affirmed must be enforced
Status: in_force

29-28-31. Judgment affirmed must be enforced

If a judgment against the defendant is affirmed, the original judgment must be enforced.
N.D. Cent. Code § 29-02-16 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-16
29-02-16. Complainant not appearing - Accused discharged
Status: in_force

29-02-16. Complainant not appearing - Accused discharged

If the one who complained of a person who has entered into an undertaking to keep the

peace does not appear on the first day of the next term of the district court of the county, the

person complained of may be discharged unless good cause to the contrary is shown.
N.D. Cent. Code § 29-32.1-15 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-15
29-32.1-15. Motion for DNA testing not available at trial
Status: in_force

29-32.1-15. Motion for DNA testing not available at trial

1. Without limitation on a court's authority to order discovery under section 29-32.1-08, a

person convicted of a crime may make a motion for the performance of forensic DNA

testing to demonstrate the person's actual innocence if:

a. The testing is to be performed on evidence secured in relation to the trial which

resulted in the conviction; and

b. The evidence was not subject to the testing because either the technology for the

testing was not available at the time of the trial or the testing was not available as

evidence at the time of the trial.

2. A person who makes a motion under subsection 1 must present a prima facie case

that:

a. Identity was an issue in the trial; and

b. The evidence to be tested has been subject to a chain of custody sufficient to

establish that it has not been substituted, tampered with, replaced, or altered in

any material aspect.

3. The court shall order that the testing be performed if:

a. A prima facie case has been established under subsection 2;

b. The testing has the scientific potential to produce new, noncumulative evidence

materially relevant to the defendant's assertion of actual innocence; and

c. The testing requested employs a scientific method generally accepted within the

relevant scientific community. The court shall impose reasonable conditions on

the testing designed to protect the state's interests in the integrity of the evidence

and the testing process.
N.D. Cent. Code § 29-10.1-35 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-35
29-10.1-35. Presentment of indictment to court by foreman
Status: in_force

29-10.1-35. Presentment of indictment to court by foreman

An indictment found by the grand jurors must be presented by the foreman, in their

presence, to the court, and must be filed with the clerk.
N.D. Cent. Code § 29-30.3-19 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-19
29-30.3-19. (4-105) Rights of requested person
Status: in_force

29-30.3-19. (4-105) Rights of requested person

1. The magistrate shall inform the person appearing pursuant to section 29-30.3-18 of:

a. The name of the state requesting rendition;

b. The basis for the arrest warrant in the other state;

c. The right to assistance of counsel; and

d. The right to require a judicial hearing pursuant to section 29-30.3-20.

2. After being informed by the magistrate of the effect of a waiver, the requested person

may waive the right to a judicial hearing and consent to return to the requesting state

by executing a written waiver in the presence of the magistrate. If the waiver is

executed, the magistrate shall issue an order to transfer custody pursuant to section

29-30.3-21 or with consent of the official upon whose application the request was

issued authorize the voluntary return of the person.

3. If a hearing is not waived, the magistrate shall hold it within ten days after the

appearance. The requested person and the state's attorney of the county in which the

hearing is to be held must be informed of the time and place of the hearing. The

magistrate shall:

a. Release the person upon conditions that will reasonably assure availability of the

person for the hearing; or

b. Direct a law enforcement officer to maintain custody of the person.
N.D. Cent. Code § 29-22-20 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-20
29-22-20. Sealed verdict - Proceedings upon
Status: in_force

29-22-20. Sealed verdict - Proceedings upon

The court, with the consent of the state's attorney and the defendant, may instruct the jurors

that if they should agree upon a verdict during a temporary adjournment of the court, they may

sign the same by their foreman, seal it in an envelope, and deliver it to the officer in whose

charge they are, after which they may separate until the next convening of the court, at which

time they shall reassemble in the jury box. As soon as convenient, the officer shall deliver the

sealed verdict to the clerk. When the jurors have reassembled in open court, the envelope must

be opened and the same proceedings must be had as upon the reception of other verdicts,

except that the consent by the defendant to a sealed verdict constitutes a waiver of the

defendant's right to poll the jury as provided in rule 31 of the North Dakota Rules of Criminal

Procedure.
N.D. Cent. Code § 29-28-21 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-21
29-28-21. An appeal must not be dismissed for informality
Status: in_force

29-28-21. An appeal must not be dismissed for informality

Superseded by N.D.R.App.P., Rule 3.
N.D. Cent. Code § 29-07-26 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-26
29-07-26. Magistrate must deliver papers to district court
Status: in_force

29-07-26. Magistrate must deliver papers to district court

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-08-23 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-23
29-08-23. Additional security may be required by court
Status: in_force

29-08-23. Additional security may be required by court

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-17-23 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-23
29-17-23. Trial of question of fact
Status: in_force

29-17-23. Trial of question of fact

If facts alleged as the grounds of a challenge to a panel are denied, the denial, in like

manner, may be oral and must be entered upon the minutes of the court, and the court shall

proceed to try the questions of fact.
N.D. Cent. Code § 29-19-05 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-05
29-19-05. When application for continuance to be made
Status: in_force

29-19-05. When application for continuance to be made

An application for a continuance may be made when a criminal action is called for trial, or at

any time previous thereto.
N.D. Cent. Code § 29-22-22 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-22
29-22-22. Verdict rendered and additional instruction given on any day
Status: in_force

29-22-22. Verdict rendered and additional instruction given on any day

A verdict and additional or corrective instructions may be given on any day, including

Sunday or any legal holiday.
N.D. Cent. Code § 29-02-20 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-20
29-02-20. What alleged in action
Status: in_force

29-02-20. What alleged in action

In an action prosecuted for breach of an undertaking to keep the peace, the offense stated

in the record of conviction must be alleged as the breach of the undertaking, and such record is

conclusive evidence thereof.
N.D. Cent. Code § 29-30.3-11 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-11
29-30.3-11. (3-104) Extradition of persons imprisoned or awaiting trial
Status: in_force

29-30.3-11. (3-104) Extradition of persons imprisoned or awaiting trial

1. If a demanded person is being prosecuted, is imprisoned, is on parole or probation, or

is subject to an order arising out of a criminal proceeding, in this state, the governor

may:

a. Grant extradition;

b. Delay action; or

c. Agree with the executive authority of the demanding state to grant extradition

upon conditions.

2. The governor may agree with an executive authority of another state for the extradition

of a person who is being prosecuted, is imprisoned, is on parole or probation, or is

subject to an order arising out of a criminal proceeding, in that state upon conditions

prescribed by the agreement.
N.D. Cent. Code § 29-25-03 — ND Code / Title 29 / Chapter 29-25 / Section 29-25-03
29-25-03. Form and contents of motion - Entry in minutes
Status: in_force

29-25-03. Form and contents of motion - Entry in minutes

Superseded by N.D.R.Crim.P., Rule 34.
N.D. Cent. Code § 29-02-15 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-15
29-02-15. Accused must appear at district court
Status: in_force

29-02-15. Accused must appear at district court

A person who has entered into an undertaking to keep the peace shall appear on the first

day of the next term of the district court of the county. If that person does not, the court may

forfeit that person's undertaking and order it to be prosecuted unless that person's default is

excused.
N.D. Cent. Code § 29-22-28 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-28
29-22-28. Reconsideration of verdict neither general nor special
Status: in_force

29-22-28. Reconsideration of verdict neither general nor special

If the jurors render a verdict which is neither a general nor a special verdict, the court, with

proper instructions as to the law, may direct them to reconsider it, and it cannot be recorded

until it is rendered in such form that it can be clearly understood therefrom whether the intent of

the jurors is to render a general verdict or to find the facts specially and to leave the judgment to

the court.
N.D. Cent. Code § 29-27-06 — ND Code / Title 29 / Chapter 29-27 / Section 29-27-06
29-27-06. Authority of sheriff while conveying defendant
Status: repealed

29-27-06. Authority of sheriff while conveying defendant

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 29-28-23 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-23
29-28-23. When verdict or judgment must be affirmed - Reversal
Status: in_force

29-28-23. When verdict or judgment must be affirmed - Reversal

Superseded by N.D.R.App.P., Rule 34.
N.D. Cent. Code § 29-01-01 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-01
29-01-01. How crimes prosecuted - Exceptions
Status: in_force

29-01-01. How crimes prosecuted - Exceptions

Every public offense must be prosecuted by information or indictment unless it is one in

which:

1. A proceeding is had for the removal of a civil officer of the state or an officer of some

political subdivision thereof;

2. There is a breach of military discipline arising in the militia, when in actual service, and

in the land and naval forces in time of war or public danger, or which this state may

keep, with the consent of Congress, in time of peace;

3. The offense is a misdemeanor or an infraction; or

4. Trial may be had in municipal court.
N.D. Cent. Code § 29-06-13 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-13
29-06-13. When defendant resists, force necessary may be used to make arrest
Status: in_force

29-06-13. When defendant resists, force necessary may be used to make arrest

If, after notice of intention to arrest the defendant, the defendant either flees or forcibly

resists, the officer may use all necessary means to effect the arrest.
N.D. Cent. Code § 29-22-15 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-15
29-22-15. General or special verdict - Libel
Status: in_force

29-22-15. General or special verdict - Libel

Superseded by N.D.R.Crim.P., Rule 31.
N.D. Cent. Code § 29-22-11 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-11
29-22-11. Presence of defendant - Felony or misdemeanor
Status: in_force

29-22-11. Presence of defendant - Felony or misdemeanor

Superseded by N.D.R.Crim.P., Rule 43.
N.D. Cent. Code § 29-28-07 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-07
29-28-07. From what the state may appeal
Status: in_force

29-28-07. From what the state may appeal

An appeal may be taken by the state from:

1. An order quashing an information or indictment or any count thereof.

2. An order granting a new trial.

3. An order arresting judgment.

4. An order made after judgment affecting any substantial right of the state.

5. An order granting the return of property or suppressing evidence, or suppressing a

confession or admission, when accompanied by a statement of the prosecuting

attorney asserting that the appeal is not taken for purpose of delay and that the

evidence is a substantial proof of a fact material in the proceeding. The statement

must be filed with the notice of appeal.
N.D. Cent. Code § 29-01-13 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-13
29-01-13. Definitions
Status: in_force

29-01-13. Definitions

As used in this title, unless the context or subject matter otherwise clearly requires:

1. Superseded by N.D.R.Crim.P., Rule 3.

2. An "indictment" is an accusation in writing presented by a grand jury to a competent

court charging a person with a crime or public offense.

3. A "presentment" is an informal statement in writing by a grand jury representing to the

court that a public offense has been committed which is triable in the county or

subdivision, and that there is reasonable ground to believe that a particular individual

named or described has committed it.

4. An "information" is an accusation in writing, in form and substance like an indictment

for the same offense, charging a person with a crime or public offense, signed and

verified by some person and presented to the district court and filed in the office of the

clerk of said court.

5. A "magistrate" is an officer authorized by law to issue a warrant for the arrest of a

person charged with a crime or public offense.

6. The term "writing" includes printing and typewriting.

7. The term "oath" includes an affirmation.

8. The term "signature" includes a mark, when the person cannot write, the person's

name being written near it and the mark being witnessed by a person who writes the

witness's own name as a witness, except that if the paper is an affidavit or deposition,

or a paper issued before a judicial officer, the attestation of the officer is sufficient.

9. The term "county" includes an organized county, or an organized county and such

unorganized counties or other territory or parts of this state as may be attached by law

to such organized county for judicial purposes.
N.D. Cent. Code § 29-10.1-01 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-01
29-10.1-01. Grand jury defined - Formation - Functions
Status: in_force

29-10.1-01. Grand jury defined - Formation - Functions

A grand jury must consist of not less than eight nor more than eleven persons of the county

possessing the qualifications of jurors prescribed by law, and impaneled and sworn to inquire

into all crimes or public offenses against laws of this state triable within the county and, if the

evidence warrants, present them to the district court by written indictment.
N.D. Cent. Code § 29-28-12 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-12
29-28-12. Appeal by state - Effect
Status: in_force

29-28-12. Appeal by state - Effect

An appeal taken by the state in no case stays or affects the operation of the judgment in

favor of the defendant until the judgment is reversed.
N.D. Cent. Code § 29-12-09 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-09
29-12-09. Magistrate taking bail - Procedure
Status: in_force

29-12-09. Magistrate taking bail - Procedure

If a defendant is brought before a magistrate of another county under a bench warrant for

the purpose of giving bail, the magistrate shall proceed in respect thereto in the same manner

as if the defendant had been brought before the magistrate upon a warrant of arrest, and the

same proceedings may be had thereon.
N.D. Cent. Code § 29-06-17 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-17
29-06-17. Officer shall state authority when arresting without warrant
Status: in_force

29-06-17. Officer shall state authority when arresting without warrant

When making an arrest without a warrant, the officer shall inform the person to be arrested

of the officer's authority and the cause of the arrest, unless:

1. The person to be arrested then is engaged in the commission of an offense;

2. Such person is pursued immediately after the commission of an offense or after an

escape;

3. Such person flees or forcibly resists before the officer has opportunity so to inform the

person; or

4. The giving of such information will imperil the arrest.
N.D. Cent. Code § 29-02-04 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-04
29-02-04. Public offense may be prevented by officers
Status: in_force

29-02-04. Public offense may be prevented by officers

Public offenses may be prevented by the intervention of officers of justice:

1. By requiring security to keep the peace;

2. By providing police in cities and by requiring their attendance in exposed places; and

3. By suppressing riots.
N.D. Cent. Code § 29-05-32 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-32
29-05-32. Release of information contained in complaint or warrant
Status: in_force

29-05-32. Release of information contained in complaint or warrant

The magistrate who issues a warrant for arrest shall order the information in the complaint

and warrant confidential, if the law enforcement officer articulates a reason for the confidentiality

that convinces the issuing magistrate that limited confidentiality is necessary for the safety of the

law enforcement officer or to enable the warrant to be properly served. The magistrate shall limit

the duration of the order to the time of the arrest of the accused and shall exempt law

enforcement officers in the performance of official duties.
N.D. Cent. Code § 29-21-19 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-19
29-21-19. Want of jurisdiction appearing - Jury discharged
Status: in_force

29-21-19. Want of jurisdiction appearing - Jury discharged

The court may direct the jury to be discharged, when it appears that it has not jurisdiction of

the offense, or that the facts charged in the information or indictment do not constitute an

offense punishable by law.
N.D. Cent. Code § 29-22-12 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-12
29-22-12. Procedure when jurors appear
Status: in_force

29-22-12. Procedure when jurors appear

When the jurors appear, they must be asked by the court or the clerk whether they have

agreed upon their verdict and if the foreman answers in the affirmative, they, on being required,

shall declare the same.
N.D. Cent. Code § 29-08-24 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-24
29-08-24. Action on undertaking - Defects not fatal
Status: in_force

29-08-24. Action on undertaking - Defects not fatal

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-17-43 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-43
29-17-43. Court must allow or disallow challenge
Status: in_force

29-17-43. Court must allow or disallow challenge

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-05-27 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-27
29-05-27. How an order by wire executed - Procedure
Status: in_force

29-05-27. How an order by wire executed - Procedure

An order by a police officer directing other peace officers in the state to make an arrest may

be directed generally to any of such officers and executed by the officer receiving it. The officer

executing any such order shall take into the officer's custody the person designated therein and

shall detain that person upon such order for such length of time as is necessary for the officer

directing the arrest to reach the place of detention by the ordinary course and means of travel,

or until sooner demanded by an officer having a warrant for the arrest of such person.
N.D. Cent. Code § 29-01-04 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-04
29-01-04. Affidavits need not be entitled
Status: in_force

29-01-04. Affidavits need not be entitled

It is not necessary to entitle an affidavit or deposition in an action whether taken before or

after information or indictment or upon an appeal, but if made without a title or with an

erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it

intelligibly refers to the proceeding, information, indictment, or appeal in which it is made.
N.D. Cent. Code § 29-31.1-10 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-10
29-31.1-10. Inapplicability of chapter
Status: in_force

29-31.1-10. Inapplicability of chapter

The provisions of this chapter do not apply to forfeiture proceedings commenced under

other specific provisions of law, including chapters 12.1-06.1, 19-03.1, and 20.1-10.
N.D. Cent. Code § 29-15-16 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-16
29-15-16. Judge designated to conduct trial forthwith - Notice to parties
Status: repealed

29-15-16. Judge designated to conduct trial forthwith - Notice to parties

Repealed by S.L. 1971, ch. 316, § 2.
N.D. Cent. Code § 29-08-20 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-20
29-08-20. Defendant may be arrested by bail
Status: in_force

29-08-20. Defendant may be arrested by bail

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-29-22 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-22
29-29-22. Release of information contained in complaint or warrant
Status: in_force

29-29-22. Release of information contained in complaint or warrant

The magistrate who issues a search warrant shall order the information in the complaint and

warrant confidential, if the law enforcement officer articulates a reason for the confidentiality that

convinces the issuing magistrate that limited confidentiality is necessary for the safety of the law

enforcement officer or to enable the warrant to be properly served. The magistrate shall limit the

duration of the order to the time of the arrest of the accused and shall exempt law enforcement

officers in the performance of official duties.
N.D. Cent. Code § 29-22-08 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-08
29-22-08. Verdict prevented - Cause retried
Status: in_force

29-22-08. Verdict prevented - Cause retried

When jurors are discharged or prevented from giving a verdict by reason of an accident or

other cause, except when the defendant is discharged from the information or indictment during

the progress of the trial or after the cause is submitted to them, the cause may be tried again at

the same or another term, as the court may direct.
N.D. Cent. Code § 29-22-36 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-36
29-22-36. When defense insanity and jury acquits
Status: repealed

29-22-36. When defense insanity and jury acquits

Repealed by S.L. 1981, ch. 91, § 66.
N.D. Cent. Code § 29-03-15 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-15
29-03-15. Escaping from penitentiary - Jurisdiction in Burleigh County
Status: repealed

29-03-15. Escaping from penitentiary - Jurisdiction in Burleigh County

Repealed by S.L. 2001, ch. 131, § 3.
N.D. Cent. Code § 29-29.4-01 — ND Code / Title 29 / Chapter 29-29.4 / Section 29-29.4-01
29-29.4-01. Definitions
Status: in_force

29-29.4-01. Definitions

As used in this chapter:

1. "Autonomously" means to operate or govern itself without direct human control.

