N.D. Cent. Code § 29-08-15 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-15
29-08-15. Bail after deposit of money or bonds
Status: in_force

29-08-15. Bail after deposit of money or bonds

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-29.1-04 — ND Code / Title 29 / Chapter 29-29.1 / Section 29-29.1-04
29-29.1-04. Warrant valid for ten days
Status: in_force

29-29.1-04. Warrant valid for ten days

Any warrant issued under this chapter for a search or inspection is valid for only ten days

after its issuance, must be personally served upon an owner or possessor of the property, or

upon any person present on the premises if an owner or possessor cannot reasonably be found

between the hours of 8:00 a.m. and 8:00 p.m., and must be returned within forty-eight hours of

service except as provided in section 29-29.1-01.1.
N.D. Cent. Code § 29-05-19 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-19
29-05-19. Procedure if offense is misdemeanor
Status: in_force

29-05-19. Procedure if offense is misdemeanor

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-04-01 — ND Code / Title 29 / Chapter 29-04 / Section 29-04-01
29-04-01. Prosecution for murder not limited
Status: in_force

29-04-01. Prosecution for murder not limited

There is no limitation of the time within which a prosecution for murder must be

commenced. It may be commenced at any time after the death of the person killed.
N.D. Cent. Code § 29-07-07 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-07
29-07-07. Adjournment - Three days limit
Status: in_force

29-07-07. Adjournment - Three days limit

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-21-37 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-37
29-21-37. Court may advise jury to acquit
Status: in_force

29-21-37. Court may advise jury to acquit

Superseded by N.D.R.Crim.P., Rule 29.
N.D. Cent. Code § 29-10.1-32 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-32
29-10.1-32. Grand juror cannot be questioned
Status: in_force

29-10.1-32. Grand juror cannot be questioned

A grand juror cannot be questioned for anything the grand juror may say, or any vote the

grand juror may give, in a session of the grand jury, relative to a matter legally pending before

the jurors, except upon a charge against the grand juror for perjury in giving the person's

testimony to the person's fellow jurors.
N.D. Cent. Code § 29-15-19 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-19
29-15-19. Only one change of judges allowable
Status: repealed

29-15-19. Only one change of judges allowable

Repealed by S.L. 1971, ch. 316, § 2.
N.D. Cent. Code § 29-29-19 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-19
29-29-19. Officer exceeding authority guilty of misdemeanor
Status: repealed

29-29-19. Officer exceeding authority guilty of misdemeanor

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 29-06.1-02 — ND Code / Title 29 / Chapter 29-06.1 / Section 29-06.1-02
29-06.1-02. Arrest with or without warrant
Status: in_force

29-06.1-02. Arrest with or without warrant

1. A peace officer may arrest a person subject to a tribal arrest warrant if presented with

the warrant and may arrest a person without a tribal arrest warrant upon probable

cause to believe that the person is the subject of such a warrant. An arrest is

authorized under this subsection only if the arrest warrant is issued for commission of

a crime punishable as a misdemeanor under the applicable tribal ordinance or

resolution.

2. The arrested person may waive the right to appear before a judge and consent to

transfer of custody to the applicable tribal authority by executing a written waiver in the

presence of a peace officer or correctional officer. Before executing a written waiver,

the arrested person must be informed of the name of the tribe that issued the arrest

warrant, the right to assistance of counsel, and the right to appear before a district

judge before transfer of custody to the applicable tribal authority. If a waiver is

executed, the court shall issue an order transferring custody of the arrested person to

the applicable tribal authority or, with the consent of the applicable tribal authority,

authorize the voluntary return of the arrested person to the applicable tribal authority.

3. If the arrested person does not waive appearance before a judge under subsection 2,

the arrested person must be brought without unnecessary delay before the nearest

available district judge.

4. The district judge shall issue an order continuing custody upon presentation of the

tribal arrest warrant or, if the arrest is made without a warrant, upon testimony or

affidavit showing probable cause to believe the person is the subject of such a warrant.
N.D. Cent. Code § 29-10.1-33 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-33
29-10.1-33. When indictment ought to be found
Status: in_force

29-10.1-33. When indictment ought to be found

The grand jurors shall find an indictment charging a person with the commission of an

offense when all the evidence before them, taken together, is such as in their judgment would

warrant a conviction by the trial jury.
N.D. Cent. Code § 29-30.3-16 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-16
29-30.3-16. (4-102) Supporting documentation
Status: in_force

29-30.3-16. (4-102) Supporting documentation

A request for rendition must be accompanied by a certified copy of the arrest warrant and

one of the following:

1. A statement by the issuing authority that the arrest warrant was issued after a

determination of probable cause to believe that a crime has been committed and the

requested person committed the crime, together with a copy of the provisions of law

defining the crime and fixing the penalty therefor.

