N.D. Cent. Code § 29-25-05 — ND Code / Title 29 / Chapter 29-25 / Section 29-25-05
29-25-05. Effect of allowing a motion in arrest
Status: in_force

29-25-05. Effect of allowing a motion in arrest

The effect of allowing a motion in arrest of judgment is to place the defendant in the same

situation in which the defendant was before the information was filed or the indictment found.
N.D. Cent. Code § 29-12-08 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-08
29-12-08. Warrant served in any county
Status: in_force

29-12-08. Warrant served in any county

Superseded by N.D.R.Crim.P., Rule 9.
N.D. Cent. Code § 29-29.4-06 — ND Code / Title 29 / Chapter 29-29.4 / Section 29-29.4-06
29-29.4-06. Documentation of unmanned aerial vehicle or robot use
Status: in_force

29-29.4-06. Documentation of unmanned aerial vehicle or robot use

1. The person authorized to conduct the surveillance under this chapter shall document

all use of an unmanned aerial vehicle or robot for surveillance. The person shall

document all surveillance flights as to duration, flight path, and mission objectives.

2. The flight information must be verified as accurate and complete by the supervising

person authorized by a court to conduct the surveillance.

3. The flight information required under this section must be retained for five years.

4. Any imaging or any other forms of data lawfully obtained under this chapter which are

not accompanied by a reasonable and articulable suspicion that the images or data

contain evidence of a crime, or are relevant to an ongoing investigation or trial, may

not be retained for more than ninety days.

5. Except for the operational capabilities of the unmanned aerial vehicle system or robot

and other operational information strictly related to the technical conduct and physical

security of the surveillance operation, a person accused of a crime that includes

evidence gathered through the use of an unmanned aerial vehicle system or robot

surveillance may obtain all information relating to the person acquired in the course of

the surveillance through subpoena and discovery proceedings available in criminal

proceedings.

6. A law enforcement agency deploying a robot armed with a lethal weapon shall

document the requirements provided in section 29-29.4-05.

7. Any other person that has an interest in obtaining the documentation required by this

section may obtain that documentation pursuant to chapter 44-04.
N.D. Cent. Code § 29-17-12 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-12
29-17-12. Number of jurors - How sworn
Status: in_force

29-17-12. Number of jurors - How sworn

In all felony cases when a jury is impaneled, a jury must consist of twelve qualified jurors. In

class A misdemeanor cases when a jury is impaneled, a jury must consist of six qualified jurors

unless the defendant makes a timely written demand for a jury of twelve. In all other

misdemeanor cases when a jury is impaneled, a jury must consist of six qualified jurors. Jurors

must be sworn or affirmed well and truly to try and true deliverance make between the state of

North Dakota and the defendant whom they have in charge, and to give a true verdict according

to the evidence. The verdict must be unanimous.
N.D. Cent. Code § 29-03-01.1 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-01.1
29-03-01.1. When persons liable to prosecution in this state
Status: in_force

29-03-01.1. When persons liable to prosecution in this state

Any person who commits one or more of the following acts is liable to prosecution under the

laws of this state:

1. Commission of a robbery or theft outside this state and bringing the stolen property

into this state.

2. Soliciting, while outside this state, criminal action within this state.

3. Soliciting, while outside this state, sexual contact with a person believed to be a minor

who at the time of the solicitation is located in this state.

4. Commission of kidnapping or felonious restraint when the victim is brought into this

state.
N.D. Cent. Code § 29-05-25 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-25
29-05-25. Warrant returnable in county where issued - Telegraphic copy deemed original - Misdemeanor or infraction
Status: in_force

29-05-25. Warrant returnable in county where issued - Telegraphic copy deemed

original - Misdemeanor or infraction.

Every person arrested by warrant for any offense, when no other provision is made for that

person's examination, must be taken before some magistrate of the county in which the warrant

was issued, and the warrant with the proper return thereon, signed by the person who made the

arrest, must be delivered to such magistrate. Any telegraphic copy of a warrant under which an

officer has acted in making an arrest must be deemed the original warrant. If the offense

charged in the warrant is a misdemeanor or infraction within the jurisdiction of a magistrate to try

and upon conviction to punish, a trial must be had as is provided by law.
N.D. Cent. Code § 29-17-47 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-47
29-17-47. Alternate jurors, selection - Procedure
Status: in_force

29-17-47. Alternate jurors, selection - Procedure

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-32.1-09 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-09
29-32.1-09. Summary dismissal
Status: in_force

29-32.1-09. Summary dismissal

1. The court, on its own motion, may enter a judgment denying a meritless application on

any and all issues raised in the application before any response by the state. The court

also may summarily deny a second or successive application for similar relief on

behalf of the same applicant and may summarily deny any application when the issues

raised in the application have previously been decided by the appellate court in the

same case.