2. "Flight data" means imaging or other observation recording.

3. "Flight information" means flight duration, flight path, and mission objective.

4. "Law enforcement agency or agents" has the meaning provided for law enforcement

officer in section 12.1-01-04.

5. "Less than lethal weapon" means a designed and manufactured object, substance, or

weapon that does not create a substantial risk of serious bodily injury or death when

used by an individual with proper training.

6. "Lethal weapon" means an object, substance, or device designed to cause serious

bodily injury or death.

7. "Remotely" means directly controlled by human action and decisions.

8. "Robot" means a powered artificial machine or system that upon activation will operate

in whole or in part autonomously to perform physical tasks or decisionmaking without

real-time human control. The term includes a system capable of using force,

conducting surveillance, or moving independent of direct human input. The term does

not include a law enforcement body-worn camera, a law enforcement in-car camera or

license plate reader, or any other law enforcement camera that does not require a

search warrant.

9. "Unmanned aerial vehicle" means any aerial vehicle that is operated without the

possibility of direct human intervention within or on the aerial vehicle. The term does

not include satellites.

10. "Unmanned aerial vehicle system" means an unmanned aerial vehicle and associated

elements, including communication links and the components that control the

unmanned aerial vehicle, which are required for the pilot in command to operate safely

and efficiently in state airspace.
N.D. Cent. Code § 29-05-14 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-14
29-05-14. When bail is not given
Status: in_force

29-05-14. When bail is not given

If, on the admission of an accused to bail, the bail is not given forthwith, the officer shall take

the accused before the magistrate who issued the warrant, or, in case of that magistrate's

absence or inability to act, before the nearest or most accessible magistrate in the same county,

and at the same time shall deliver to the magistrate the warrant with the officer's return

endorsed thereon and subscribed by the officer.
N.D. Cent. Code § 29-26-13 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-13
29-26-13. Procedure when insanity alleged as cause for not pronouncing sentence
Status: in_force

29-26-13. Procedure when insanity alleged as cause for not pronouncing sentence

When the cause alleged for not pronouncing sentence is insanity, the court, if there is

reasonable ground to believe that the defendant is insane, shall postpone the pronouncement of

judgment and shall proceed to have the defendant's mental condition determined in the manner

prescribed in this title, so far as applicable, for the determination of the mental condition of a

defendant before or during trial. Whenever it is determined that the defendant is or has become

sane, the defendant must be brought before the court for judgment.
N.D. Cent. Code § 29-21-32 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-32
29-21-32. Fees for court reporter's instructions
Status: in_force

29-21-32. Fees for court reporter's instructions

The reporter of the court shall receive for writing out the oral instructions of the court the

same fees as for making transcripts.
N.D. Cent. Code § 29-08-21 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-21
29-08-21. Forfeiture of bail - Excuse - Disposition of traffic violation cases
Status: in_force

29-08-21. Forfeiture of bail - Excuse - Disposition of traffic violation cases

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-05-31 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-31
29-05-31. Uniform traffic complaint and summons
Status: in_force

29-05-31. Uniform traffic complaint and summons

There is established a uniform complaint and summons that may be used in cases involving

violations of statutes or ordinances. The use of a uniform complaint and summons must comply

with the North Dakota Rules of Criminal Procedure and be in substantially the following form:

State of North Dakota ) In ___________________ Court,

) ss.

County of ____________ ) Before Hon. ________________;

The undersigned, being sworn, says that, on ______________, ______,

___________________________________________________________________

First Name Middle Name Last Name Street City State

did unlawfully operate a motor vehicle upon a public highway, namely

__________, _______ N E S W of __________ and did then and there commit

Location City

the following offense:_____________________________________________________

MPH in________________________________________________________________

MPH Zone_____________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

All in violation of N. D. Century Code Sec. ______ and against the peace and dignity

of the state of N. D.

Officer _________ LET A WARRANT ISSUE HEREIN Sworn to and subscribed

before me on ______________, ______.

____________________________ ___________________________________

Judge State's Attorney

DESCRIPTION OF DEFENDANT AND VEHICLE

Mo. _____Day _____Yr. _____Race _____Sex _____Wt. ______Ht. _____

Birth date

Hair _____Dr. Lic: State _____No. _____Motor Vehicle:

PSC

Make _____Reg. No. _____State _____Year _____ICC No. ____

CLAIMED CONDITIONS OF THE VIOLATION

SLIPPERY SURFACE

______ Rain ______ Snow ______ Ice

DARKNESS

______ Night ______ Fog ______ Snow

OTHER TRAFFIC PRESENT

______ Cross ______ Oncoming ______ Pedestrian ______ Same direction

IN ACCIDENT

______ Ped. ______ Vehicle ______ Intersection

______ Right angle ______ Head on ______ Rear end

______ Ran off road ______ Other

_______________________________________________________________

Area: ______ School ______ Rural ______ Business

______ Industrial ______ Residential

Highway: _______ 2 Lane ______ 4 Lane ______ 4 Lane Divided

Type:

_________ Gravel ________ Dirt

OFFENSE CONTRIBUTED MATERIALLY TO ACCIDENT

_____ Yes ______ No

THE STATE OF NORTH DAKOTA TO THE ABOVE-NAMED DEFENDANT

(CITY ORDINANCE OR STATE CRIMINAL TRAFFIC VIOLATION)

You are summoned to appear at the time and place designated below to answer to the

charge made against you.

______________________________________________________________________

______________________________________________________________________

Appearance

Before: Municipal Judge District Ct.__________________________________

_______________________________________________________________A.M./P.M.

Location Month Day Year Time

Dated ______________, ______

Officer _________________________

PROMISE TO APPEAR

I consent and promise to appear at the time and place specified in the above summons, the

receipt of a copy of which is acknowledged, and I expressly waive earlier hearing.

Dated ______________, ______

Defendant ______________________

(STATE NONCRIMINAL TRAFFIC VIOLATION)

You are notified of your right to request, within fourteen days of the date of this citation, a

hearing concerning the alleged traffic violation. If you do not request a hearing, the bond is

deemed forfeited and the violation admitted. If you are requesting a hearing, date and sign the

following portion of this citation AND INCLUDE THE BOND NOTED ON THIS CITATION for the

alleged violation. Failure to do so may result in the suspension of your operator's license. You

will be notified of the hearing date by the court for the county in which this citation was issued.

REQUEST FOR HEARING

I submit the designated bond and request a hearing on the alleged traffic violation and

promise to appear at the time and date specified in the summons issued by the court for the

county in which the citation was issued.

Dated _______________, ___________

Defendant ________________________
N.D. Cent. Code § 29-17-18 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-18
29-17-18. Challenge to panel defined
Status: in_force

29-17-18. Challenge to panel defined

A challenge to a panel is an objection made to all the trial jurors returned and may be taken

by either party.
N.D. Cent. Code § 29-29.2-05 — ND Code / Title 29 / Chapter 29-29.2 / Section 29-29.2-05
29-29.2-05. Inapplicability
Status: in_force

29-29.2-05. Inapplicability

This chapter does not apply to the interception, disclosure, or use of a wire, electronic, or

oral communication if the person intercepting, disclosing, or using the wire, electronic, or oral

communication:

1. Was a person acting under color of law to intercept a wire, electronic, or oral

communication and was a party to the communication or one of the parties to the

communication had given prior consent to such interception; or

2. Was a party to the communication or one of the parties to the communication had

given prior consent to such interception and such communication was not intercepted

for the purpose of committing a crime or other unlawful harm.
N.D. Cent. Code § 29-23-07 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-07
29-23-07. Clerk to enter orders - Certified copies
Status: in_force

29-23-07. Clerk to enter orders - Certified copies

The clerk of the district court in which any criminal action or proceeding is pending or tried

shall enter, in the minutes of such court, each ruling or decision of the court made in open court,

if such ruling is not noted by the official reporter. A certified copy of any or all such entries must

be and become a part of the record of said action.
N.D. Cent. Code § 29-32.1-09.1 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-09.1
29-32.1-09.1. Summary disposition
Status: in_force

29-32.1-09.1. Summary disposition

1. The court may grant a motion by either party for summary disposition if the application,

pleadings, any previous proceeding, discovery, or other matters of record show that no

genuine issues exist as to any material fact and the moving party is entitled to

judgment as a matter of law.

2. If an evidentiary hearing is necessary, the court may determine which issues of

material fact are in controversy and appropriately restrict the hearing.
N.D. Cent. Code § 29-17-11 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-11
29-17-11. Drawing the jury
Status: repealed

29-17-11. Drawing the jury

Repealed by S.L. 2009, ch. 280, § 3.
N.D. Cent. Code § 29-28-16 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-16
29-28-16. Stay on appeal - Custody of defendant
Status: in_force

29-28-16. Stay on appeal - Custody of defendant

Superseded by N.D.R.Crim.P., Rules 38, 46.
N.D. Cent. Code § 29-10.1-12 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-12
29-10.1-12. Oath of grand jurors
Status: in_force

29-10.1-12. Oath of grand jurors

Superseded by N.D.R.Ct. 6.10.
N.D. Cent. Code § 29-30.3-05 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-05
29-30.3-05. (2-102) Issuance of process or arrest warrant prior to receipt of demand or request
Status: in_force

29-30.3-05. (2-102) Issuance of process or arrest warrant prior to receipt of demand or

request.

1. A magistrate for the county where arrest is sought shall authorize the issuance of an

arrest warrant or other process to obtain the appearance of a person, if testimony or

affidavit shows probable cause to believe:

a. The person is in this state; and

b. The person is the subject of another state's arrest warrant issued for:

(1) The commission of a crime punishable by death or imprisonment for a term

exceeding one year;

(2) Escape from confinement; or

(3) Violation of any term of bail, probation, parole, or order arising out of a

criminal proceeding.

2. Other process to obtain the appearance of a person must require the appearance

before a magistrate.

3. The arrest warrant must require that the person be brought forthwith before a

magistrate.
N.D. Cent. Code § 29-10.1-38 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-38
29-10.1-38. Transcript demand - Waiver of transcript and preliminary examination, when
Status: in_force

29-10.1-38. Transcript demand - Waiver of transcript and preliminary examination,

when.

Within five days after a first appearance before a magistrate, the person against whom an

indictment has been found and presented may make a written demand to the district judge for a

copy of the transcript of the testimony given before the grand jury as it relates to that person and

the charges against that person. Upon receipt of such written demand, the judge shall issue an

appropriate order. If the judge for any reason determines that a copy of a transcript of the

testimony cannot be obtained, the person indicted is entitled, but not otherwise, to a preliminary

examination, as provided by the statutes or North Dakota Rules of Criminal Procedure for

persons otherwise charged with a crime. Under such conditions, the preliminary examination

must be had before a judge of the district court serving the county in which the crime was

committed or is triable. Failure to make such demand within the time prescribed constitutes a

waiver of the right to the transcript or to a preliminary examination.
N.D. Cent. Code § 29-29-16 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-16
29-29-16. Papers relating to search warrant to be returned to district court
Status: in_force

29-29-16. Papers relating to search warrant to be returned to district court

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-21-02 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-02
29-21-02. Order of trial may be changed for cause
Status: in_force

29-21-02. Order of trial may be changed for cause

When the state of the pleadings requires it, or in any other case, for good reasons and in

the sound discretion of the court, the order of trial and argument prescribed in section 29-21-01

may be departed from.
N.D. Cent. Code § 29-28-08 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-08
29-28-08. Time for appeals in criminal cases
Status: in_force

29-28-08. Time for appeals in criminal cases

Superseded by N.D.R.Crim.P., Rule 37.
N.D. Cent. Code § 29-28-13 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-13
29-28-13. What judgments superseded by appeal - Certificate of probable cause
Status: in_force

29-28-13. What judgments superseded by appeal - Certificate of probable cause

Superseded by N.D.R.Crim.P., Rule 38.
N.D. Cent. Code § 29-29.1-05 — ND Code / Title 29 / Chapter 29-29.1 / Section 29-29.1-05
29-29.1-05. Competency of evidence discovered
Status: in_force

29-29.1-05. Competency of evidence discovered

No facts discovered or evidence obtained in a search or inspection conducted under

authority of a warrant issued under this chapter may be competent as evidence in any civil,

criminal, or administrative action, nor considered in imposing any civil, criminal, or administrative

sanction against any person, nor as a basis for further seeking to obtain any warrant, if the

warrant is invalid or if what is discovered or obtained is not a condition, object, activity, or

circumstance which it was the legal purpose of the search or inspection to discover; but this

does not prevent any such facts or evidence to be so used when the warrant issued is not

constitutionally required in those circumstances.
N.D. Cent. Code § 29-29-15 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-15
29-29-15. When property taken under search warrant to be restored
Status: in_force

29-29-15. When property taken under search warrant to be restored

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-01-05 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-05
29-01-05. Party defendant is party prosecuted
Status: in_force

29-01-05. Party defendant is party prosecuted

The party prosecuted in a criminal action is designated in this code as the accused or as the

defendant.
N.D. Cent. Code § 29-30.3-03 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-03
29-30.3-03. (1-103) Nonwaiver by this state
Status: in_force

29-30.3-03. (1-103) Nonwaiver by this state

This chapter and proceedings under it are not exclusive and do not affect the authority of

this state to:

1. Try a demanded or requested person for a crime committed within this state;

2. Take custody of a demanded or requested person by extradition or rendition

proceedings for the purpose of trial, sentence, or punishment for a crime committed

within this state;

3. Take custody of a person under other provisions of law, including interstate

agreements; or

4. Release a person from custody upon any valid conditions.
N.D. Cent. Code § 29-28-05 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-05
29-28-05. Appeal by one of several defendants
Status: in_force

29-28-05. Appeal by one of several defendants

Superseded by N.D.R.App.P., Rule 3.
N.D. Cent. Code § 29-03-04 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-04
29-03-04. Part committed in different counties - Jurisdiction in either
Status: in_force

29-03-04. Part committed in different counties - Jurisdiction in either

When a crime or public offense is committed in part in one county and in part in another, or

when the acts or effects thereof constituting, or requisite to the consummation of, the offense

occur in two or more counties, the jurisdiction is in either or any of said counties.
N.D. Cent. Code § 29-02-12 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-12
29-02-12. When undertaking is or is not given
Status: in_force

29-02-12. When undertaking is or is not given

If an undertaking to keep the peace as required by section 29-02-11 is given, the party

complained of must be discharged. If the party does not give it, the magistrate shall commit the

person to prison specifying in the warrant the requirement to give security, the amount thereof,

and the omission to give the same.
N.D. Cent. Code § 29-15-07 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-07
29-15-07. Witnesses upon removal - Undertaking - Notice - Subpoena
Status: in_force

29-15-07. Witnesses upon removal - Undertaking - Notice - Subpoena

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-05-11.1 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-11.1
29-05-11.1. Duty of peace officer to enter warrant
Status: in_force

29-05-11.1. Duty of peace officer to enter warrant

A peace officer who receives a warrant for the arrest of a fugitive and does not execute the

warrant shall enter the warrant in the central warrant information system. A warrant of arrest for

the failure to pay a fine or fee may be entered at the discretion of the peace officer. A criminal

justice agency may specify whether the agency will extradite from outside the county or state

and the county or state from which the agency will extradite.
N.D. Cent. Code § 29-03-06 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-06
29-03-06. On board vessel - Jurisdiction in any county traversed
Status: in_force

29-03-06. On board vessel - Jurisdiction in any county traversed

When an offense is committed in this state on board a boat or vessel navigating or lying in a

river, lake, or canal, in the prosecution of the voyage, the jurisdiction is in any county through

which the vessel is navigated in the course of the voyage, or in the county where the voyage

terminates.
N.D. Cent. Code § 29-16-07 — ND Code / Title 29 / Chapter 29-16 / Section 29-16-07
29-16-07. Time to prepare for trial
Status: in_force

29-16-07. Time to prepare for trial

After a plea of not guilty, the defendant, if the defendant requests it, is entitled to at least

one day to prepare for trial, and further time for good cause shown.
N.D. Cent. Code § 29-07-29 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-29
29-07-29. Return of certificate of probable cause - Procedure
Status: in_force