2. A certified copy of the indictment upon which the arrest warrant is based.

3. A statement by the issuing authority that the warrant was issued after a determination

of probable cause to believe that the requested person has violated any term of bail,

probation, or other judicial order arising out of a criminal proceeding.

4. A certified copy of a judgment of conviction or a sentencing order accompanied by a

statement by the issuing authority that the requested person has escaped from

confinement or violated any term of parole.
N.D. Cent. Code § 29-01-10 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-10
29-01-10. Where district courts held
Status: in_force

29-01-10. Where district courts held

Each district court may be held, for the trial of a criminal action, in an organized county.
N.D. Cent. Code § 29-07-08 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-08
29-07-08. Disposition of accused on adjournment
Status: in_force

29-07-08. Disposition of accused on adjournment

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-22-32 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-32
29-22-32. Argument of special verdict
Status: in_force

29-22-32. Argument of special verdict

A special verdict may be brought to argument by either party, upon two days' notice to the

other, at the same or another term of the court.
N.D. Cent. Code § 29-28-15 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-15
29-28-15. Execution suspended during pendency of appeal
Status: in_force

29-28-15. Execution suspended during pendency of appeal

Superseded by N.D.R.Crim.P., Rule 38.
N.D. Cent. Code § 29-07-03 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-03
29-07-03. Examination of witnesses
Status: in_force

29-07-03. Examination of witnesses

If the accused waives preliminary examination, the state's attorney may cause the testimony

of any witness or witnesses to be taken in writing as is provided by law, with the same force and

effect as if such examination had not been waived. Such testimony must be returned by the

magistrate to the district court of the magistrate's county as in other cases.
N.D. Cent. Code § 29-06-26 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-26
29-06-26. Who may break door to liberate self
Status: in_force

29-06-26. Who may break door to liberate self

Any person who has lawfully entered a house for the purpose of making an arrest, or who

while therein makes an arrest, may break open the door or window thereof, if detained therein,

when necessary to exit the house, and an officer may do the same when necessary for the

purpose of liberating a person who, acting in the officer's aid, lawfully enters for the purpose of

making an arrest and is detained therein.
N.D. Cent. Code § 29-06-15.1 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-15.1
29-06-15.1. Arrest of nonresident traffic violator
Status: in_force

29-06-15.1. Arrest of nonresident traffic violator

A police officer at the scene of a traffic accident may arrest without a warrant any driver of a

vehicle who is a nonresident of this state and who is involved in the accident when based upon

personal investigation, the officer has reasonable and probable grounds to believe that the

person has committed any offense under the provisions of title 39 in connection with the

accident, and if the officer has reasonable and probable grounds to believe the person will

disregard a written promise to appear in court.

Whenever any person is arrested under the provisions of this section, the person must be

taken without unnecessary delay before the proper magistrate.
N.D. Cent. Code § 29-07-06 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-06
29-07-06. Change of place of hearing - Procedure
Status: in_force

29-07-06. Change of place of hearing - Procedure

Whenever a person accused of a public offense is brought before a municipal judge for

examination, and, at any time before the examination is commenced, the person files with the

municipal judge an affidavit stating that by reason of the bias or prejudice of the municipal judge

the person believes a fair or impartial examination cannot be had before the municipal judge,

the municipal judge shall transfer the action, and all the papers therein, including a certified

copy of the municipal judge's docket entries, to a district judge serving the county. The state's

attorney, or assistant state's attorney, in the same manner and for the same reasons as the

defendant, may obtain a transfer of the action from the municipal judge before whom the action

was commenced, or from the district judge to whom it has been transferred on the application of

the state, in which event it must be transferred to another district judge designated by the

presiding judge of the judicial district. The place of examination cannot be changed more than

once by each party under this section.
N.D. Cent. Code § 29-01-12 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-12
29-01-12. Decision of district court reviewable
Status: in_force

29-01-12. Decision of district court reviewable

The final decision of the district court in a criminal action is reviewable and determinable by

the supreme court according to law on an appeal bringing up for review the record and

proceedings therein.
N.D. Cent. Code § 29-27-04 — ND Code / Title 29 / Chapter 29-27 / Section 29-27-04
29-27-04. Judgment - By what officer executed
Status: in_force