2. The court, on its own motion, may dismiss any grounds of an application which allege

ineffective assistance of postconviction counsel. An applicant may not claim

constitutionally ineffective assistance of postconviction counsel in proceedings under

this chapter.
N.D. Cent. Code § 29-03-21 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-21
29-03-21. When mailing of letter is criminal - Venue
Status: in_force

29-03-21. When mailing of letter is criminal - Venue

In those cases in which the sending of a letter is made an offense, the offense is deemed

completed when the letter is deposited in any post office or postal receptacle, or delivered to

any person with intent that it be forwarded. The person sending the letter may be tried in any

county in which the letter is so deposited or delivered, or in the county in which it is received by

the addressee.
N.D. Cent. Code § 29-26-15 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-15
29-26-15. Judgment rendered
Status: in_force

29-26-15. Judgment rendered

Superseded by N.D.R.Crim.P., Rule 32.
N.D. Cent. Code § 29-07-23 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-23
29-07-23. When bail not taken
Status: in_force

29-07-23. When bail not taken

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-22-29 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-29
29-22-29. Judgment if jurors persist - Acquittal
Status: in_force

29-22-29. Judgment if jurors persist - Acquittal

If the jurors persist in finding a verdict such as is described in section 29-22-28 from which it

can be clearly understood that their intention is to find in favor of the defendant upon the issue,

it must be entered in the terms in which it is found, and the court shall give a judgment of

acquittal. No judgment of conviction can be given, however, unless the jurors expressly find

against the defendant upon the issue, or unless judgment is given against the defendant on a

special verdict.
N.D. Cent. Code § 29-10.1-11 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-11
29-10.1-11. Court to appoint foreman and vice foreman
Status: in_force

29-10.1-11. Court to appoint foreman and vice foreman

When the grand jury is completed, the court shall appoint one of the jurors to be foreman

and another to act as foreman in case of the absence of the foreman.
N.D. Cent. Code § 29-05-09 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-09
29-05-09. Direction and execution of warrant
Status: in_force

29-05-09. Direction and execution of warrant

Superseded by N.D.R.Crim.P., Rule 4.
N.D. Cent. Code § 29-03-14 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-14
29-03-14. Conviction or acquittal in another county a bar in another
Status: in_force

29-03-14. Conviction or acquittal in another county a bar in another

When an offense is in the jurisdiction of two or more counties, a conviction or acquittal

thereof in one county is a bar to a prosecution or indictment thereof in another.
N.D. Cent. Code § 29-29-14 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-14
29-29-14. Complaint controverted - Testimony in writing - Authentication
Status: in_force

29-29-14. Complaint controverted - Testimony in writing - Authentication

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-01-30 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-30
29-01-30. To what this title applies
Status: in_force

29-01-30. To what this title applies

Superseded by N.D.R.Crim.P., Rule 1.
N.D. Cent. Code § 29-22-07 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-07
29-22-07. Court open during absence of jury
Status: in_force

29-22-07. Court open during absence of jury

While the jurors are absent, the court may adjourn from time to time as to other business,

but it nevertheless is deemed open for every purpose connected with the cause submitted to

them until a verdict is rendered or the jury is discharged.
N.D. Cent. Code § 29-01-33 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-33
29-01-33. Change of place of criminal proceedings - Jury
Status: in_force

29-01-33. Change of place of criminal proceedings - Jury

Superseded by N.D.R.Crim.P., Rules 18, 21.
N.D. Cent. Code § 29-01-11 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-11
29-01-11. District court always open - Exception - Question of fact - Terms
Status: in_force

29-01-11. District court always open - Exception - Question of fact - Terms

Superseded by N.D.R.Crim.P., Rule 56.
N.D. Cent. Code § 29-17-39 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-39
29-17-39. Exception to the challenge
Status: in_force

29-17-39. Exception to the challenge

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-05-11 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-11
29-05-11. Duty of officer if offense charged is felony
Status: in_force

29-05-11. Duty of officer if offense charged is felony

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-01-02 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-02
29-01-02. Criminal action medium of trial and punishment
Status: in_force

29-01-02. Criminal action medium of trial and punishment

The proceeding by which a party charged with a public offense is accused and brought to

trial and punishment is known as a criminal action.
N.D. Cent. Code § 29-29.2-01 — ND Code / Title 29 / Chapter 29-29.2 / Section 29-29.2-01
29-29.2-01. Definitions
Status: in_force

29-29.2-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Aggrieved person" means a person who was a party to any intercepted wire,

electronic, or oral communication or a person against whom the interception was

directed.

2. "Common carrier" is defined in section 8-07-01.

3. "Contents", when used with respect to any wire, electronic, or oral communication,

includes any information concerning the identity of the parties to the communication or

the existence, substance, purport, or meaning of that communication.