29-07-29. Return of certificate of probable cause - Procedure

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-10.1-37 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-37
29-10.1-37. Jurors to be discharged upon completion of business
Status: in_force

29-10.1-37. Jurors to be discharged upon completion of business

Upon the completion of the business before them, or whenever the court is of opinion that

the public interests will not be served by further continuation of their sessions, the grand jurors

must be discharged by the court.
N.D. Cent. Code § 29-12-04 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-04
29-12-04. Warrant, form - Felony
Status: in_force

29-12-04. Warrant, form - Felony

Superseded by N.D.R.Crim.P., Rules 9, 58.
N.D. Cent. Code § 29-28-26 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-26
29-28-26. Technical errors to be disregarded on appeal
Status: in_force

29-28-26. Technical errors to be disregarded on appeal

Superseded by N.D.R.Crim.P., Rule 52.
N.D. Cent. Code § 29-01-18 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-18
29-01-18. Order to stay is a bar
Status: in_force

29-01-18. Order to stay is a bar

The order authorized by section 29-01-17 is a bar to another prosecution for the same

offense.
N.D. Cent. Code § 29-26-22.4 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-22.4
29-26-22.4. Cost of digital forensic examination
Status: in_force

29-26-22.4. Cost of digital forensic examination

An individual convicted of a felony or misdemeanor shall, as part of the sentence imposed

by the court, pay for the reimbursement of the cost of any digital forensic examination performed

on any personal electronic device in the investigation and prosecution of the crime for which the

defendant is convicted. The fee assessed may not exceed one hundred dollars for each

defendant. All fees collected under this section must be remitted to the state treasurer for

deposit in the internet crimes investigation fund established in section 54-12-37. For purposes of

this section, the term "personal electronic device" means any portable electronic device

designed for and capable of wireless communication or electronic data retrieval, including a

cellular telephone, tablet, laptop, computer, or two-way messaging device.
N.D. Cent. Code § 29-02-21 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-21
29-02-21. Limitation
Status: in_force

29-02-21. Limitation

Security to keep the peace or to be of good behavior cannot be required except as is

prescribed in this chapter.
N.D. Cent. Code § 29-06-03 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-03
29-06-03. Officer may summon aid to make arrest
Status: in_force

29-06-03. Officer may summon aid to make arrest

Any officer making an arrest may summon as many persons orally as the officer deems

necessary to aid the officer therein.
N.D. Cent. Code § 29-21-04 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-04
29-21-04. Jurors generally determine only facts
Status: in_force

29-21-04. Jurors generally determine only facts

On the trial of an information or indictment for any offense other than libel, questions of law

are to be decided by the court, and, although the jurors have the power to find a general verdict,

which includes questions of law as well as of fact, they are bound, nevertheless, to receive as

law what is laid down as such by the court.
N.D. Cent. Code § 29-01-06.2 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-06.2
29-01-06.2. Summoned person to report to sheriff
Status: in_force

29-01-06.2. Summoned person to report to sheriff

Whenever a person charged with a felony is not arrested but is summoned to appear in

court, that person shall submit to the sheriff for identification procedures at the time of the first

court appearance.
N.D. Cent. Code § 29-03-18 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-18
29-03-18. Murder or manslaughter
Status: in_force

29-03-18. Murder or manslaughter

The jurisdiction of a criminal action for murder or manslaughter, when the injury which

caused the death was inflicted in one county and the party injured dies in another or out of the

state, is in the county where the injury was inflicted.
N.D. Cent. Code § 29-01-06 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-06
29-01-06. Rights of defendant
Status: in_force

29-01-06. Rights of defendant

In all criminal prosecutions the party accused has the right:

1. To appear and defend in person and with counsel;

2. To demand and be informed of the nature and cause of the accusation;

3. To meet the witnesses against the party face to face;

4. To have the process of the court to compel the attendance of witnesses in the party's

behalf; and

5. To a speedy and public trial, and by an impartial jury in the county in which the offense

is alleged to have been committed or is triable, but subject to the right of the state to

have a change of the place of trial for any of the causes for which the party accused

may obtain the same.
N.D. Cent. Code § 29-22-17 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-17
29-22-17. Special verdict - Sufficiency
Status: in_force

29-22-17. Special verdict - Sufficiency

Superseded by N.D.R.Crim.P., Rule 31.
N.D. Cent. Code § 29-29.6-04 — ND Code / Title 29 / Chapter 29-29.6 / Section 29-29.6-04
29-29.6-04. Notice - Temporary nondisclosure of tracking warrant
Status: in_force

29-29.6-04. Notice - Temporary nondisclosure of tracking warrant

1. Within a reasonable time, but not later than ninety days after the court unseals the

tracking warrant under this section, the issuing or denying judge shall cause to be

served on the persons named in the warrant and the application an inventory which

shall include notice of:

a. The fact of the issuance of the warrant or the application;

b. The date of the issuance and the period of authorized, approved, or disapproved

collection of location information, or the denial of the application; and

c. The fact that during the period location information was or was not collected.

2. A tracking warrant authorizing collection of location information must direct that:

a. The warrant be sealed for a period of ninety days; and

b. The warrant be filed with the court administrator within ten days of the expiration

of the warrant.

3. The prosecutor may request that the tracking warrant, supporting affidavits, and any

order granting the request not be filed. An order must be issued granting the request in

whole or in part if, from affidavits, sworn testimony, or other evidence, the court finds

reasonable grounds exist to believe that filing the warrant may cause the search or a

related search to be unsuccessful, create a substantial risk of injury to an innocent

person, or severely hamper an ongoing investigation.

4. The tracking warrant must direct that following the commencement of any criminal

proceeding utilizing evidence obtained in or as a result of the search, the supporting

application or affidavit must be filed either immediately or at any other time as the court

directs. Until such filing, the documents and materials ordered withheld from filing must

be retained by the judge or the judge's designee.
N.D. Cent. Code § 29-29.6-03 — ND Code / Title 29 / Chapter 29-29.6 / Section 29-29.6-03
29-29.6-03. Time period and extensions
Status: in_force

29-29.6-03. Time period and extensions

1. A tracking warrant issued under this section must authorize the collection of location

information for a period not to exceed sixty days, or the period of time necessary to

achieve the objective of the authorization, whichever is less.

2. Extensions of a tracking warrant may be granted, but only upon an application for an

order and upon the judicial finding required by subdivision b of subsection 1 of section
N.D. Cent. Code § 29-22-30 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-30
29-22-30. Judgment of acquittal - Discharge of defendant
Status: in_force

29-22-30. Judgment of acquittal - Discharge of defendant

If a judgment of acquittal is given on a general verdict and the defendant is not detained for

any other legal cause, the defendant must be discharged as soon as judgment is given.
N.D. Cent. Code § 29-29.5-03 — ND Code / Title 29 / Chapter 29-29.5 / Section 29-29.5-03
29-29.5-03. Limitation on use of campus police
Status: in_force

29-29.5-03. Limitation on use of campus police

A law enforcement officer employed under section 15-10-17 may not enter an informant

agreement with a student enrolled in an institution under the control of the state board of higher

education.
N.D. Cent. Code § 29-05-16 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-16
29-05-16. When complaint sent to magistrate not issuing warrant
Status: in_force

29-05-16. When complaint sent to magistrate not issuing warrant

If, after an arrest, the accused is taken before a magistrate other than the one who issued

the warrant, the complaint on which the warrant was granted must be sent to that magistrate, or

if it cannot be procured, the prosecutor and the prosecutor's witnesses must be summoned to

give their testimony anew.
N.D. Cent. Code § 29-17-15 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-15
29-17-15. Challenges defined and classified
Status: in_force

29-17-15. Challenges defined and classified

A challenge is an objection made to the trial jurors and is of two kinds:

1. To the panel; and

2. To an individual juror.
N.D. Cent. Code § 29-22-19 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-19
29-22-19. Form of special verdict
Status: in_force

29-22-19. Form of special verdict

Superseded by N.D.R.Crim.P., Rule 31.
N.D. Cent. Code § 29-06-11 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-11
29-06-11. Warrant must be shown
Status: in_force

29-06-11. Warrant must be shown

If the person making an arrest is acting under the authority of a warrant, the person shall

inform the defendant to that effect and shall show the warrant, if required.
N.D. Cent. Code § 29-03-11 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-11
29-03-11. Treason - Overt act without state
Status: in_force

29-03-11. Treason - Overt act without state

The jurisdiction of a criminal action for treason, when the overt act is committed out of this

state, is in any county of the state.
N.D. Cent. Code § 29-30.3-08 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-08
29-30.3-08. (3-101) Demand for extradition
Status: in_force

29-30.3-08. (3-101) Demand for extradition

1. The governor may recognize a written demand by an executive authority for the

extradition of a person, alleging that the person:

a. Is charged with a crime in the demanding state; or

b. Having been charged with or convicted of a crime in the demanding state has:

(1) Escaped from confinement; or

(2) Violated any term of bail, probation, parole, or an order arising out of a

criminal proceeding in the demanding state.

2. The governor may demand the extradition of a person from another state in

accordance with the Constitution of the United States and may comply with the

requirements of the other state for recognition of a demand.
N.D. Cent. Code § 29-10.1-20 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-20
29-10.1-20. Filling vacancies
Status: in_force

29-10.1-20. Filling vacancies

Whenever the membership of a grand jury is reduced in number for any reason, after the

grand jury has been impaneled, the judge may direct that the vacancy be filled, and shall so

direct if necessary to maintain the minimum number required, in the same manner as the

original members were selected. No person selected as a grand juror to fill a vacancy may vote

on any matter upon which evidence has been taken prior to the time of the person's selection.
N.D. Cent. Code § 29-30.3-10 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-10
29-30.3-10. (3-103) Governor's investigation
Status: in_force

29-30.3-10. (3-103) Governor's investigation

The governor may:

1. Investigate the demand for extradition and the circumstances of the demanded

person;

2. Request the attorney general or any state's attorney to investigate; or

3. Hold a hearing.
N.D. Cent. Code § 29-30.3-26 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-26
29-30.3-26. Payment of expenses
Status: in_force

29-30.3-26. Payment of expenses

When the charged offense is a felony, the expenses of returning the demanded person to

this state must be paid out of the state treasury, on the certificate of the governor and warrant of

the county auditor and in all other cases they must be paid out of the county treasury in the

county in which the crime is alleged to have been committed. The expenses are the fees paid to

the officers of the state under sections 44-08-04 and 54-06-09.
N.D. Cent. Code § 29-08-11 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-11
29-08-11. Bail taken - Order of discharge
Status: in_force

29-08-11. Bail taken - Order of discharge

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-10.1-25 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-25
29-10.1-25. Oath or affirmation to witness
Status: in_force

29-10.1-25. Oath or affirmation to witness

Superseded by N.D.R.Ct. 6.10.
N.D. Cent. Code § 29-03-05 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-05
29-03-05. Committed near boundary - Jurisdiction in either
Status: in_force

29-03-05. Committed near boundary - Jurisdiction in either

When a public offense is committed on the boundary of two or more counties, or within five

hundred yards thereof, the jurisdiction is in either county.
N.D. Cent. Code § 29-08-07 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-07
29-08-07. Amount of bail upon charge of larceny of livestock
Status: in_force

29-08-07. Amount of bail upon charge of larceny of livestock

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-29.4-03 — ND Code / Title 29 / Chapter 29-29.4 / Section 29-29.4-03
29-29.4-03. Warrant requirements
Status: in_force

29-29.4-03. Warrant requirements

A warrant for the use of an unmanned aerial vehicle or robot for the purpose of surveillance

must satisfy the requirements of the Constitution of North Dakota. In addition, the warrant must

contain a data collection statement that includes:

1. The persons that will have the power to authorize the use of the unmanned aerial

vehicle or robot;

2. The locations in which the unmanned aerial vehicle system or robot will operate;

3. The maximum period for which the unmanned aerial vehicle system will operate in

each flight or deployment; and

4. Whether the unmanned aerial vehicle system or robot will collect information or data

about individuals or groups of individuals, and if so:

a. The circumstances under which the unmanned aerial vehicle system or robot will

be used; and

b. The specific kinds of information or data the unmanned aerial vehicle system or

robot will collect about individuals and how that information or data, as well as

conclusions drawn from that information or data, will be used, disclosed, and

otherwise handled, including:

(1) The period for which the information or data will be retained; and

(2) Whether the information or data will be destroyed, and if so, when and how

the information or data will be destroyed.
N.D. Cent. Code § 29-10.1-13 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-13
29-10.1-13. Court shall charge grand jury - Duty of court to advise
Status: in_force

29-10.1-13. Court shall charge grand jury - Duty of court to advise

After the grand jury is impaneled and sworn, the court shall charge the jurors concerning the

offenses that may be considered by them or that are likely to come before them, and concerning

their duties as prescribed by law. The court, upon request of the grand jurors and at all

reasonable times, shall advise them regarding their duties.
N.D. Cent. Code § 29-22-31 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-31
29-22-31. Verdict of guilty - Procedure
Status: in_force

29-22-31. Verdict of guilty - Procedure

If a general verdict is rendered against the defendant, or a special verdict is given, the

defendant must be remanded, if in custody, or, if the defendant is at large on bail, may be

committed to the proper officer of the county to await the judgment of the court upon the verdict.

When committed, the defendant's bail is exonerated, or if money is deposited instead of bail, it

must be refunded in accordance with section 29-08-28.
N.D. Cent. Code § 29-08-27 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-27
29-08-27. Jumping bail a misdemeanor
Status: repealed

29-08-27. Jumping bail a misdemeanor

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 29-17-41 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-41
29-17-41. Juror challenged a witness
Status: in_force

29-17-41. Juror challenged a witness

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-29-03 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-03
29-29-03. Issued only upon probable cause
Status: in_force

29-29-03. Issued only upon probable cause

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-29.2-03 — ND Code / Title 29 / Chapter 29-29.2 / Section 29-29.2-03
29-29.2-03. Order may direct others to furnish assistance
Status: in_force

29-29.2-03. Order may direct others to furnish assistance

An order authorizing the interception of a wire, electronic, or oral communication must, upon

request of the applicant, direct that a communication common carrier shall furnish the applicant

forthwith all information, facilities, and technical assistance necessary to accomplish the

interception unobtrusively and with a minimum of interference with the services that the carrier

is according the person whose communications are to be intercepted. A communication

common carrier furnishing these facilities or technical assistance must be compensated by the

applicant for reasonable expenses incurred in providing the facilities or assistance.
N.D. Cent. Code § 29-30.3-06 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-06
29-30.3-06. (2-103) Appearance prior to receipt of demand or request
Status: in_force

29-30.3-06. (2-103) Appearance prior to receipt of demand or request

1. The magistrate shall inform the person appearing pursuant to section 29-30.3-04 or

29-30.3-05 of:

a. The name of the other state that has subjected the person to an arrest warrant;

b. The basis for the arrest warrant in the other state;

c. The right to assistance of counsel; and

d. The right to require a judicial hearing under this chapter before transfer of custody

to the other state.

2. After being informed by the magistrate of the effect of a waiver, the arrested person

may waive the right to require a judicial hearing under this chapter and consent to

return to the other state by executing a written waiver in the presence of the

magistrate. If the waiver is executed, the magistrate shall issue an order to transfer

custody pursuant to section 29-30.3-21 or, with the consent of the official upon whose

application the arrest warrant was issued in the other state, authorize the voluntary

return of the person to that state.

3. Unless a waiver is executed pursuant to subsection 2, the magistrate shall:

a. Release the person upon conditions that will reasonably assure availability of the

person for arrest pursuant to section 29-30.3-12 or 29-30.3-18; or

b. Direct a law enforcement officer to maintain custody of the person.

Subject to section 29-30.3-07, the period of conditional release or custody may not

exceed thirty days.
N.D. Cent. Code § 29-26-03 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-03
29-26-03. Judgment - Where rendered
Status: in_force

29-26-03. Judgment - Where rendered

Judgment must be rendered in open court unless for cause its rendition is deferred.
N.D. Cent. Code § 29-15-20 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-20
29-15-20. Procedure when affidavit of prejudice and for change of venue is filed in criminal action
Status: repealed

29-15-20. Procedure when affidavit of prejudice and for change of venue is filed in

criminal action.