29-27-04. Judgment - By what officer executed

When the judgment in a criminal action or proceeding under section 12.1-32-05 is

imprisonment in the county jail, the judgment must be executed by the sheriff of the county. In all

other cases when the sentence is imprisonment, the sheriff of the county shall deliver the

defendant to the proper officer in execution of the judgment.
N.D. Cent. Code § 29-01-21 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-21
29-01-21. Magistrate to give order for delivery
Status: in_force

29-01-21. Magistrate to give order for delivery

On satisfactory proof of the title of the owner of the property, the magistrate before whom

the complaint is laid, or who examines the charge against the person accused of stealing or

embezzling the property, may order it to be delivered to the owner on the owner's paying the

reasonable and necessary expenses incurred in its preservation, to be certified by the

magistrate. The order entitles the owner to demand and receive the property.
N.D. Cent. Code § 29-34-05 — ND Code / Title 29 / Chapter 29-34 / Section 29-34-05
29-34-05. Escape from custody
Status: in_force

29-34-05. Escape from custody

Escape or attempt to escape from custody, whether within or without this state, while in the

temporary custody of an authority of another state acting pursuant to the agreement on

detainers constitutes an offense against the laws of this state. Such escape or attempt to

escape constitutes an offense to the same extent and degree as an escape from the institution

in which the prisoner was confined immediately prior to having been released to temporary

custody, and is punishable in the same manner as an escape or attempt to escape from said

institution.
N.D. Cent. Code § 29-10.1-07 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-07
29-10.1-07. Challenge allowed or disallowed - Entry by clerk
Status: in_force

29-10.1-07. Challenge allowed or disallowed - Entry by clerk

The court shall allow or disallow a challenge to the panel of a grand jury or to an individual

grand juror, and the clerk shall enter its decision upon the minutes.
N.D. Cent. Code § 29-05-30 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-30
29-05-30. Service of summons against corporation
Status: in_force

29-05-30. Service of summons against corporation

Superseded by N.D.R.Crim.P., Rule 4.
N.D. Cent. Code § 29-32.1-11 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-11
29-32.1-11. Findings of fact - Conclusions of law - Order
Status: in_force

29-32.1-11. Findings of fact - Conclusions of law - Order

1. The court shall make explicit findings on material questions of fact and state expressly

its conclusions of law relating to each issue presented.

2. If the court rules that the applicant is not entitled to relief, its order must indicate

whether the decision is based upon the pleadings, is by summary disposition, or is the

result of an evidentiary hearing.

3. If the court finds in favor of the applicant, it shall enter an appropriate order with

respect to the conviction or sentence in the previous proceedings, and any

supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction

of sentence, or other matters that may be necessary and proper.
N.D. Cent. Code § 29-17-20 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-20
29-17-20. Challenge to panel before challenge to individual juror
Status: in_force

29-17-20. Challenge to panel before challenge to individual juror

A challenge to a jury panel must be taken before a juror is sworn and must be in writing

specifying plainly and distinctly the facts constituting the ground of challenge.
N.D. Cent. Code § 29-07-14 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-14
29-07-14. Persons not excluded
Status: in_force

29-07-14. Persons not excluded

The magistrate holding a preliminary hearing, upon the request of the defendant, may

exclude from the examination every person except the magistrate's clerk, the prosecutor and

the prosecutor's counsel, the attorney general of the state, the state's attorney of the county, the

defendant and the defendant's counsel, and such other person as the defendant may designate,

and the officer having the defendant in custody, but such exclusion, and the extent thereof, is

within the discretion of the court.
N.D. Cent. Code § 29-05-24 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-24
29-05-24. Duty of officer transmitting warrant
Status: in_force

29-05-24. Duty of officer transmitting warrant

Every officer causing telegraphic copies of a warrant to be sent shall certify as correct, and

file in the telegraph office from which such copies are sent, a copy of the warrant and the

endorsement thereon, and shall return the original with a statement of the officer's action

thereunder signed by the officer.
N.D. Cent. Code § 29-01-20 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-20
29-01-20. Stolen property to be held by peace officer
Status: in_force

29-01-20. Stolen property to be held by peace officer

1. Except as provided in subsection 2, whenever property alleged to have been stolen or

embezzled comes into the custody of a peace officer, the peace officer shall hold it

subject to the order of the magistrate authorized by section 29-01-21 to direct the

disposal thereof.