4. "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, but does not include:

a. The radio portion of a cordless telephone communication that is transmitted

between the cordless telephone handset and the base unit;

b. A wire or oral communication;

c. A communication made through a tone-only paging device; or

d. A communication from a tracking device, defined as an electronic or mechanical

device that permits the tracing of the movement of a person or object.

5. "Electronic, mechanical, or other device" means any device or apparatus that can be

used to intercept a wire, electronic, or oral communication, other than:

a. Any telephone or telegraph instrument, equipment, or facility, or any component

thereof, either:

(1) Furnished to the subscriber or user in the ordinary course of its business

and being used by the subscriber or user in the ordinary course of its

business or furnished by a subscriber or user for connection to the facilities

of service and used in the ordinary course of its business; or

(2) Being used by a communications common carrier in the ordinary course of

its business, or by an investigative or law enforcement officer in the ordinary

course of the officer's duties.

b. A hearing aid or similar device being used to correct subnormal hearing to not

better than normal;

c. A device or apparatus specifically designed to only record conversations to which

the operator of the device is a party;

d. A device or apparatus used in the normal course of broadcasting by radio or

television; or

e. A device or apparatus that is otherwise commonly used for a purpose other than

overhearing or recording conversations.

In determining whether a device that is alleged to be an electronic, mechanical, or

other device is, in fact, such a device, there must be taken into account, among other

things, the size, appearance, directivity, range, sensitivity, frequency, power, or

intensity, and the representation of the maker or manufacturer as to its performance

and use.

6. "Intercept" means the aural or other acquisition of the contents of any wire, electronic,

or oral communication through the use of any electronic, mechanical, or other device.

7. "Judge of competent jurisdiction" means justice of the supreme court of this state or

judge of any district court of this state.

8. "Law enforcement officer" means a public servant authorized by law or by a

government agency or branch to enforce the law and to conduct or engage in

investigations or prosecutions for violations of law.

9. "Oral communication" means a communication uttered by a person believing that the

communication is not subject to interception, under circumstances justifying that belief,

but does not include any electronic communication.

10. "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 § 29-17-44 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-44
29-17-44. Order of taking challenges
Status: in_force

29-17-44. Order of taking challenges

All challenges to an individual juror, except peremptory, must be taken, first by the

defendant, and then by the state, and each party shall exhaust all of that party's challenges

before the other begins.
N.D. Cent. Code § 29-01-14 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-14
29-01-14. Who are magistrates
Status: in_force

29-01-14. Who are magistrates

The following officers are magistrates:

1. The judges of the supreme court, with authority to act as such throughout the state.

2. The judges of the district courts, with authority to act as such throughout the judicial

districts for which they respectively are elected.

3. As limited by law directing the place of exercising their jurisdiction and authority,

magistrates appointed by the presiding judge of a judicial district, municipal judges,

and small claims court referees who are licensed to practice law and authorized by the

presiding judge of the judicial district in case of an emergency, each with authority to

act as magistrate throughout the county or the city for which the magistrate is elected

or appointed.
N.D. Cent. Code § 29-06-05.3 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-05.3
29-06-05.3. Peace officers acting outside geographic jurisdiction
Status: in_force

29-06-05.3. Peace officers acting outside geographic jurisdiction

1. As used in this section, "peace officer" means a salaried public servant employed by a

criminal justice agency of the state or a political subdivision to enforce the law or to

conduct or engage in investigations or prosecutions for violations of law.

2. If a peace officer is transporting an individual who is under arrest or is being detained

under chapter 25-03.1, the peace officer's authority extends throughout the entire

state, as follows:

a. After arrest, until the individual is delivered into the custody of the nearest jail,

regional corrections center, or correctional facility as defined by chapter 12-44.1,

including while the individual is being treated for a medical condition or infirmity;

b. While an individual is being detained during pretrial, in any jail, regional

corrections center, or correctional facility and, is being transported for treatment

for a medical condition or other physical or mental infirmity that occurred while the

individual was in custody;

c. While the peace officer is detaining an individual under chapter 25-03.1 and the

individual is being transported to a treatment facility for evaluation or treatment;

d. While the peace officer is detaining or transporting an individual pursuant to an

order issued by the district court; and

e. While the peace officer is transporting an individual convicted under chapter

12.1-32 to a jail, regional corrections center, or correctional facility to serve a term

of confinement as ordered by the district court.
N.D. Cent. Code § 29-26-02 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-02
29-26-02. Time specified for pronouncing judgment
Status: in_force

29-26-02. Time specified for pronouncing judgment

Superseded by N.D.R.Crim.P., Rule 32.
N.D. Cent. Code § 29-17-06 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-06
29-17-06. Ballots laid aside until jurors discharged
Status: repealed

29-17-06. Ballots laid aside until jurors discharged

Repealed by S.L. 2009, ch. 280, § 3.
N.D. Cent. Code § 29-26-22.1 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-22.1
29-26-22.1. Judgment for fine, costs, restitution, or reparation in criminal cases - Docketing and enforcement
Status: in_force

29-26-22.1. Judgment for fine, costs, restitution, or reparation in criminal cases -

Docketing and enforcement.