Repealed by S.L. 1971, ch. 316, § 2.
N.D. Cent. Code § 29-29-06 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-06
29-29-06. Form of search warrant
Status: in_force

29-29-06. Form of search warrant

Superseded by N.D.R.Crim.P., Rules 41, 58.
N.D. Cent. Code § 29-05-03 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-03
29-05-03. Magistrate may examine complainant
Status: in_force

29-05-03. Magistrate may examine complainant

Superseded by N.D.R.Crim.P., Rule 3.
N.D. Cent. Code § 29-28-10 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-10
29-28-10. Personal service impossible - Publication
Status: in_force

29-28-10. Personal service impossible - Publication

Superseded by N.D.R.Crim.P., Rule 49.
N.D. Cent. Code § 29-17-16 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-16
29-17-16. When several defendants are tried together they must join their challenges
Status: in_force

29-17-16. When several defendants are tried together they must join their challenges

When several defendants are tried together they cannot sever their challenges but must join

therein.
N.D. Cent. Code § 29-05-10 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-10
29-05-10. Peace officer defined
Status: in_force

29-05-10. Peace officer defined

A peace officer is a sheriff of a county or the sheriff's deputy, or a coroner, marshal, or

policeman of a township or city, or any state or federal law enforcement officer.
N.D. Cent. Code § 29-06-19 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-19
29-06-19. Offense committed in presence of magistrate
Status: in_force

29-06-19. Offense committed in presence of magistrate

When a public offense is committed in the presence of a magistrate, the magistrate, by a

verbal or written order, may command any person immediately to arrest the offender, and

thereupon may proceed as if the offender had been brought before the magistrate on a warrant

of arrest.
N.D. Cent. Code § 29-29-07 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-07
29-29-07. By whom search warrant served
Status: in_force

29-29-07. By whom search warrant served

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-04-04 — ND Code / Title 29 / Chapter 29-04 / Section 29-04-04
29-04-04. Time of defendant's absence not part of limitation
Status: in_force

29-04-04. Time of defendant's absence not part of limitation

If, when a crime or public offense is committed, the defendant is out of the state, or if the

defendant is within the state and subsequently leaves the state, the information may be filed, or

the indictment found, within the time herein limited, after the defendant's return to the state. No

time during which the defendant is not an inhabitant of, or usually resident within, this state is

part of the limitation.
N.D. Cent. Code § 29-30.3-17 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-17
29-30.3-17. (4-103) Filing of request
Status: in_force

29-30.3-17. (4-103) Filing of request

A request for rendition under section 29-30.3-15 must be filed with the attorney general's

office, which office shall forward the request to the proper state's attorney. The governor by

written order may terminate the use of rendition at any time before the issuance of an order to

transfer custody.
N.D. Cent. Code § 29-29-21 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-21
29-29-21. Temporary questioning of persons in public places - Search for weapons
Status: in_force

29-29-21. Temporary questioning of persons in public places - Search for weapons

A peace officer may stop any person abroad in a public place whom the officer reasonably

suspects is committing, has committed, or is about to commit:

1. Any felony.

2. A misdemeanor relating to the possession of a concealed or dangerous weapon or

weapons.

3. Burglary or unlawful entry.

4. A violation of any provision relating to possession of marijuana or of narcotic,

hallucinogenic, depressant, or stimulant drugs.

The peace officer may demand of such person the person's name, address, and an explanation

of the person's actions. When a peace officer has stopped a person for questioning pursuant to

this section and reasonably suspects that the officer is in danger of life or limb, the officer may

search such person for a dangerous weapon. If the peace officer finds such a weapon or any

other thing, the possession of which may constitute a crime, the officer may take and keep it

until the completion of the questioning, at which time the officer shall either return it, if lawfully

possessed, or arrest such person.
N.D. Cent. Code § 29-17-28 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-28
29-17-28. Jurors examined by either party
Status: in_force

29-17-28. Jurors examined by either party

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-07-13 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-13
29-07-13. Witnesses kept separate - Exclusion during the examination of any witness
Status: in_force

29-07-13. Witnesses kept separate - Exclusion during the examination of any witness

The magistrate may exclude all witnesses who have not been examined. The magistrate

also may cause the witnesses to be kept separate and to be prevented from communicating

with each other until all are examined.
N.D. Cent. Code § 29-22-26 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-26
29-22-26. Verdict returned - Duty of court - May decrease or increase punishment
Status: in_force

29-22-26. Verdict returned - Duty of court - May decrease or increase punishment

If the jurors return a verdict of guilty against the accused, the court, before it is accepted,

shall ascertain whether it conforms to the law of the case. If, in the opinion of the court, the

verdict does not conform to the requirements of the law of the case, the court, with proper

instructions as to the error, shall direct the jurors to reconsider the verdict and the verdict cannot

be accepted nor recorded until it is rendered in proper form. But if the punishment imposed by

the jurors in the verdict, when they are authorized by law to determine the punishment, is not in

conformity to the law of the case in that regard, the court may proceed as follows:

1. If the punishment imposed by the jurors in the verdict is under the limit prescribed by

law for the offense of which the defendant is found guilty, the court may receive the

verdict and thereupon render judgment and pronounce sentence for the lowest limit

prescribed by law in such a case; or

2. If the punishment imposed by the jurors in the verdict is greater than the highest limit

prescribed by law for the offense of which the defendant is found guilty, the court shall

disregard the excess and render judgment and pronounce sentence according to the

highest limit prescribed by law in the particular case.
N.D. Cent. Code § 29-22-24 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-24
29-22-24. Finding on charge of previous conviction
Status: in_force

29-22-24. Finding on charge of previous conviction

Whenever the fact of a previous conviction of another offense is charged in the information

or indictment, the jurors, if they find a verdict of guilty of the offense with which the defendant is

charged, also must find whether or not the defendant has suffered such previous conviction,

unless the answer of defendant admits the charge. In addition to the verdict of "guilty", the

verdict of the jurors upon a charge of previous conviction may be, "we also find the charge of

previous conviction true", or "we also find the charge of previous conviction not true", as they

find that the defendant has or has not suffered such conviction.
N.D. Cent. Code § 29-17-48 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-48
29-17-48. Alternate jurors, oath - Duties
Status: in_force

29-17-48. Alternate jurors, oath - Duties

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-06-02 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-02
29-06-02. Who may make an arrest
Status: in_force

29-06-02. Who may make an arrest

An arrest may be made:

1. By a peace officer, under a warrant;

2. By a peace officer, without a warrant; or

3. By a private person.
N.D. Cent. Code § 29-12-10 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-10
29-12-10. Felony, bail given - Increased amount
Status: in_force

29-12-10. Felony, bail given - Increased amount

When an information or indictment is for a felony, and the defendant, before the filing or

finding thereof, has given bail for the defendant's appearance to answer the charge, the court to

which the information or indictment is presented, or sent, or removed for trial, may order the

defendant to be committed to actual custody either without bail, or until the defendant gives bail

in an increased amount, to be specified in the order.
N.D. Cent. Code § 29-17-22 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-22
29-17-22. Facts stated in challenge denied - Procedure
Status: in_force

29-17-22. Facts stated in challenge denied - Procedure

If, on the exception, the court deems the challenge to a panel sufficient, it, if justice requires

it, may permit the party excepting to withdraw the party's exception, and to deny the facts

alleged in the challenge. If the exception is allowed, the court, in like manner, may permit an

amendment of the challenge.
N.D. Cent. Code § 29-17-27 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-27
29-17-27. Challenge to individual juror - Peremptory or for cause
Status: in_force

29-17-27. Challenge to individual juror - Peremptory or for cause

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-01-24 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-24
29-01-24. Unclaimed stolen property - Delivery to county treasurer
Status: in_force

29-01-24. Unclaimed stolen property - Delivery to county treasurer

If the property stolen or embezzled is not claimed by the owner within six months from the

conviction of a person for stealing or embezzling it, the magistrate or officer having it in custody,

on the payment of the necessary expenses incurred in its preservation, shall deliver it to the

county treasurer by whom, if it is money, it must be paid into the county treasury, or if it is not

money, it must be sold and the proceeds paid into such treasury.
N.D. Cent. Code § 29-06.1-01 — ND Code / Title 29 / Chapter 29-06.1 / Section 29-06.1-01
29-06.1-01. Definitions
Status: in_force

29-06.1-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Tribal arrest warrant" means any document issued by a court of a tribe in this state

which authorizes a peace officer to take custody of a person.

2. "Tribe" means any of the federally recognized Indian nations, tribes, or bands in this

state.
N.D. Cent. Code § 29-06-21 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-21
29-06-21. Must inform person of cause of arrest
Status: in_force

29-06-21. Must inform person of cause of arrest

A private person making an arrest must inform the person to be arrested of the intention to

arrest the person, and of the cause of the arrest, unless:

1. The person to be arrested then is engaged in the commission of an offense;

2. Such person is pursued immediately after its commission or after an escape;

3. Such person flees or forcibly resists before the person making the arrest has

opportunity to inform the person; or

4. The giving of such information will imperil the arrest.
N.D. Cent. Code § 29-01-08 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-08
29-01-08. Extent of restraint permissible
Status: in_force

29-01-08. Extent of restraint permissible

No person charged with a public offense can be subjected before conviction to any more

restraint than is necessary for the person's detention to answer the charge.
N.D. Cent. Code § 29-08-25 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-25
29-08-25. When surety may be discharged
Status: in_force

29-08-25. When surety may be discharged

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-21-09 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-09
29-21-09. Discharge to be witness for codefendant
Status: in_force

29-21-09. Discharge to be witness for codefendant

Whenever two or more persons are charged with an offense in the same information or

indictment, and the court is of the opinion that in regard to a particular defendant there is not

sufficient evidence to put that person on that person's defense, it shall order that person to be

discharged before the evidence is closed that that person may be a witness for that person's

codefendant.
N.D. Cent. Code § 29-10.2-03 — ND Code / Title 29 / Chapter 29-10.2 / Section 29-10.2-03
29-10.2-03. Impaneling state grand jury - Selection - Composition
Status: in_force

29-10.2-03. Impaneling state grand jury - Selection - Composition

The judge granting the order to impanel a state grand jury shall determine the counties from

which the grand jurors are to be selected with due regard for the expense involved and the

inconvenience of travel. The judge granting the order for a state grand jury shall notify the clerk

of district court of each county from which the judge intends to select the members of the state

grand jury. Upon receipt of the notice to impanel a state grand jury, each clerk of district court

shall prepare a list of nine prospective state grand jurors from existing county jury lists in the

manner provided by chapter 27-09.1, and forward the clerk's state grand jury list to the clerk of

district court of the county in which the order to impanel a state grand jury was granted. The

judge granting the order shall impanel the state grand jury from such lists. A state grand jury

must be composed of not less than eight nor more than eleven persons and each grand juror

shall possess the qualifications of jurors within their respective counties as provided by law.

However, not more than one-half of the members may be residents of one county. The members

of the state grand jury must be selected and the foremen appointed in the manner provided by

chapter 29-10.1 and shall serve a term or terms as provided therein.
N.D. Cent. Code § 29-30.3-10.1 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-10.1
29-30.3-10.1. Guilt or innocence of accused - When inquiry made
Status: in_force

29-30.3-10.1. Guilt or innocence of accused - When inquiry made

The guilt or innocence of the accused as to the crime with which the person is charged may

not be inquired into by the governor or in any proceeding after a demand for extradition has

been presented to the governor or a demand for rendition has been filed with the attorney

general, except as it may be involved in identifying the person held as the person charged with

the crime.
N.D. Cent. Code § 29-17-40 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-40
29-17-40. All challenges tried by the court
Status: in_force

29-17-40. All challenges tried by the court

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-02-01 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-01
29-02-01. Lawful resistance to commission of offense, by whom made
Status: in_force

29-02-01. Lawful resistance to commission of offense, by whom made

Lawful resistance to the commission of a public offense may be made:

1. By the party about to be injured; or

2. By other parties.
N.D. Cent. Code § 29-08-05 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-05
29-08-05. Bail upon charge of murder in first degree
Status: in_force

29-08-05. Bail upon charge of murder in first degree

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-05-04 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-04
29-05-04. Accused arrested without warrant
Status: in_force

29-05-04. Accused arrested without warrant

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-15-09 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-09
29-15-09. Clerk, neglect upon removal - Damages
Status: in_force

29-15-09. Clerk, neglect upon removal - Damages

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-03-07 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-07
29-03-07. Venue of offense in or against aircraft
Status: in_force

29-03-07. Venue of offense in or against aircraft

Subject to section 29-01-33, any person who commits an offense in or against any aircraft

while it is in flight over this state may be tried in any county in this state.
N.D. Cent. Code § 29-10.2-01 — ND Code / Title 29 / Chapter 29-10.2 / Section 29-10.2-01
29-10.2-01. Definition
Status: in_force

29-10.2-01. Definition

As used in this chapter, "organized crime" means racketeering, as defined in section

12.1-06.1-01, or any combination or conspiracy of two or more persons to engage in criminal

activity as a significant source of income or livelihood, or to violate, aid, or abet the violation of

criminal laws relating to prostitution, gambling, loansharking, drug abuse, illegal alcohol or drug

distribution, counterfeiting, extortion, or corruption of law enforcement officers or other public

officers or employees.
N.D. Cent. Code § 29-06-25 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-25
29-06-25. Procedure against person arrested without warrant
Status: in_force

29-06-25. Procedure against person arrested without warrant

When an arrest is made by a peace officer or a private person without a warrant, the person

arrested without unnecessary delay must be taken:

1. Before the nearest or most accessible magistrate in the county where the arrest is

made; or

2. If there is no magistrate in said county qualified to act, then before the nearest or most

accessible magistrate authorized to act for the county where the arrest is made.

A complaint stating the charge against the person arrested must be made before such

magistrate, as is provided in rule 5 of the North Dakota Rules of Criminal Procedure.
N.D. Cent. Code § 29-21-22 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-22
29-21-22. Certified copies of papers sent to proper county by clerk
Status: in_force

29-21-22. Certified copies of papers sent to proper county by clerk

In the cases provided for in section 29-21-21, the clerk forthwith shall transmit a certified

copy of the information or indictment and of all the papers filed in the action to the proper

county, the expense of which transmission is chargeable to that county.
N.D. Cent. Code § 29-33-01 — ND Code / Title 29 / Chapter 29-33 / Section 29-33-01
29-33-01. Request for disposition of pending charges - Duty to inform prisoner - Dismissal
Status: in_force

29-33-01. Request for disposition of pending charges - Duty to inform prisoner -

Dismissal.

1. Any person who is imprisoned in a penal or correctional institution of this state may

request final disposition of any untried indictment, information, or complaint pending

against that person in this state. The request must be in writing addressed to the court

in which the indictment, information, or complaint is pending and to the prosecuting

official charged with the duty of prosecuting it and must set forth the place of

imprisonment.

2. The warden or other official having custody of prisoners shall promptly inform each

prisoner in writing of the source and nature of any untried indictment, information, or

complaint against a prisoner of which the warden or other official had knowledge or

notice and of the prisoner's right to make a request for final disposition thereof.

3. Failure of the warden or other official to inform a prisoner, as required by this section,

within one year after a detainer has been filed at the institution, entitles the prisoner to

a final dismissal of the indictment, information, or complaint with prejudice.
N.D. Cent. Code § 29-17-19 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-19
29-17-19. Causes for challenge to panel
Status: in_force

29-17-19. Causes for challenge to panel

A challenge to a panel can be founded only on a material departure from the forms

prescribed by law in respect to the drawing and return of the jury, or on the intentional omission

of the sheriff to summon one or more of the jurors drawn.
N.D. Cent. Code § 29-21-12.1 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-12.1
29-21-12.1. Statements, admissions, or confessions procured by duress, fraud, threat, or promises inadmissible in any criminal action
Status: repealed

29-21-12.1. Statements, admissions, or confessions procured by duress, fraud,

threat, or promises inadmissible in any criminal action.

Repealed by S.L. 1995, ch. 320, § 1.
N.D. Cent. Code § 29-15-10 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-10
29-15-10. Several defendants, removal by one
Status: in_force

29-15-10. Several defendants, removal by one

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-07-16 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-16
29-07-16. Accused may produce witnesses after state concludes testimony
Status: in_force

29-07-16. Accused may produce witnesses after state concludes testimony

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-30.3-14 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-14
29-30.3-14. (3-107) Judicial extradition hearing
Status: in_force

29-30.3-14. (3-107) Judicial extradition hearing

1. If the magistrate after hearing finds that the governor has issued a warrant supported

by the documentation required by subsection 1 of section 29-30.3-08 and section

29-30.3-09, the magistrate shall issue an order to transfer custody pursuant to section

29-30.3-21 unless the arrested person establishes by clear and convincing evidence

that the arrested person is not the demanded person.

2. If the magistrate does not order transfer of custody, the magistrate shall order the

arrested person to be released. If the agent of the demanding state has not taken

custody within the time specified in the order to transfer custody, the demanded person

must be released. Thereafter, an order to transfer custody may be entered only if a

new arrest warrant is issued as a result of a new demand for extradition or a new

request for rendition.

3. An order to transfer custody is not appealable.

4. An order denying transfer is appealable.
N.D. Cent. Code § 29-17-03 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-03
29-17-03. Clerk selection of juror names - Randomized list
Status: in_force

29-17-03. Clerk selection of juror names - Randomized list

At the opening of the court, the clerk shall select the names of prospective jurors from a

randomized list of names developed in accordance with chapter 27-09.1 and supreme court

rule.
N.D. Cent. Code § 29-23-08 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-08
29-23-08. When supreme court may settle statement
Status: in_force

29-23-08. When supreme court may settle statement

Superseded by N.D.R.App.P., Rules 10, 28.
N.D. Cent. Code § 29-27-07 — ND Code / Title 29 / Chapter 29-27 / Section 29-27-07
29-27-07. Commitment of offenders to department of corrections and rehabilitation - Place of confinement
Status: in_force

29-27-07. Commitment of offenders to department of corrections and rehabilitation -

Place of confinement.