2. Subsection 1 does not apply to:

a. Consumer goods, as defined in section 41-09-02; and

b. Goods covered by a certificate of title if proof of certificate of title is presented to

the peace officer.
N.D. Cent. Code § 29-21-29 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-29
29-21-29. Counsel's argument restricted
Status: in_force

29-21-29. Counsel's argument restricted

The court, in its discretion, may restrict the argument to the jury in a criminal case to one

counsel for the prosecution and one for each defendant.
N.D. Cent. Code § 29-19-06 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-06
29-19-06. Application for continuance on ground of absent witness
Status: in_force

29-19-06. Application for continuance on ground of absent witness

An application for a continuance on the ground that a witness is absent must show:

1. That the applicant has used due diligence to prepare for the trial;

2. The nature of the diligence used;

3. The name and residence of the absent witness;

4. What the applicant expects or believes such witness would testify were that witness

present and orally examined in court;

5. That the testimony of the witness is material;

6. The nature of any document wanted and where the same may be found;

7. That the same facts cannot be satisfactorily shown by other evidence; and

8. That the witness is not absent through the connivance or counsel of the applicant.
N.D. Cent. Code § 29-21-21 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-21
29-21-21. Admission to bail
Status: in_force

29-21-21. Admission to bail

If an offense which the court is without jurisdiction to try was committed within the

jurisdiction of another county of this state, the court may direct the defendant to be committed

for such time as it deems reasonable to await a warrant from the proper county for the

defendant's arrest, or if the offense is a misdemeanor or an infraction, it may admit the

defendant to bail in an undertaking, with sufficient sureties, that the defendant, within such time

as the court may appoint, will submit to a warrant for the defendant's arrest from the proper

county, and if not sooner arrested thereon, will attend at the office of the sheriff of the county

where the trial was had, at a time particularly specified in the undertaking, to submit to the

warrant if issued, or that the defendant's bail will forfeit such sum as the court may fix, and to be

mentioned in the undertaking.
N.D. Cent. Code § 29-10.1-31 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-31
29-10.1-31. When juror may disclose testimony upon order of the court
Status: in_force

29-10.1-31. When juror may disclose testimony upon order of the court

A member of a grand jury or its reporter or interpreter may be required by any court to

disclose the testimony of a witness examined before the grand jury for the purpose of

impeachment of the witness before the court, or to disclose the testimony given before them by

any person, upon a charge against the person for perjury in giving the person's testimony, or

upon the person's trial in a criminal prosecution.
N.D. Cent. Code § 29-01-26 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-26
29-01-26. Duty of clerk or magistrate
Status: in_force

29-01-26. Duty of clerk or magistrate

The clerk, magistrate, or other person to whom property is delivered, as provided in section

29-01-25, shall record every amount of money and a description of every article of property

taken from each person arrested, attach a number to every amount of money and every article

of property, and make a corresponding entry thereof. Sufficient compliance with this section is

met if the entries are made in the docket of the magistrate after the receipt and property are

delivered to a magistrate, as provided in section 29-01-25.
N.D. Cent. Code § 29-29-11 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-11
29-29-11. Search warrant void if not executed in ten days
Status: in_force

29-29-11. Search warrant void if not executed in ten days

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-30.3-18 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-18
29-30.3-18. (4-104) Issuance of arrest warrant or process
Status: in_force

29-30.3-18. (4-104) Issuance of arrest warrant or process

Upon receipt of a request under section 29-30.3-17, the prosecuting official shall apply to a

magistrate for the issuance of an arrest warrant, or other process, to obtain the appearance of

the requested person. If the magistrate finds that the provisions of sections 29-30.3-15 and

29-30.3-16 have been complied with, the magistrate shall issue the warrant or other process.

The warrant must require that the person be brought forthwith before the magistrate. Other

process to obtain the appearance of a person must require the appearance before a magistrate.
N.D. Cent. Code § 29-29.4-04 — ND Code / Title 29 / Chapter 29-29.4 / Section 29-29.4-04
29-29.4-04. Exceptions
Status: in_force

29-29.4-04. Exceptions

This chapter does not prohibit any use of an unmanned aerial vehicle or robot for

surveillance during the course of:

1. Patrol of national borders. The use of an unmanned aerial vehicle or robot to patrol

within twenty-five miles [40.23 kilometers] of a national border, for purposes of policing

that border to prevent or deter the illegal entry of any individual, illegal substance, or

contraband.