The court, within ten years of the date of entry of a judgment that imposes a fine, imposes a

requirement that restitution or reparation be paid, or assesses costs against a defendant, may

order the judgment to be docketed by the clerk of court in the judgment docket maintained

pursuant to section 28-20-13 in the same manner in which a civil judgment for money is

docketed. The docketing of the judgment has the same effect as the docketing of a civil

judgment. The docketed judgment may be docketed in any other county in the same manner, it

imposes a lien upon the real property owned by the defendant to the same extent, it is subject to

the same statute of limitations, and it is enforceable by execution in the same manner as

provided for a civil judgment for money. The court may direct a judgment be entered in favor of

a person to whom restitution or reparation is ordered to be paid. That person may enforce the

judgment as a civil judgment.
N.D. Cent. Code § 29-17-30 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-30
29-17-30. Peremptory challenge
Status: in_force

29-17-30. Peremptory challenge

A peremptory challenge can be taken by either party and may be oral. It is an objection to a

juror for which no reason need be given but upon which the court must exclude that juror.
N.D. Cent. Code § 29-26-14 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-14
29-26-14. Procedure when nonidentity or pardon is alleged as cause for not pronouncing sentence
Status: in_force

29-26-14. Procedure when nonidentity or pardon is alleged as cause for not

pronouncing sentence.

When the reason alleged for not pronouncing sentence is that the person brought before

the court to be sentenced is not the person against whom the verdict was rendered, or that the

defendant has been pardoned of the offense charged, the court shall postpone the

pronouncement of judgment, if necessary, for the purpose of hearing evidence relating to the

identity or pardon of such person, and on proof of nonidentity or pardon, as the case may be,

shall discharge such person from custody, unless the person is in custody on some other

charge.
N.D. Cent. Code § 29-08-28 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-28
29-08-28. Bail - Defendant's property
Status: in_force

29-08-28. Bail - Defendant's property

Except as otherwise provided in this section, moneys deposited as bail are the property of

the defendant, whether deposited by the defendant or by a third person on the defendant's

behalf. If bail moneys are deposited by a third person, the person must be notified at the time of

deposit that the moneys may be paid to the defendant upon final disposition of the case or

applied to any fine, cost, or restitution imposed on the defendant. The person may direct,

subject to further order of the judge, that the deposited moneys be released to that person upon

final disposition of the case. When moneys are accepted by the court as bail, the judge shall

order that the moneys received be deposited with the clerk of court. The clerk shall retain the

moneys until the final order of the court disposing of the case. Upon release of the moneys held

by the clerk, the moneys must be paid to the defendant or pursuant to the defendant's written

direction or, unless otherwise ordered by the judge, as directed by a person who deposited

moneys on behalf of the defendant. In the case of a conviction, the judge may order the moneys

to be applied to any fine, cost, or restitution imposed on the defendant. The balance of the

deposit, if any, must be paid to the defendant. Moneys deposited with the court or clerk of court

as bail are exempt from garnishment, attachment, or execution.
N.D. Cent. Code § 29-21-38 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-38
29-21-38. Pleadings not evidence in criminal action
Status: in_force

29-21-38. Pleadings not evidence in criminal action

No pleading can be used in a criminal prosecution against the party as proof of a fact

admitted or alleged in such pleading.
N.D. Cent. Code § 29-32.1-06 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-06
29-32.1-06. Response by answer or motion
Status: in_force

29-32.1-06. Response by answer or motion

1. Within thirty days after the docketing of an application or within any further time the

court may allow, the state shall respond by answer or motion.

2. The state may move to dismiss an application on the ground that it is evident from the

application that the applicant is not entitled to postconviction relief and no purpose

would be served by any further proceedings. In considering the motion, the court shall

take account of substance regardless of defects of form.

3. The following defenses may be raised by answer or motion:

a. The claim has been fully and finally determined in a previous proceeding in

accordance with subsection 1 of section 29-32.1-12; or

b. The application constitutes misuse of process in accordance with subsection 2 of

section 29-32.1-12.
N.D. Cent. Code § 29-28-30.1 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-30.1
29-28-30.1. Verdict affirmed - Must be enforced
Status: in_force

29-28-30.1. Verdict affirmed - Must be enforced

If a verdict against the defendant is affirmed, the original verdict must stand and any court

orders thereon, including suspension and deferred imposition of sentence, must be enforced.
N.D. Cent. Code § 29-08-08 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-08
29-08-08. Admission to bail before conviction
Status: in_force

29-08-08. Admission to bail before conviction

Superseded by N.D.R.Crim.P., Rule 46.