1. If a judge of the district court imposes a term of imprisonment to a state correctional

facility upon conviction of a felony or a class A misdemeanor, the judge may not

designate a state correctional facility in which the offender is to be confined but shall

commit the offender to the legal and physical custody of the department of corrections

and rehabilitation.

2. After assuming custody of the convicted person, the department of corrections and

rehabilitation may transfer the inmate from one correctional facility to another for the

purposes of safety, security, discipline, medical care, or if the department determines it

is in the best interest of the public, the inmate, or the department.
N.D. Cent. Code § 29-17-09 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-09
29-17-09. Completion of panel - Procedure
Status: repealed

29-17-09. Completion of panel - Procedure

Repealed by S.L. 1999, ch. 292, § 2.
N.D. Cent. Code § 29-30.3-22 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-22
29-30.3-22. (5-102) Confinement
Status: in_force

29-30.3-22. (5-102) Confinement

An agent who has custody of a person pursuant to an order to transfer custody issued in

any state may request confinement of the person in any detention facility in this state while

transporting the person pursuant to the order. Upon production of proper identification of the

agent and a copy of the order, the detention facility shall confine the person for that agent. The

person is not entitled to another extradition or rendition proceeding in this state.
N.D. Cent. Code § 29-22-06 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-06
29-22-06. Court may recall jurors for supplemental instructions
Status: in_force

29-22-06. Court may recall jurors for supplemental instructions

The court may recall the jurors after they have retired to consider their verdict to give them

additional instructions or to correct any erroneous instructions it has given them. Such additional

or corrective instructions may be given only after notice to the state's attorney and to counsel for

the defendant.
N.D. Cent. Code § 29-31.1-02 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-02
29-31.1-02. Disposition of nonforfeitable property
Status: in_force

29-31.1-02. Disposition of nonforfeitable property

Seized property that is not required as evidence or for use in an investigation may be

returned to the owner without the requirement of a hearing, if the person's possession of the

property is not prohibited by law, the property is not forfeitable property, and there is no

forfeiture proceeding filed on behalf of the seizing agency. The seizing agency shall send notice

by regular mail, if the value of the property is less than two hundred fifty dollars, or certified mail,

if the value of the property is equal to or greater than two hundred fifty dollars, to the last-known

address of any person having an ownership or possessory right in the property stating that the

property is released and must be claimed within thirty days. Notice is deemed to have been

made upon the mailing of the notice. The notice must state that if no written claim for the

property is made upon the seizing agency within thirty days after the mailing of the notice, the

property will be deemed abandoned and disposed of accordingly. If there is more than one party

who may assert a right to possession or ownership of the property, the seizing agency may not

release the property to any party until the expiration of the date for filing claims unless all other

claimants execute a written waiver. If there is more than one claim filed for the return of property

under this section, at the expiration of the period for filing claims the seizing agency shall file a

copy of all such claims with the clerk of the district court and deposit the property with the court

in accordance with the provisions of chapter 32-11. If no owner can be located or no claim is

filed under this section, the property is deemed abandoned and the seizing agency becomes the

owner of the property and may dispose of it in any reasonable manner.
N.D. Cent. Code § 29-29-10 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-10
29-29-10. Search warrant to be served in daytime - Exception
Status: in_force

29-29-10. Search warrant to be served in daytime - Exception

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-02-08 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-08
29-02-08. Magistrate must issue warrant
Status: in_force

29-02-08. Magistrate must issue warrant

If it appears from a complaint to a magistrate that there is just reason to fear the

commission of an offense threatened by the person complained of, the magistrate shall issue a

warrant directed generally to the sheriff of the county, marshal, or policeman of the city, reciting

the substance of the complaint and commanding the officer forthwith to arrest the person

complained of and to bring that person before the magistrate.
N.D. Cent. Code § 29-07-27 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-27
29-07-27. Charge investigated by magistrate if corporation appears
Status: in_force

29-07-27. Charge investigated by magistrate if corporation appears

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-17-35 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-35
29-17-35. Particular causes of challenge specified
Status: in_force

29-17-35. Particular causes of challenge specified

Particular causes of challenge are of two kinds:

1. A bias which, when the existence of the facts is ascertained, in judgment of law

disqualifies the juror, and which is known in this title as implied bias; and

2. The existence of a state of mind on the part of the juror, with reference to the case or

to either party, which satisfies the court, in the exercise of a sound discretion, that the

juror cannot try the issue impartially without prejudice to the substantial rights of the

party challenging, and which is known in this title as actual bias.
N.D. Cent. Code § 29-12-03 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-03
29-12-03. Warrant, clerk to issue
Status: in_force

29-12-03. Warrant, clerk to issue

Superseded by N.D.R.Crim.P., Rule 9.
N.D. Cent. Code § 29-25-04 — ND Code / Title 29 / Chapter 29-25 / Section 29-25-04
29-25-04. Notice of motion - When motion heard and decided
Status: in_force

29-25-04. Notice of motion - When motion heard and decided

Superseded by N.D.R.Crim.P., Rule 34.
N.D. Cent. Code § 29-34-03 — ND Code / Title 29 / Chapter 29-34 / Section 29-34-03
29-34-03. Enforcement and cooperation directed
Status: in_force

29-34-03. Enforcement and cooperation directed

All courts, departments, agencies, officers, and employees of this state and its political

subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with

one another and with other party states in enforcing the agreement and effectuating its purpose.
N.D. Cent. Code § 29-17-14 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-14
29-17-14. Juror may affirm
Status: in_force

29-17-14. Juror may affirm

Superseded by N.D.R.Ct. 6.10.
N.D. Cent. Code § 29-05-13 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-13
29-05-13. Procedure when bail taken
Status: in_force

29-05-13. Procedure when bail taken

On taking bail, as is provided in section 29-05-12, the magistrate shall certify that fact on the

warrant and deliver the warrant and undertaking of bail to the officer having charge of the

accused. The officer then shall discharge the accused from arrest and without delay shall deliver

the warrant and undertaking to the clerk of the court at which the accused is required to appear.
N.D. Cent. Code § 29-31.1-07 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-07
29-31.1-07. Nonforfeitable interest - Purchase of forfeitable interest
Status: in_force

29-31.1-07. Nonforfeitable interest - Purchase of forfeitable interest

1. Property may not be forfeited under this chapter to the extent of an interest of an

owner who had no part in the commission of the crime and who had no knowledge of

the criminal use or intended use of the property. However, if it is established that the

owner permitted the use of the property under circumstances in which a reasonable

person should have inquired into the intended use of the property and that the owner

failed to do so, there is a rebuttable presumption that the owner knew that the property

was intended to be used in the commission of a crime.

2. Upon receipt of forfeited property, the seizing agency shall permit any owner or

lienholder of record having a nonforfeitable property interest in the property the

opportunity to purchase the property interest forfeited. If the owner or lienholder does

not exercise the option under this subsection within sixty days of mailing of written

notice to such person of such option, the option is terminated unless the time for

exercising the option is extended by the seizing agency.

3. A person having a valid, recorded lien or property interest in forfeited property, which

has not been repurchased pursuant to subsection 2, must either be reimbursed to the

extent of the nonforfeitable property interest or to the extent of the amount raised by

the sale of the item, whichever amount is less. The sale of forfeited property must be

conducted in a manner that is commercially reasonable and calculated to provide a

sufficient return to cover the cost of the sale and reimburse any nonforfeitable interest.

The validity of a lien or property interest is determined as of the date the property is

seized. All costs and expenses of the proceedings for forfeiture and sale, including

expenses of seizure, maintenance of custody, advertising, and court costs, must be

first deducted from the sale proceeds and paid to the party incurring such costs and

expenses.

4. This section does not preclude a civil suit by an owner of an interest in forfeited

property against the party who, by criminal use, caused the property to become

forfeited to the seizing agency.
N.D. Cent. Code § 29-21-31 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-31
29-21-31. Instructions to be read
Status: in_force

29-21-31. Instructions to be read

Superseded by N.D.R.Crim.P., Rule 30.
N.D. Cent. Code § 29-04-05 — ND Code / Title 29 / Chapter 29-04 / Section 29-04-05
29-04-05. When prosecution is commenced
Status: in_force

29-04-05. When prosecution is commenced

A prosecution is commenced when a uniform complaint and summons, a complaint, or an

information is filed or when a grand jury indictment is returned.
N.D. Cent. Code § 29-10.1-15 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-15
29-10.1-15. Clerk appointment by grand jurors - Duty
Status: in_force

29-10.1-15. Clerk appointment by grand jurors - Duty

The grand jury, unless a competent reporter is appointed, shall appoint a member of the jury

as clerk, who shall preserve minutes of all the proceedings of the jurors, and exhibits presented,

except of the votes of the individual members, and of the evidence given before them. Upon the

conclusion of the grand jury session, all exhibits must be placed in the custody of the state's

attorney unless otherwise directed by the court.
N.D. Cent. Code § 29-23-05 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-05
29-23-05. Matters deemed excepted to
Status: in_force

29-23-05. Matters deemed excepted to

Superseded by N.D.R.Crim.P., Rule 51.
N.D. Cent. Code § 29-08-22 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-22
29-08-22. Increase or decrease of bail - Notice to state's attorney
Status: in_force

29-08-22. Increase or decrease of bail - Notice to state's attorney

The court in which a criminal action is pending, or a judge thereof, for good cause and with

or without notice to the defendant, may increase or reduce the amount of bail. If the defendant

applies for a reduction of the amount of bail, reasonable notice of such application must be

given to the state's attorney of the county.
N.D. Cent. Code § 29-22-23 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-23
29-22-23. Conviction of attempt or of included offense
Status: in_force

29-22-23. Conviction of attempt or of included offense

Superseded by N.D.R.Crim.P., Rule 31.
N.D. Cent. Code § 29-34-08 — ND Code / Title 29 / Chapter 29-34 / Section 29-34-08
29-34-08. To whom copies of this chapter must be sent
Status: in_force

29-34-08. To whom copies of this chapter must be sent

Copies of this chapter must, upon its approval, be transmitted to the governor of each state,

the attorney general and the administrator of general services of the United States, and the

council of state governments.
N.D. Cent. Code § 29-19-07 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-07
29-19-07. Application for continuance on ground defendant or attorney is member of assembly - Grounds
Status: in_force

29-19-07. Application for continuance on ground defendant or attorney is member of

assembly - Grounds.

An application for a continuance on the ground that the defendant or the defendant's

attorney of record is a member of either house of the legislative assembly must show:

1. That the legislative assembly then is, or at the time of trial, will be in session;

2. If made by the attorney, that the person has been the attorney of record for the

defendant for more than fifteen days prior to the making of the application;

3. That the applicant is a member of one of the houses of the legislative assembly;

4. That the applicant then is, or at the beginning of the term of court in which said action

is pending will be, actually engaged in the person's duties in the assembly; and

5. That the applicant's attendance is necessary to a fair and proper trial of said action.

Service of the application must be made at least ten days before the opening of the term of

court at which such action is pending. The case may not be tried over the objection of the

defendant within ten days after the adjournment of the legislative assembly.
N.D. Cent. Code § 29-26-09 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-09
29-26-09. Bench warrant service
Status: in_force

29-26-09. Bench warrant service

A bench warrant may be served in any county of the state and in the same manner as a

warrant of arrest.
N.D. Cent. Code § 29-29-05 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-05
29-29-05. Requisites of search warrant
Status: in_force

29-29-05. Requisites of search warrant

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-26-22.2 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-22.2
29-26-22.2. Authority to compromise judgment by county commissioners
Status: in_force

29-26-22.2. Authority to compromise judgment by county commissioners

1. If, after a lapse of two years from the filing of a judgment, the board of county

commissioners determines the judgment cannot be collected in full, the board of

county commissioners may compromise and settle any judgment for fines or costs

arising from criminal proceedings which are payable to the state treasurer.

2. The county's compromise or settlement may include a request to the district court to

convert any amount still owed to a civil judgment.

3. Upon receipt of a certified copy of the board's action, the state's attorney of the county

where the judgment was filed shall file a partial or total satisfaction of the judgment.

4. In the absence of a compromise or settlement, or after one year has passed following

the date of a compromise or settlement, the county may contract with a private debt

collection company to collect any remaining balance. The county shall deposit any

additional revenue collected under this subsection in the county general fund.
N.D. Cent. Code § 29-10.1-39 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-39
29-10.1-39. Violation constitutes contempt
Status: in_force

29-10.1-39. Violation constitutes contempt

Any person who willfully violates any provision of this chapter is guilty of contempt of court.
N.D. Cent. Code § 29-10.1-19 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-19
29-10.1-19. Subpoenas
Status: in_force

29-10.1-19. Subpoenas

The grand jury may issue subpoenas or subpoenas duces tecum to any witness within the

state. Subpoenas may also be issued by the state's attorney or prosecutor in the manner

provided in the statutes or North Dakota Rules of Criminal Procedure.
N.D. Cent. Code § 29-04-03.2 — ND Code / Title 29 / Chapter 29-04 / Section 29-04-03.2
29-04-03.2. Statute of limitations as to child victim
Status: in_force

29-04-03.2. Statute of limitations as to child victim

If the victim of a violation of chapter 12.1-20 or of the crime of human trafficking is under the

age of fifteen, the applicable period of limitation, if any, does not begin to run until the victim has

reached the age of fifteen.
N.D. Cent. Code § 29-07-15 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-15
29-07-15. Testimony reduced to writing - Conditions - Payment
Status: in_force

29-07-15. Testimony reduced to writing - Conditions - Payment

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-28-02 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-02
29-28-02. Who may appeal
Status: in_force

29-28-02. Who may appeal

Either the defendant or the state may take an appeal as provided in this chapter.
N.D. Cent. Code § 29-08-16 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-16
29-08-16. Notice to state's attorney
Status: in_force

29-08-16. Notice to state's attorney

Whenever admission to bail is a matter of discretion, the court, magistrate, or officer to

whom application therefor is made shall require reasonable notice thereof to be given to the

state's attorney of the county.
N.D. Cent. Code § 29-29.1-01.1 — ND Code / Title 29 / Chapter 29-29.1 / Section 29-29.1-01.1
29-29.1-01.1. Warrant for electronic communication information
Status: in_force

29-29.1-01.1. Warrant for electronic communication information

1. As used in this section, "Electronic communication information" means any information

about an electronic communication or the use of an electronic communication service,

limited to the contents of electronic communications and precise or approximate

location of the target sender or target recipient at any point during the communication.

2. Notwithstanding chapter 29-29, any official or employee of the state or of a unit of

county or local government of the state may, under the conditions specified in this

section, obtain a warrant requiring disclosure of electronic communication information.

3. A warrant issued under this section may authorize the seizure of electronic storage

media or the seizure or copying of electronically stored information. Unless otherwise

specified, the warrant authorizes a later review of the media or information consistent

with the warrant.

4. Under this section, the time for executing the warrant refers to the seizure or onsite

copying of the media or information, and not to any later offsite copying or review.

5. The issuing magistrate may grant an extension of a warrant on the owner or the

possessor of electronic communication information upon an application under oath

stating the owner or the possessor has not produced the requested electronic

communication information within ten days and that an extension is necessary to

achieve the purposes for which the search warrant was granted. An extension may not

exceed thirty days.
N.D. Cent. Code § 29-06-07 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-07
29-06-07. Definition of fresh pursuit
Status: in_force

29-06-07. Definition of fresh pursuit

As used in section 29-06-05, the term "fresh pursuit" shall include fresh pursuit as defined

by the common law, and also the pursuit of a person who has committed or who is reasonably

suspected of having committed a felony, misdemeanor, or traffic violation. It also shall include

the pursuit of a person suspected of having committed a supposed felony, misdemeanor, or

traffic violation, though no felony, misdemeanor, or traffic violation has been actually committed,

if there is reasonable ground for believing that a felony, misdemeanor, or traffic violation has

been committed. Fresh pursuit, as the term is used in this chapter, shall not necessarily imply

instant pursuit, but pursuit without unreasonable delay.
N.D. Cent. Code § 29-29.3-01 — ND Code / Title 29 / Chapter 29-29.3 / Section 29-29.3-01
29-29.3-01. Definitions
Status: in_force

29-29.3-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Electronic communication" means transfer of signs, signals, writing, images, sounds,

data, or intelligence of any nature transmitted in whole or in part by a wire, radio,

electromagnetic, photoelectronic, or photo-optical system. The term does not include

the radio portion of a cordless telephone communication that is transmitted between

the cordless telephone handset and the base unit, a wire or oral communication, a

communication made through a tone-only paging device, or a communication from a

tracking device.

2. "Electronic communication service" means any service that provides to users of the

service the ability to send or receive wire or electronic communications.

3. "Pen register" means a device that records or decodes electronic or other impulses

that identify the number dialed or otherwise transmitted on the telephone line to which

the device is attached, but the term does not include a device used by a provider or

customer of a wire or electronic communication service for billing, or recording as an

incident to billing, for communications services provided by the provider or a device

used by a provider or customer of a wire communication service for cost accounting or

other like purposes in the ordinary course of its business.

4. "Tracking device" means an electronic or mechanical device that permits the tracing of

the movement of a person or object.