2. Exigent circumstances. The use of an unmanned aerial vehicle or robot by a law

enforcement agency is permitted when exigent circumstances exist. For the purposes

of this subsection, exigent circumstances exist when a law enforcement agency

possesses reasonable suspicion that absent swift preventative action, there is an

imminent danger to life or bodily harm.

3. An environmental or weather-related catastrophe. The use of an unmanned aerial

vehicle or robot by state or local authorities to preserve public safety, protect property,

survey environmental damage to determine if a state of emergency should be

declared, or conduct surveillance for the assessment and evaluation of environmental

or weather-related damage, erosion, flood, or contamination.

4. Research, education, training, testing, or development efforts undertaken by or in

conjunction with a school or institution of higher education within the state and its

political subdivisions, nor to public and private collaborators engaged in mutually

supported efforts involving research, education, training, testing, or development

related to unmanned aerial vehicle systems, unmanned aerial vehicle system

technologies, or robot and potential applications.
N.D. Cent. Code § 29-28-09 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-09
29-28-09. Manner of taking appeal - Notice
Status: in_force

29-28-09. Manner of taking appeal - Notice

Superseded by N.D.R.Crim.P., Rules 37, 38.
N.D. Cent. Code § 29-26-24 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-24
29-26-24. Provisions governing suspension of sentence, probation, and parole not affected by this chapter
Status: in_force

29-26-24. Provisions governing suspension of sentence, probation, and parole not

affected by this chapter.

Nothing in this chapter may be construed as affecting any statute governing suspension of

sentence, suspension of imposition of sentence, probation, or parole.
N.D. Cent. Code § 29-22-25 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-25
29-22-25. Several defendants - Part convicted
Status: in_force

29-22-25. Several defendants - Part convicted

Superseded by N.D.R.Crim.P., Rule 31.
N.D. Cent. Code § 29-02-22 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-22
29-02-22. Costs to be taxed
Status: in_force

29-02-22. Costs to be taxed

In all cases in which security is furnished under the provisions of this chapter to keep the

peace, the court, in addition to the orders mentioned in this chapter, shall tax the costs against

the complainant or defendant, or both, as justice may require, and shall enter judgment therefor.

Such judgment may be enforced as a judgment for costs in a criminal case, and execution may

issue therefor.
N.D. Cent. Code § 29-30.3-04 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-04
29-30.3-04. (2-101) Arrest without warrant
Status: in_force

29-30.3-04. (2-101) Arrest without warrant

1. A peace officer may arrest a person without an arrest warrant upon probable cause to

believe that the person is the subject of another state's arrest warrant issued for:

a. Commission of a crime punishable by death or imprisonment for a term

exceeding one year;

b. Escape from confinement; or

c. Violation of any term of bail, probation, parole, or an order arising out of a criminal

proceeding.

2. The arrested person must be brought before the nearest available magistrate.

3. The magistrate shall issue an order to continue custody or other process to assure the

appearance of the person, if testimony or affidavit shows probable cause to believe the

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

a. The commission of a crime punishable by death or imprisonment for a term

exceeding one year;

b. Escape from confinement; or

c. Violation of any term of bail, probation, parole, or an order arising out of a criminal

proceeding.
N.D. Cent. Code § 29-17-37 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-37
29-17-37. Exemption is not cause
Status: in_force

29-17-37. Exemption is not cause

An exemption from service on a jury is not a cause of challenge but the privilege of the

person exempted.
N.D. Cent. Code § 29-04-03.1 — ND Code / Title 29 / Chapter 29-04 / Section 29-04-03.1
29-04-03.1. Prosecution for sexual abuse of minors
Status: in_force

29-04-03.1. Prosecution for sexual abuse of minors

1. Except as provided in subsection 2, a prosecution for a violation of sections

12.1-20-03 through 12.1-20-08 or of section 12.1-20-11 if the victim was under

eighteen years of age at the time the offense was committed must be commenced in

the proper court within twenty-one years after the commission of the offense or, if the

victim failed to report the offense within this limitation period, within three years after

the offense was reported to law enforcement authorities.