5. "Trap and trace device" means a device which captures the incoming electronic or

other impulses that identify the originating number of an instrument or device from

which a wire or electronic communication was transmitted.

6. "Wire communication" means any aural transfer made in whole or in part through the

use of facilities for the transmission of communications by the aid of wire, cable, or

other like connection between the point of origin and the point of reception, including

any electronic storage of the communication, but does not include the radio portion of

a cordless telephone communication that is transmitted between the cordless

telephone handset and the base unit.
N.D. Cent. Code § 29-17-42 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-42
29-17-42. Other witnesses may be examined - Rules of evidence
Status: in_force

29-17-42. Other witnesses may be examined - Rules of evidence

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-28-14 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-14
29-28-14. Certificate of probable cause issued - Duty of sheriff
Status: in_force

29-28-14. Certificate of probable cause issued - Duty of sheriff

Superseded by N.D.R.Crim.P., Rule 38.
N.D. Cent. Code § 29-27-01 — ND Code / Title 29 / Chapter 29-27 / Section 29-27-01
29-27-01. Execution to officer
Status: in_force

29-27-01. Execution to officer

When a judgment imposing a penalty other than a fine only has been pronounced, a

certified copy of the entry thereof upon the minutes must be furnished forthwith to the officer

whose duty it is to execute the judgment, and no other warrant or authority is necessary to

justify or require its execution.
N.D. Cent. Code § 29-25-06 — ND Code / Title 29 / Chapter 29-25 / Section 29-25-06
29-25-06. Judgment arrested - Further prosecution - Acquittal
Status: in_force

29-25-06. Judgment arrested - Further prosecution - Acquittal

If, from the evidence in a trial, there is reason to believe the defendant guilty, and a new

information or indictment can be framed upon which the defendant may be convicted, the court

may order the defendant to be recommitted to the officer of the proper county, or admitted to

bail anew, to answer the new information or indictment. If the evidence shows the defendant

guilty of another offense, the defendant must be committed or held thereon, and in neither case

may the verdict be a bar to another prosecution. If no evidence appears sufficient to charge the

defendant with any offense, the defendant, if in custody, must be discharged, or if admitted to

bail, the defendant's bail must be exonerated, or if money has been deposited instead of bail, it

must be refunded, and the arrest of judgment operates as an acquittal of the defendant of the

charge upon which the information or indictment was founded.
N.D. Cent. Code § 29-28-29 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-29
29-28-29. New trial ordered - Where had
Status: in_force

29-28-29. New trial ordered - Where had

Superseded by N.D.R.App.P., Rule 35.
N.D. Cent. Code § 29-10.1-14 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-14
29-10.1-14. Retirement of grand jurors
Status: in_force

29-10.1-14. Retirement of grand jurors

After the charge by the court, the grand jurors shall retire to a private room which must be

provided for by the county commissioners and perform their duties as prescribed by law.
N.D. Cent. Code § 29-28-11 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-11
29-28-11. When appeal deemed taken
Status: in_force

29-28-11. When appeal deemed taken

Superseded by N.D.R.Crim.P., Rule 37.
N.D. Cent. Code § 29-30.3-24 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-24
29-30.3-24. (5-104) Applicability of other law
Status: in_force

29-30.3-24. (5-104) Applicability of other law

1. A person returned to this state is subject to the law of this state as well as the

provisions of law that constituted the basis for the return.

2. This chapter does not limit the powers, rights, or duties of the officials of a demanding

or requesting state or of this state.
N.D. Cent. Code § 29-05-01 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-01
29-05-01. What complaint must state
Status: in_force

29-05-01. What complaint must state

A complaint must state:

1. The name of the person accused, if known, or if not known and it is so stated, that

person may be designated by any other name;

2. The county in which the offense was committed;

3. The general name of the crime or public offense committed;

4. The acts or omissions complained of as constituting the crime or public offense

named;

5. The person against whom, or against whose property, the offense was committed, if

known; and

6. If the offense is against the property of any person, a general description of such

property.

The complaint must be subscribed and sworn to by the complainant.
N.D. Cent. Code § 29-17-13 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-13
29-17-13. Number failing, others summoned
Status: in_force

29-17-13. Number failing, others summoned

If a sufficient number of jurors cannot be selected to form a trial jury, the court, as often as is

necessary, may order the sheriff to summon from the body of the county as many persons

qualified to serve as jurors as the court deems sufficient to form a jury. The jurors so summoned

may be called from the list returned by the sheriff, and as many of them not excused or

discharged as may be necessary to complete the jury must be impaneled and sworn.
N.D. Cent. Code § 29-02-02 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-02
29-02-02. Resistance by party about to be injured
Status: in_force

29-02-02. Resistance by party about to be injured

Resistance sufficient to prevent a public offense may be made by a party about to be

injured:

1. To prevent an offense against the party's person or the party's family or some member

thereof; or

2. To prevent an illegal attempt by force to take or injure property in the party's lawful

possession.
N.D. Cent. Code § 29-08-14 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-14
29-08-14. Deposit of money or bonds as bail
Status: in_force

29-08-14. Deposit of money or bonds as bail

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-10.1-29 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-29
29-10.1-29. Duty of state's attorney
Status: in_force

29-10.1-29. Duty of state's attorney

The state's attorney or prosecutor, upon the request of the grand jurors, shall advise them

regarding their duties. The state's attorney or prosecutor, at all reasonable times, may appear

before them on the person's own motion for the purpose of giving the grand jurors information or

advice regarding any matter cognizable by them and may interrogate witnesses before them

whenever the state's attorney or prosecutor believes it necessary.
N.D. Cent. Code § 29-02-11 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-11
29-02-11. When accused must give undertaking
Status: in_force

29-02-11. When accused must give undertaking

If there is just reason to fear the commission of an offense, the person complained of may

be required to enter into an undertaking in such sum, not exceeding one thousand dollars, as

the magistrate may direct, with one or more sufficient sureties to abide the order of the next

district court of the county, and in the meantime to keep the peace toward the people of this

state, and particularly toward the complainant.
N.D. Cent. Code § 29-17-05 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-05
29-17-05. Manner of drawing jury
Status: repealed

29-17-05. Manner of drawing jury

Repealed by S.L. 2009, ch. 280, § 3.
N.D. Cent. Code § 29-06-12 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-12
29-06-12. Officer must obey warrant in making arrest
Status: in_force

29-06-12. Officer must obey warrant in making arrest

An officer making an arrest in obedience to a warrant shall proceed with the person arrested

as commanded in the warrant, or as otherwise provided by law.
N.D. Cent. Code § 29-28-20 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-20
29-28-20. Irregularity in substantial particulars - Notice
Status: in_force

29-28-20. Irregularity in substantial particulars - Notice

Superseded by N.D.R.App.P., Rules 3, 27.
N.D. Cent. Code § 29-21-07 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-07
29-21-07. Persons jointly accused of crime jointly tried - Exceptions
Status: in_force

29-21-07. Persons jointly accused of crime jointly tried - Exceptions

Whenever two or more persons are jointly charged with any crime, they must be tried jointly,

subject to the power of the court, in its discretion and for special reasons, to order separate

trials as to one or more of the defendants, and when tried jointly there may be joint or several

convictions or acquittals, as the jury may determine the facts.
N.D. Cent. Code § 29-05-17 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-17
29-05-17. Requirements of warrant for accused from other county - Complaint to accompany
Status: in_force

29-05-17. Requirements of warrant for accused from other county - Complaint to

accompany.

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-27-02 — ND Code / Title 29 / Chapter 29-27 / Section 29-27-02
29-27-02. Judgment for fine or costs
Status: in_force

29-27-02. Judgment for fine or costs

If the judgment mentioned in section 29-27-01 imposes a fine or assesses costs and the

judgment has been docketed in the judgment docket by order of the court, the judgment is

enforceable by execution in the same manner as provided for a judgment for money in a civil

action.
N.D. Cent. Code § 29-15-12 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-12
29-15-12. Prosecution by officers of county where action was commenced - Jurisdiction of court
Status: in_force

29-15-12. Prosecution by officers of county where action was commenced -

Jurisdiction of court.

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-34-04 — ND Code / Title 29 / Chapter 29-34 / Section 29-34-04
29-34-04. Application of habitual criminal law not required
Status: in_force

29-34-04. Application of habitual criminal law not required

Nothing in this chapter or in the agreement on detainers may be construed to require the

application of the habitual criminal law of this state to any person on account of any conviction

had in a proceeding brought to final disposition by reason of the use of said agreement.
N.D. Cent. Code § 29-29.4-05 — ND Code / Title 29 / Chapter 29-29.4 / Section 29-29.4-05
29-29.4-05. Prohibited use - Exceptions
Status: in_force

29-29.4-05. Prohibited use - Exceptions

1. A law enforcement agency may not authorize the use of, including granting a permit to

use, an unmanned aerial vehicle armed with any lethal weapons.

2. This chapter prohibits any use of an unmanned aerial vehicle or robot for:

a. Domestic use in private surveillance. A law enforcement agency may not

authorize the use of, including granting a permit to use, an unmanned aerial

vehicle or robot to permit any private person to conduct surveillance on any other

private person without the express, informed consent of that other person or the

owner of any real property on which that other private person is present.

b. Surveillance of the lawful exercise of constitutional rights, unless the surveillance

is otherwise allowed under this chapter.

3. A law enforcement agency may not authorize the use of a robot to deploy a lethal

weapon, unless the weapon is controlled remotely, cannot be activated autonomously,

and is used to:

a. Neutralize an inanimate object at risk of exploding or causing an immediate threat

to public safety or property; or

b. Prevent an imminent and substantial risk of serious bodily injury or death to a law

enforcement officer or another individual, in a circumstance where the use of

lethal force by an officer would be legally justified.

4. A law enforcement agency may not authorize the use of an unmanned aerial vehicle or

robot to deploy a less than lethal weapon, unless the weapon is controlled remotely

and cannot be activated autonomously.

5. A law enforcement agency, before authorizing any use of force, shall adopt a policy on

the use of force by an unmanned aerial vehicle or robot, which includes the individuals

with authority to authorize the use of force by an unmanned aerial vehicle or robot.
N.D. Cent. Code § 29-29.6-01 — ND Code / Title 29 / Chapter 29-29.6 / Section 29-29.6-01
29-29.6-01. Definitions
Status: in_force

29-29.6-01. Definitions

As used in this chapter:

1. "Electronic communication service" has the meaning given in subsection 2 of section

29-29.3-01.

2. "Electronic device" means a device that enables access to or use of an electronic

communication service, remote computing service, or location information service.

3. "Government entity" means a state or local agency, including a law enforcement entity

or any other investigative entity, agency, department, division, bureau, board, or

commission or an individual acting or purporting to act for or on behalf of a state or

local agency.

4. "Location information" means information concerning the location of an electronic

device that, in whole or in part, is generated or derived from or obtained by the

operation of an electronic device. This information could include historical cell site

location information, real time cell site location information, or any cell site location

information from a specific period of time.

5. "Location information service" means the provision of a global positioning service or

other mapping, locational, or directional information service.

6. "Remote computing service" means the provision to the public of computer storage or

processing services by means of an electronic communication system.

7. "Tracking warrant" means an order in writing, in the name of the state, signed by a

court directed to a peace officer, granting the officer access to location information of

an electronic device.
N.D. Cent. Code § 29-32.1-05 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-05
29-32.1-05. Counsel at public expense - Applicant's inability to pay costs and litigation expenses
Status: in_force

29-32.1-05. Counsel at public expense - Applicant's inability to pay costs and

litigation expenses.

1. If an applicant requests counsel and the court is satisfied that the applicant is indigent,

counsel shall be provided at public expense to represent the applicant.

2. Costs and expenses incident to a proceeding under this chapter, including fees for

counsel provided at public expense, must be reimbursed in the same manner as are

costs and expenses incurred in the defense of criminal prosecutions.
N.D. Cent. Code § 29-01-17 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-17
29-01-17. Stay of proceedings upon compromise
Status: in_force

29-01-17. Stay of proceedings upon compromise

If a party injured appears before the court in which a trial for the commission of a public

offense is to be had, at any time before the trial, and acknowledges that the party injured has

received satisfaction for the injury, the court, on payment of the costs incurred, may order all

proceedings to be stayed upon the prosecution and the defendant to be discharged therefrom,

but in such a case the reasons for the order must be set forth therein and entered on the

minutes.
N.D. Cent. Code § 29-28-32 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-32
29-28-32. Judgment of court entered - Certificate
Status: in_force

29-28-32. Judgment of court entered - Certificate

Superseded by N.D.R.App.P., Rule 36.
N.D. Cent. Code § 29-10.1-08 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-08
29-10.1-08. Challenge allowed - Procedure
Status: in_force

29-10.1-08. Challenge allowed - Procedure

Whenever a challenge to the panel or to an individual grand juror is allowed, the court shall

make an order to the jury commission to summon without delay a sufficient number of persons

to complete or to form a grand jury.
N.D. Cent. Code § 29-06.1-04 — ND Code / Title 29 / Chapter 29-06.1 / Section 29-06.1-04
29-06.1-04. Order to transfer custody
Status: in_force

29-06.1-04. Order to transfer custody

1. A judicial order to transfer custody issued under section 29-06.1-03 must direct a law

enforcement officer to take or retain custody of the person until an agent of the

applicable tribal authority is available to take custody. If the agent has not taken

custody within three days, excluding weekends and holidays, the judge may order the

release of the person upon conditions that will assure the person's availability on a

specified date within seven days, excluding weekends and holidays. If the agent has

not taken custody within the time specified in the order, the person must be released.

Thereafter, an order to transfer custody may be entered only if a new arrest warrant is

issued.

2. The judge in the order transferring custody may authorize the voluntary return of the

person with the consent of the applicable tribal authority.

3. An order to transfer custody is not appealable. An order denying transfer is

appealable.
N.D. Cent. Code § 29-29.5-05 — ND Code / Title 29 / Chapter 29-29.5 / Section 29-29.5-05
29-29.5-05. Written agreement required
Status: in_force

29-29.5-05. Written agreement required

Except for court proceedings, a law enforcement agency may use a confidential informant

only with a written agreement executed by the confidential informant and the law enforcement

agency. An agreement for use of a confidential informant must be in writing, and include:

1. The confidential informant's right to remain silent, the right to speak with legal counsel

at any time, and the right to cease working as a confidential informant;

2. A statement of the benefit, which will be recommended upon substantial compliance

with the informant agreement;

3. A statement that an absolute guarantee or promise may not be made to the

confidential informant other than law enforcement will truthfully report cooperation;

4. A statement of the inherent risk associated with acting as a confidential informant;

5. Confidential informant responsibilities, including testifying truthfully if called as a

witness in a court proceeding;

6. A written waiver of right to counsel which must be executed separately and attached to

the informant agreement, signed by the confidential informant and a law enforcement

officer, and include language stating that consulting legal counsel at any time will not

invalidate the agreement;

7. The parameters of the agreement, detailing the anticipated number of buys, sales,

acts, or the duration of service;

8. A description of any penalty for violating the terms of the written agreement, including

any additional criminal charges;

9. A warning that sexual relations with an intended target of a police investigation is a

violation of the agreement and may be a violation of the law;

10. A statement that money or property loaned or entrusted to the confidential informant

by law enforcement may not be used for personal use and must be accounted for at all

times; and

11. Specification of any known crimes of violence committed by a target offender.
N.D. Cent. Code § 29-15-17 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-17
29-15-17. Expenses of judge designated
Status: repealed

29-15-17. Expenses of judge designated

Repealed by S.L. 1971, ch. 316, § 2.
N.D. Cent. Code § 29-30.3-15 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-15
29-30.3-15. (4-101) Request for rendition
Status: in_force

29-30.3-15. (4-101) Request for rendition

1. Subject to subsections 2 and 3, this state may grant a written request by an issuing

authority of another state for the rendition of a person in this state.

2. The request must be refused if the requested person is:

a. Being prosecuted or is imprisoned in this state for a criminal offense;

b. The subject of a pending proceeding in a juvenile court of this state brought for

the purpose of adjudicating the person to be a delinquent child;

c. In the custody of an agency of this state pursuant to an order of disposition of a

juvenile court of this state as a delinquent child; or

d. Under the supervision of the juvenile court of this state pursuant to informal

adjustment or an order of disposition of the court.

3. The request must allege that the person:

a. Is charged with a crime punishable in the requesting state by death or

imprisonment for a term exceeding one year in the requesting state; or

b. Having been charged with or convicted of a crime in the requesting state, has

escaped from confinement or violated any term of bail, probation, parole, or an

order arising out of a criminal proceeding in the requesting state.

4. Upon application of the attorney general or a state's attorney, an issuing authority may

request rendition of a person from another state and may comply with requirements of

that state for the granting of the request. A correction official who is also an issuing

authority may request rendition from another state of a person described in subdivision

b of subsection 3, and subject to the jurisdiction of the correction official.
N.D. Cent. Code § 29-21-18 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-18
29-21-18. Juror knowing fact - Witness
Status: in_force

29-21-18. Juror knowing fact - Witness

Superseded by N.D.R.Ev., Rule 606.
N.D. Cent. Code § 29-03-08 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-08
29-03-08. Venue of offenses committed on railroad train or other vehicle
Status: in_force

29-03-08. Venue of offenses committed on railroad train or other vehicle

Subject to section 29-01-33, when an offense is committed on a railroad train or other

vehicle while in the course of a trip, the trial may be in any county through which the train or

other public vehicle passed during the trip.
N.D. Cent. Code § 29-26-18 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-18
29-26-18. Evidence in aggravation or mitigation of punishment - How presented
Status: in_force

29-26-18. Evidence in aggravation or mitigation of punishment - How presented

Circumstances in aggravation or mitigation of punishment must be presented by testimony

of witnesses examined in open court, except when a witness is so sick or infirm as to be unable

to attend, that witness's deposition may be taken by a magistrate of the county out of court, at a

specified time and place, upon such notice to the adverse party as the court may direct, the

criminal record of the defendant furnished by the federal bureau of investigation or the state

superintendent of criminal identification and reports of the state parole office may be received by

the court without verification or other foundation, and, results of psychological testing and

psychiatric examination, certified in writing, may be received by the court without verification or

other foundation, subject to such inspection and confrontation of witnesses as the court may

permit or require in the interests of justice.
N.D. Cent. Code § 29-08-01 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-01
29-08-01. Bail defined
Status: in_force

29-08-01. Bail defined

Bail is the security required and given for the release of a person who is in the custody of

the law that the person will appear before any court in which the person's appearance may be

required and that the person will do, or refrain from doing, such things as are stipulated in the

bail bond or recognizance referred to in this chapter as the undertaking.
N.D. Cent. Code § 29-22-10 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-10
29-22-10. Verdict may be oral or in writing - Preparation
Status: in_force

29-22-10. Verdict may be oral or in writing - Preparation

The verdict of the jurors may be rendered orally or in writing, as the jurors may elect, unless

the court, at the time the case is submitted to the jurors, requires that it be rendered in writing.

When the court so requires, the clerk of the court, under the direction of the court, shall provide

blank verdicts of suitable form for any verdict the jurors may return in the action and such blank

verdicts must be taken by the jurors when they retire.
N.D. Cent. Code § 29-19-01 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-01
29-19-01. Definition of continuance
Status: in_force

29-19-01. Definition of continuance

A continuance, within the meaning of this chapter, is the postponement of a cause for any

period of time.
N.D. Cent. Code § 29-29.5-06 — ND Code / Title 29 / Chapter 29-29.5 / Section 29-29.5-06
29-29.5-06. Death of a confidential informant
Status: in_force

29-29.5-06. Death of a confidential informant

Upon the death of a confidential informant, the supervising law enforcement agency shall

withdraw from the investigation of the death of its confidential informant. The supervising law

enforcement agency promptly shall notify the attorney general of its withdrawal from the

investigation, and the attorney general shall authorize an independent law enforcement agency

investigation.
N.D. Cent. Code § 29-12-13 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-13
29-12-13. Information filed or indictment returned - Summons
Status: in_force

29-12-13. Information filed or indictment returned - Summons

If an information is filed without a preliminary examination, or an indictment is returned

against a corporation or limited liability company, the clerk of the district court shall issue a

summons in the corporate name of the corporation or limited liability company in the form

prescribed in rule 4 of the North Dakota Rules of Criminal Procedure commanding it to appear

and answer the information or indictment. Such summons must be served as a summons in a

civil action is served.
N.D. Cent. Code § 29-02-05 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-05
29-02-05. Persons aiding officers justified
Status: in_force

29-02-05. Persons aiding officers justified

Whenever officers of justice are authorized to act in the prevention of public offenses, other

persons who by their command act in their aid are justified in so doing.
N.D. Cent. Code § 29-21-14 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-14
29-21-14. Testimony of accomplice - Corroboration required
Status: in_force

29-21-14. Testimony of accomplice - Corroboration required

A conviction cannot be had upon the testimony of an accomplice unless the accomplice is

corroborated by such other evidence as tends to connect the defendant with the commission of

the offense, and the corroboration is not sufficient if it merely shows the commission of the

offense, or the circumstances thereof.
N.D. Cent. Code § 29-31.1-05 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-05
29-31.1-05. Transfer of forfeitable property
Status: in_force

29-31.1-05. Transfer of forfeitable property

Title to, and responsibility for, forfeitable property vests with the seizing agency at the time

of the seizure. Once forfeitable property is seized, no right to the property may be transferred by

anyone other than the seizing agency unless the seizure and forfeiture is declared by the court

to be a nullity or as otherwise ordered by the court.
N.D. Cent. Code § 29-19-03 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-03
29-19-03. Court may grant continuance
Status: in_force

29-19-03. Court may grant continuance

The court, upon a showing of sufficient cause therefor by either party, may direct the trial of

a cause to be postponed to another day in the same term or to the next term.
N.D. Cent. Code § 29-07-10 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-10
29-07-10. Summoning of witnesses
Status: in_force

29-07-10. Summoning of witnesses

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-17-08 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-08
29-17-08. Name of absent or disqualified juror returned to box when jury completed
Status: repealed

29-17-08. Name of absent or disqualified juror returned to box when jury completed

Repealed by S.L. 2009, ch. 280, § 3.
N.D. Cent. Code § 29-32.1-04 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-04
29-32.1-04. Application - Contents
Status: in_force

29-32.1-04. Application - Contents

1. The application must identify the proceedings in which the applicant was convicted

and sentenced, give the date of the judgment and sentence complained of, set forth a

concise statement of each ground for relief, and specify the relief requested.

Argument, citations, and discussion of authorities are unnecessary.

2. The application must identify all proceedings for direct review of the judgment of

conviction or sentence and all previous postconviction proceedings taken by the

applicant to secure relief from the conviction or sentence, the grounds asserted

therein, and the orders or judgments entered. The application must refer to the

portions of the record of prior proceedings pertinent to the alleged grounds for relief. If

the cited record is not in the files of the court, the applicant shall attach that record or

portions thereof to the application or state why it is not attached. Affidavits or other

material supporting the application may be attached, but are unnecessary.
N.D. Cent. Code § 29-28-06 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-06
29-28-06. From what defendant may appeal
Status: in_force

29-28-06. From what defendant may appeal

An appeal may be taken by the defendant from:

1. A verdict of guilty;

2. A final judgment of conviction;

3. An order refusing a motion in arrest of judgment;

4. An order denying a motion for a new trial; or

5. An order made after judgment affecting any substantial right of the party.
N.D. Cent. Code § 29-28-22 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-22
29-28-22. Appeal stands for argument at first term
Status: in_force

29-28-22. Appeal stands for argument at first term

Superseded by N.D.R.App.P., Rule 45.
N.D. Cent. Code § 29-32.1-14 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-14
29-32.1-14. Review
Status: in_force

29-32.1-14. Review

A final judgment entered under this chapter may be reviewed by the supreme court of this

state upon appeal as provided by rule of the supreme court.
N.D. Cent. Code § 29-06-27 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-27
29-06-27. Shoplifting - Arresting person exempt from liability
Status: repealed

29-06-27. Shoplifting - Arresting person exempt from liability

Repealed by S.L. 1975, ch. 454, § 6.
N.D. Cent. Code § 29-32.1-01 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-01
29-32.1-01. Remedy - To whom available - Conditions
Status: in_force

29-32.1-01. Remedy - To whom available - Conditions

1. A person who has been convicted of and sentenced for a crime may institute a

proceeding applying for relief under this chapter upon the ground that:

a. The conviction was obtained or the sentence was imposed in violation of the laws

or the Constitution of the United States or of the laws or Constitution of North

Dakota;

b. The conviction was obtained under a statute that is in violation of the Constitution

of the United States or the Constitution of North Dakota, or that the conduct for

which the applicant was prosecuted is constitutionally protected;

c. The court that rendered the judgment of conviction and sentence was without

jurisdiction over the person of the applicant or the subject matter;

d. The sentence is not authorized by law;

e. Evidence, not previously presented and heard, exists requiring vacation of the

conviction or sentence in the interest of justice;

f. A significant change in substantive or procedural law has occurred which, in the

interest of justice, should be applied retrospectively;

g. The sentence has expired, probation or parole or conditional release was

unlawfully revoked, or the applicant is otherwise unlawfully in custody or

restrained; or

h. The conviction or sentence is otherwise subject to collateral attack upon any

ground of alleged error available before July 1, 1985, under any common law,

statutory or other writ, motion, proceeding, or remedy.

2. Except as provided in subsection 3, an application for relief under this chapter must be

filed within two years of the date the conviction becomes final. A conviction becomes

final for purposes of this chapter when:

a. The time for appeal of the conviction to the North Dakota supreme court expires;

b. If an appeal was taken to the North Dakota supreme court, the time for petitioning

the United States supreme court for review expires; or

c. If review was sought in the United States supreme court, the date the supreme

court issues a final order in the case.

3. a. Notwithstanding subsection 2, a court may consider an application for relief under

this chapter if:

(1) The petition alleges the existence of newly discovered evidence, including

DNA evidence, which if proved and reviewed in light of the evidence as a

whole, would establish that the petitioner did not engage in the criminal

conduct for which the petitioner was convicted;

(2) The petitioner establishes that the petitioner suffered from a physical

disability or mental disease that precluded timely assertion of the application

for relief; or

(3) The petitioner asserts a new interpretation of federal or state constitutional

or statutory law by either the United States supreme court or a North Dakota

appellate court and the petitioner establishes that the interpretation is

retroactively applicable to the petitioner's case.

b. An application under this subsection must be filed within two years of the date the

petitioner discovers or reasonably should have discovered the existence of the

new evidence, the disability or disease ceases, or the effective date of the

retroactive application of law.

4. A proceeding under this chapter is not a substitute for and does not affect any remedy

incident to the prosecution in the trial court or direct review of the judgment of

conviction or sentence in an appellate court. Except as otherwise provided in this

chapter, a proceeding under this chapter replaces all other common law, statutory, or

other remedies available before July 1, 1985, for collaterally challenging the validity of

the judgment of conviction or sentence. It is to be used exclusively in place of them. A

proceeding under this chapter is not available to provide relief for disciplinary

measures, custodial treatment, or other violations of civil rights of a convicted person

occurring after the imposition of sentence.
N.D. Cent. Code § 29-17-29 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-29
29-17-29. Challenge taken before juror sworn
Status: in_force

29-17-29. Challenge taken before juror sworn

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-02-13 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-13
29-02-13. Accused committed - How discharged - Undertaking transmitted to district court
Status: in_force

29-02-13. Accused committed - How discharged - Undertaking transmitted to district

court.

If a person complained of for threatening to commit an offense against the person or

property of another is committed for not giving security, that person, upon giving the same, may

be discharged by any municipal judge who is authorized to act as a committing magistrate, or by

the judge of the district court of the county. Any undertaking so accepted must be transmitted by

the acting magistrate to the district court of the county for disposition at the next term.
N.D. Cent. Code § 29-06-15 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-15
29-06-15. Arrest without warrant - Peace officer - Federal agent
Status: in_force

29-06-15. Arrest without warrant - Peace officer - Federal agent

1. A law enforcement officer, without a warrant, may arrest a person:

a. For a public offense, committed or attempted in the officer's presence and for the

purpose of this subdivision, a crime must be deemed committed or attempted in

the officer's presence when what the officer observes through the officer's senses

reasonably indicates to the officer that a crime was in fact committed or

attempted in the officer's presence by the person arrested.

b. When the person arrested has committed a felony, although not in the officer's

presence.

c. When a felony in fact has been committed, and the officer has reasonable cause

to believe the person arrested to have committed it.

d. On a charge, made upon reasonable cause, of the commission of a felony by the

party arrested.

e. For the public offenses, not classified as felonies and not committed in the

officer's presence as provided for under section 29-06-15.1.

f. On a charge, made upon reasonable cause, of driving or being in actual physical

control of a vehicle in violation of section 39-08-01.

g. For the offense of violating an order prohibiting contact under section

12.1-31.2-02 or a civil protection order under chapter 14-07.7.

h. On a charge, made upon reasonable cause, of being under the influence of

volatile chemical vapors in violation of section 19-03.1-22.1.

i. For the offense of harassing a public safety agency or making a false report to a

public safety agency under subsection 4 of section 12.1-17-07.

2. A federal agent, without a warrant, may arrest a person if all of the following

circumstances exist:

a. The officer is on duty.

b. One or more of the following situations exist:

(1) The person commits an assault or other crime, defined and punishable

under chapter 12.1-17, against the officer or against any other person in the

presence of the officer.

(2) The officer has reasonable cause to believe that a crime, as defined in

paragraph 1, has been committed and reasonable cause to believe that the

person to be arrested has committed it.

(3) The officer has reasonable cause to believe that a felony has been

committed and reasonable cause to believe that the person to be arrested

has committed it.

(4) The officer has received positive information from an authoritative source

that a peace officer holds a warrant for the person's arrest.

3. If a law enforcement officer has reasonable cause to believe an individual has violated

a lawful order of a court of this state which requires the individual to participate in the

twenty-four seven sobriety program authorized in sections 54-12-27 through 54-12-31,

the law enforcement officer may immediately take the individual into custody without a

warrant. An individual taken into custody under this subsection may not be released on

bail or on the individual's personal recognizance unless the individual has made a

personal appearance before a magistrate.
N.D. Cent. Code § 29-07-28 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-28
29-07-28. Appearance by corporation - Hearing - Certificate of magistrate - Procedure
Status: in_force

29-07-28. Appearance by corporation - Hearing - Certificate of magistrate - Procedure

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-07-20 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-20
29-07-20. Accused held to answer
Status: in_force

29-07-20. Accused held to answer

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-15-04 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-04
29-15-04. Duty of clerk
Status: in_force

29-15-04. Duty of clerk

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-01-07 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-07
29-01-07. Only once prosecuted
Status: in_force

29-01-07. Only once prosecuted

No person can be twice put in jeopardy for the same offense, nor can any person be

subjected to a second prosecution for a public offense for which that person has once been

prosecuted and convicted, or acquitted, or put in jeopardy, except as is provided by law for new

trials.
N.D. Cent. Code § 29-28-03 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-03
29-28-03. Appeals are matter of right
Status: in_force

29-28-03. Appeals are matter of right

An appeal to the supreme court provided for in this chapter may be taken as a matter of

right.
N.D. Cent. Code § 29-06-23 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-23
29-06-23. Arrested by private person - Duty - Taken before magistrate
Status: in_force

29-06-23. Arrested by private person - Duty - Taken before magistrate

A private person who has arrested another for the commission of a public offense, without

unnecessary delay, shall take the person before a magistrate or deliver the person to a peace

officer.
N.D. Cent. Code § 29-26-12 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-12
29-26-12. Defendant may show cause against judgment
Status: in_force

29-26-12. Defendant may show cause against judgment

The defendant may show cause against pronouncement of judgment:

1. That the defendant is insane;

2. That the defendant has good cause to offer, either in arrest of judgment or for a new

trial, in which case the court may order the judgment to be deferred, and may proceed

to decide upon the motion in arrest of judgment or for a new trial;

3. That the defendant is not the person against whom the verdict was rendered; or

4. That the defendant has been pardoned of the offense for which judgment is to be

rendered.
N.D. Cent. Code § 29-23-03 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-03
29-23-03. Statement of the case - By whom settled
Status: in_force

29-23-03. Statement of the case - By whom settled

Superseded by N.D.R.App.P., Rules 10, 28.
N.D. Cent. Code § 29-22-14 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-14
29-22-14. Clerk to record verdict - Dissent - Procedure
Status: in_force

29-22-14. Clerk to record verdict - Dissent - Procedure

When the verdict given is such as the court may receive, the clerk immediately shall record

it in full upon the minutes and shall read it to the jurors and inquire of them whether it is their

verdict. If any juror disagrees, the fact must be entered upon the minutes and the jurors again

sent out, but if no disagreement is expressed, the verdict is complete and the jurors must be

discharged from the case.
N.D. Cent. Code § 29-29.3-02 — ND Code / Title 29 / Chapter 29-29.3 / Section 29-29.3-02
29-29.3-02. Prohibition on pen register and trap and trace device use - Exception
Status: in_force

29-29.3-02. Prohibition on pen register and trap and trace device use - Exception

A person may not install or use a pen register or trap and trace device without first obtaining

a court order under this chapter. The prohibition in this section does not apply with respect to

the use of a pen register or a trap and trace device by a provider of electronic or wire

communication service:

1. Relating to the operation, maintenance, and testing of a wire or electronic

communication service or to the protection of the rights or property of such provider, or

to the protection of users of that service from abuse of service or unlawful use of

service;

2. To record the fact that a wire or electronic communication was initiated or completed in

order to protect such provider, another provider furnishing service toward the

completion of the wire communication, or a user of that service, from fraudulent,

unlawful, or abusive use of service; or

3. When the consent of the user of that service has been obtained.
N.D. Cent. Code § 29-02-10 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-10
29-02-10. When accused must be discharged
Status: in_force

29-02-10. When accused must be discharged

If it appears that there is no just reason to fear the commission of an offense alleged to have

been threatened, the person complained of must be discharged.
N.D. Cent. Code § 29-06-16 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-16
29-06-16. Arrest at night - Reasonable cause
Status: repealed

29-06-16. Arrest at night - Reasonable cause

Repealed by S.L. 1971, ch. 314, § 2.
N.D. Cent. Code § 29-05-29 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-29
29-05-29. Form of summons
Status: in_force

29-05-29. Form of summons

Superseded by N.D.R.Crim.P., Rules 4, 58.
N.D. Cent. Code § 29-21-03 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-03
29-21-03. Court to decide questions of law
Status: in_force

29-21-03. Court to decide questions of law

The court shall decide all questions of law which arise in the course of the trial.
N.D. Cent. Code § 29-15-11 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-11
29-15-11. Removal by state - Procedure
Status: in_force

29-15-11. Removal by state - Procedure

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-30.3-12 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-12
29-30.3-12. (3-105) Governor's warrant
Status: in_force

29-30.3-12. (3-105) Governor's warrant

1. If the governor decides to comply with the demand for extradition, the governor shall

issue a warrant for the arrest and extradition of the demanded person. The governor's

warrant must recite the name of the state demanding extradition and the crime

charged or other basis for the demand.

2. The governor may specify the time and manner in which the warrant is executed.

3. At any time before the transfer of custody of the demanded person to the agent of the

demanding state, the governor may recall the warrant or issue another warrant.

4. The warrant must be directed to any law enforcement officer and require compliance

with section 29-30.3-13.

5. The law relating to assistance in the execution of other arrest warrants in this state

applies to the execution of the governor's warrant.
N.D. Cent. Code § 29-15-14 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-14
29-15-14. Affidavit of prejudice to be filed
Status: repealed

29-15-14. Affidavit of prejudice to be filed

Repealed by S.L. 1971, ch. 316, § 2.
N.D. Cent. Code § 29-28-33 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-33
29-28-33. Certificate remitted - District court only has jurisdiction
Status: in_force

29-28-33. Certificate remitted - District court only has jurisdiction

After the certificate of the judgment has been remitted to the court below, the appellate court

has no further jurisdiction of the appeal or of the proceedings therein, and all orders necessary

to carry the judgment into effect must be made by the district court to which the certificate is

remitted.
N.D. Cent. Code § 29-08-04 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-04
29-08-04. When bail must be taken
Status: in_force

29-08-04. When bail must be taken

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-29-18 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-18
29-29-18. Causing issuance of search warrant on false information - Penalty
Status: in_force

29-29-18. Causing issuance of search warrant on false information - Penalty

A person who recklessly and without probable cause causes a search warrant to be issued

and executed is guilty of a class A misdemeanor.
N.D. Cent. Code § 29-19-11 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-11
29-19-11. Continuance when there are several defendants
Status: in_force

29-19-11. Continuance when there are several defendants

When there are several defendants and a continuance is granted on the application of one

or more but not of all defendants, the trial of the other defendants must proceed unless the court

otherwise directs.
N.D. Cent. Code § 29-17-24 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-24
29-17-24. Officers may be examined
Status: in_force

29-17-24. Officers may be examined

Upon the trial of a challenge to a panel, the officers, whether judicial or ministerial, whose

irregularity is complained of, as well as any other persons, may be examined to prove or

disprove the facts alleged as the ground of the challenge.
N.D. Cent. Code § 29-22-05 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-05
29-22-05. Disagreement - Further instructions
Status: in_force

29-22-05. Disagreement - Further instructions

Superseded by N.D.R.Crim.P., Rule 43.
N.D. Cent. Code § 29-05-22 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-22
29-05-22. Giving bail deemed waiver of examination
Status: repealed

29-05-22. Giving bail deemed waiver of examination

Repealed by S.L. 1973, ch. 252, § 1.
N.D. Cent. Code § 29-32.1-02 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-02
29-32.1-02. Exercise of original jurisdiction in habeas corpus
Status: in_force

29-32.1-02. Exercise of original jurisdiction in habeas corpus

A court in which original jurisdiction in habeas corpus is vested may entertain a habeas

corpus proceeding under chapter 32-22 or this chapter. This chapter, to the extent appropriate,

governs the proceeding.
N.D. Cent. Code § 29-30.3-25 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-25
29-30.3-25. (5-105) Payment of transportation and subsistence costs
Status: in_force

29-30.3-25. (5-105) Payment of transportation and subsistence costs

If a person returned to this state is found not to have violated the law that constituted the

basis for the return, the magistrate may order the county or state to pay the person the cost of

transportation and subsistence to:

1. The place of the person's initial arrest; or

2. The person's residence.
N.D. Cent. Code § 29-22-16 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-16
29-22-16. General verdicts - Contents
Status: repealed

29-22-16. General verdicts - Contents

Repealed by S.L. 1981, ch. 91, § 66.
N.D. Cent. Code § 29-03-10 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-10
29-03-10. Venue of burglary, robbery, or theft cases - Property taken from one county to another
Status: in_force

29-03-10. Venue of burglary, robbery, or theft cases - Property taken from one county

to another.

When property taken in one county by burglary, robbery, or theft has been brought into

another county, the venue of the offense is in either county.
N.D. Cent. Code § 29-04-03 — ND Code / Title 29 / Chapter 29-04 / Section 29-04-03
29-04-03. Prosecution for misdemeanor or infraction within two years
Status: in_force

29-04-03. Prosecution for misdemeanor or infraction within two years

A prosecution of a misdemeanor or infraction, except as otherwise provided by law, must be

commenced within two years after its commission. Prosecution of misdemeanor offenses under

chapter 12.1-23 must be commenced within the later of two years of commission of the last act

that is an element of the offense, two years of discovery of the stolen property, or two years of

discovery of the loss of the property or services.
N.D. Cent. Code § 29-26-01 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-01
29-26-01. Judgment after conviction - Time
Status: in_force

29-26-01. Judgment after conviction - Time

Superseded by N.D.R.Crim.P., Rule 32.
N.D. Cent. Code § 29-05-08 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-08
29-05-08. Requisites of warrant - Contents
Status: in_force

29-05-08. Requisites of warrant - Contents

Superseded by N.D.R.Crim.P., Rule 4.
N.D. Cent. Code § 29-26-04 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-04
29-26-04. Defendant's presence - Felony or misdemeanor
Status: in_force

29-26-04. Defendant's presence - Felony or misdemeanor

Superseded by N.D.R.Crim.P., Rule 43.
N.D. Cent. Code § 29-29.3-03 — ND Code / Title 29 / Chapter 29-29.3 / Section 29-29.3-03
29-29.3-03. Application for an order for a pen register or a trap and trace device
Status: in_force

29-29.3-03. Application for an order for a pen register or a trap and trace device

1. The attorney general, an assistant attorney general, a state's attorney, or an assistant

state's attorney may make application, in writing under oath or equivalent affirmation,

for an order or an extension of an order under this chapter authorizing or approving the

installation and use of a pen register or a trap and trace device under this chapter to a

court of competent jurisdiction.

2. An investigative or law enforcement officer may make application, in writing under oath

or equivalent affirmation, for an order or an extension of an order under this chapter

authorizing or approving the installation and use of a pen register or a trap and trace

device under this chapter to a court of competent jurisdiction of this state.

3. An application under subsection 1 or 2 must include:

a. The identity of the attorney general, assistant attorney general, state's attorney, or

assistant state's attorney or the law enforcement or investigative officer making

the application and the identity of the law enforcement agency conducting the

investigation; and

b. A certification by the applicant that the information likely to be obtained is relevant

to an ongoing criminal investigation being conducted by that agency.
N.D. Cent. Code § 29-05-07 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-07
29-05-07. Warrant defined - Form
Status: in_force

29-05-07. Warrant defined - Form

Superseded by N.D.R.Crim.P., Rules 4, 58.
N.D. Cent. Code § 29-12-06 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-06
29-12-06. Court must fix amount of bail
Status: in_force

29-12-06. Court must fix amount of bail

Superseded by N.D.R.Crim.P., Rule 9.
N.D. Cent. Code § 29-29.5-02 — ND Code / Title 29 / Chapter 29-29.5 / Section 29-29.5-02
29-29.5-02. Limitation on use of juvenile confidential informants
Status: in_force

29-29.5-02. Limitation on use of juvenile confidential informants

1. A law enforcement agency may not use a juvenile fifteen years of age or younger as a

confidential informant.

2. A juvenile over the age of fifteen, but under the age of eighteen, may not be used as a

confidential informant unless:

a. The juvenile is married;

b. The juvenile is emancipated;

c. The juvenile is serving in the active duty armed forces; or

d. The juvenile is subject to criminal charges; and

(1) There are no other reasonable avenues to obtain evidence of the crime

being investigated and the risk of harm to the juvenile is minimal;

(2) The juvenile's custodial parent or guardian has signed the informant

agreement; and

(3) The juvenile has consulted with legal counsel.
N.D. Cent. Code § 29-22-38 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-38
29-22-38. Juror counseling following graphic evidence or testimony
Status: in_force

29-22-38. Juror counseling following graphic evidence or testimony

1. The court shall offer, not more than ten hours of post-trial psychological counseling,

without charge, to a juror or alternate juror who served on a trial jury in a trial involving

extraordinarily graphic, gruesome, or emotional evidence or testimony.

2. The counseling offered under subsection 1 applies only to a juror or alternate juror who

served on a trial jury for a trial involving the following offenses:

a. Murder under section 12.1-16-01;

b. Manslaughter under section 12.1-16-02;

c. Negligent homicide under section 12.1-16-03;

d. Felony-level assault or domestic violence under chapter 12.1-17;

e. A sexual offense under chapter 12.1-20 or 12.1-27.2;

f. Abuse or neglect of a child under sections 14-09-22 and 14-09-22.1; and

g. Others as determined by the court.

3. The counseling offered under this section:

a. Must occur not later than one hundred eighty days after the jury is discharged;

b. May be provided by the court system, by a state agency, or by contract; and

c. May be individual or group counseling.
N.D. Cent. Code § 29-07-21 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-21
29-07-21. If offense not bailable defendant committed
Status: in_force

29-07-21. If offense not bailable defendant committed

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-28-34 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-34
29-28-34. Imprisonment, reversal, reimprisonment - Deduction of time already served
Status: repealed

29-28-34. Imprisonment, reversal, reimprisonment - Deduction of time already served

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 29-27-03 — ND Code / Title 29 / Chapter 29-27 / Section 29-27-03
29-27-03. Judgment for imprisonment or as response to nonpayment of fine
Status: in_force

29-27-03. Judgment for imprisonment or as response to nonpayment of fine

If a judgment is for imprisonment, initially or as response to nonpayment of a fine in

accordance with section 12.1-32-05, the defendant forthwith must be committed to the custody

of the proper officer and be detained by that officer until the judgment is complied with.
N.D. Cent. Code § 29-22-02 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-02
29-22-02. Custody of jurors
Status: in_force

29-22-02. Custody of jurors

The jurors shall retire in charge of one or more officers who must be sworn to keep them

together in some private and convenient place until they have rendered their verdict. Such

officer or officers shall furnish food and other necessaries to the jurors, at the expense of the

state, as directed by the court, and may not speak to nor communicate with such jurors or any

of them nor permit any other person so to do except by order of the court. Men and women

jurors may retire, when rest or sleep or propriety requires it, to separate rooms.
N.D. Cent. Code § 29-19-08 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-08
29-19-08. Application for continuance to be in writing - Contents
Status: in_force

29-19-08. Application for continuance to be in writing - Contents

An application for a continuance must be in writing unless otherwise ordered by the court.

Such application must specify the ground or grounds upon which it is based and must be filed

by the state's attorney or counsel for the defendant, as the case may be.
N.D. Cent. Code § 29-15-05 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-05
29-15-05. Disposition of defendant upon removal
Status: in_force

29-15-05. Disposition of defendant upon removal

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-29-04 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-04
29-29-04. Sworn complaint must be made - Depositions of witnesses
Status: in_force

29-29-04. Sworn complaint must be made - Depositions of witnesses

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-15-02 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-02
29-15-02. Petition - Notice - Time to prepare
Status: in_force

29-15-02. Petition - Notice - Time to prepare

Superseded by N.D.R.Crim.P., Rules 21, 22.
N.D. Cent. Code § 29-12-01 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-01
29-12-01. Presence enforced by direction of court
Status: in_force

29-12-01. Presence enforced by direction of court

Superseded by N.D.R.Crim.P., Rule 10.
N.D. Cent. Code § 29-07-18 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-18
29-07-18. Procedure - Accused discharged
Status: in_force

29-07-18. Procedure - Accused discharged

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-17-45 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-45
29-17-45. Order of challenges for cause
Status: in_force

29-17-45. Order of challenges for cause

The challenges of either party for cause need not all be taken at once, but they must be

taken separately, in the following order, including in each challenge all the causes of challenge

belonging to the same class:

1. To the panel;

2. To an individual juror for a general disqualification;

3. To an individual juror for implied bias; and

4. To an individual juror for actual bias.
N.D. Cent. Code § 29-32.1-03 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-03
29-32.1-03. Commencement of proceedings - Filing - Service
Status: in_force

29-32.1-03. Commencement of proceedings - Filing - Service

1. A proceeding is commenced by filing an application with the clerk of the court in which

the conviction and sentence took place. The state must be named as respondent. No

filing fee is required.

2. An application may be filed at any time.

3. If an application is filed before the time for appeal from the judgment of conviction or

sentence has expired, the court, on motion of the applicant, may extend the time for

appeal until a final order has been entered in the proceeding under this chapter.

4. If an application is filed while an appeal or other review is pending, the appellate court,

on motion of either party or on its own motion, may defer further action on the appeal

or other review until the determination of the application by the trial court or may order

the application certified and consolidated with the pending appeal or other review.

5. Upon receipt of an application, the clerk shall forthwith file it, make an entry in the

appropriate docket, and deliver a copy to the state's attorney of the county in which the

criminal action was venued.

6. If the applicant is not represented by counsel, the clerk shall notify the applicant that

assistance of counsel may be available to persons unable to obtain counsel. The clerk

shall also inform the applicant of the procedure for obtaining counsel.

7. The application may be considered by any judge of the court in which the conviction

took place.
N.D. Cent. Code § 29-29.5-07 — ND Code / Title 29 / Chapter 29-29.5 / Section 29-29.5-07
29-29.5-07. Reporting violations of this chapter
Status: in_force

29-29.5-07. Reporting violations of this chapter

1. An individual may report a suspected violation of this chapter to the appropriate law

enforcement agency administration. The law enforcement agency shall investigate any

reported violation within twenty days from receiving the complaint and, within forty-five

days from receiving the complaint, make a written determination on whether a violation

occurred. Upon completion, the law enforcement agency shall forward the written

report to the individual who filed the initial complaint and to the peace officer standards

and training board for review. An individual who filed a report for a suspected violation

may seek additional remedies from the peace officer standards and training board.

2. A licensed peace officer or a prosecutor who reasonably believes a law enforcement

officer or a law enforcement agency has violated this chapter shall file a written report

with the peace officer standards and training board.
N.D. Cent. Code § 29-08-12 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-12
29-08-12. Qualification of bail - Justification
Status: in_force

29-08-12. Qualification of bail - Justification

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-17-38 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-38
29-17-38. How challenge taken - Cause stated
Status: in_force

29-17-38. How challenge taken - Cause stated

In a challenge for implied bias, one or more of the causes stated in section 29-17-36 must

be alleged. In a challenge for actual bias, the cause stated in subsection 2 of section 29-17-35

must be alleged, but no person may be disqualified as a juror by reason of the fact that the

person may have heard from others or read in newspapers or public journals any statement or

statements with regard to the case to be submitted to the jury, if it appears to the satisfaction of

the court that the impression remaining upon the mind of such person from the statements so

communicated to the person will not prevent the person from trying the case fairly and

impartially. The challenge may be oral but must be entered upon the minutes of the court.
N.D. Cent. Code § 29-17-01 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-01
29-17-01. Jurors in criminal actions same as those summoned for civil actions
Status: in_force

29-17-01. Jurors in criminal actions same as those summoned for civil actions

The jurors duly drawn and summoned for the trial of civil actions also are the jurors for the

trial of criminal actions.
N.D. Cent. Code § 29-10.1-36 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-36
29-10.1-36. Persons indicted - How arrested
Status: in_force

29-10.1-36. Persons indicted - How arrested

Whenever an indictment is found and presented against a person, the proceedings

prescribed in chapter 29-12 govern when necessary to secure the person's appearance before

the court.
N.D. Cent. Code § 29-31.1-06 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-06
29-31.1-06. Disposition of forfeited property
Status: in_force

29-31.1-06. Disposition of forfeited property

When property is forfeited under this chapter, the seizing agency may:

1. Retain the property for official use or transfer the custody or ownership of any forfeited

property to any federal, state, or local agency.

2. Sell the forfeited property that is not required to be destroyed by law and which is not

harmful to the public. The proceeds from the sale, together with any monetary funds

ordered to be forfeited, must be used first for the payment of all proper costs and

expenses of the proceedings for forfeiture and sale, including expenses of seizure,

maintenance of custody, advertising, and court costs with any remaining proceeds to

be deposited, subject to section 54-12-14, in the appropriate state, county, or city

general fund.

3. Dispose of the property in accordance with the order of the court if the property cannot

be retained, used, or sold by the seizing agency.