2. If, based upon evidence containing deoxyribonucleic acid or a fingerprint obtained at

the time of offense, a suspect is conclusively identified by deoxyribonucleic acid testing

after the time period prescribed in subsection 1 has expired, a prosecution may be

commenced within three years after the suspect is conclusively identified by the

deoxyribonucleic acid testing or fingerprint authentication.
N.D. Cent. Code § 29-06-24 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-24
29-06-24. Offensive weapons taken - Delivery to magistrate
Status: in_force

29-06-24. Offensive weapons taken - Delivery to magistrate

Any person making a lawful arrest shall take from the person arrested all offensive weapons

which the person arrested may have and shall deliver them to the magistrate before whom the

person arrested is taken.
N.D. Cent. Code § 29-19-09 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-09
29-19-09. Hearing of application and action thereon
Status: in_force

29-19-09. Hearing of application and action thereon

The party applying for a continuance may file affidavits in support of that application and

counter affidavits may be received or denied as the court may direct.
N.D. Cent. Code § 29-01-23 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-23
29-01-23. Court may order delivery of stolen property
Status: in_force

29-01-23. Court may order delivery of stolen property

If property stolen or embezzled has not been delivered to the owner, the court before which

a trial is had for stealing or embezzling it, on proof of the owner's title, may order it to be

restored to the owner.
N.D. Cent. Code § 29-06-13.1 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-13.1
29-06-13.1. Resisting peace officer
Status: repealed

29-06-13.1. Resisting peace officer

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 29-15-06 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-06
29-15-06. Court may require bail
Status: in_force

29-15-06. Court may require bail

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-10.1-09 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-09
29-10.1-09. Jury discharged if challenge to panel allowed
Status: in_force

29-10.1-09. Jury discharged if challenge to panel allowed

If a challenge to the panel is allowed, the grand jury must be discharged in which event the

judge may order another grand jury to be summoned and convened.
N.D. Cent. Code § 29-21-23 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-23
29-21-23. When accused discharged
Status: in_force

29-21-23. When accused discharged

If a defendant is not arrested on a warrant from the proper county:

1. The defendant must be discharged from custody;

2. The defendant's bail in the action must be exonerated; or

3. Money deposited instead of bail must be refunded,

as the case may be, and the sureties in the undertaking, as mentioned in section 29-21-21,

must be discharged.
N.D. Cent. Code § 29-21-28 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-28
29-21-28. Court must admonish jury
Status: in_force

29-21-28. Court must admonish jury

The jurors also, at each adjournment of the court, whether permitted to separate or required

to be kept in charge of officers, must be admonished by the court that it is their duty not to

converse among themselves nor with anyone else on any subject connected with the trial, nor to

form or express any opinion thereon, until the case is finally submitted to them.
N.D. Cent. Code § 29-01-06.1 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-06.1
29-01-06.1. Rights of defendant - Exception
Status: in_force

29-01-06.1. Rights of defendant - Exception

When the defendant is charged with a crime under a multiple count indictment or

information as allowed by the North Dakota Rules of Criminal Procedure, the defendant may be

tried on all counts in any one of the counties in which one of the offenses was committed.
N.D. Cent. Code § 29-08-02 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-02
29-08-02. Admission to bail defined - Delegation of authority by magistrate
Status: in_force

29-08-02. Admission to bail defined - Delegation of authority by magistrate

Admission to bail is the order of a competent court or magistrate that the defendant be

discharged from actual custody upon an undertaking with sufficient sureties for the defendant's

appearance. Any magistrate or municipal judge in this state may designate, authorize, and

appoint an additional person or persons to arrange, receive, and approve bail in cases involving

traffic violations.
N.D. Cent. Code § 29-21-33 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-33
29-21-33. Charge - Exceptions before given
Status: in_force

29-21-33. Charge - Exceptions before given

Superseded by N.D.R.Crim.P., Rules 30, 51.
N.D. Cent. Code § 29-31.1-03 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-03
29-31.1-03. Seizure of forfeitable property
Status: in_force

29-31.1-03. Seizure of forfeitable property

Forfeitable property may be seized whenever and wherever the property is found within this

state. Forfeitable property may be seized by taking custody of the property or by serving upon

the person in possession of the property a notice of forfeiture and seizure. If the court finds that

the forfeiture is warranted, an order transferring ownership to the seizing agency must be

entered and the property must be delivered to the seizing agency for disposition as directed by

the court. Property that has been seized for forfeiture, and is not already secured as evidence in

a criminal case, must be safely secured or stored by the agency that caused its seizure.
N.D. Cent. Code § 29-10.1-21 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-21
29-10.1-21. General duties of grand jury
Status: in_force

29-10.1-21. General duties of grand jury

Each grand jury impaneled within any county shall inquire into offenses against the criminal

laws of the state alleged to have been committed within that county. The alleged offenses may

be brought to the attention of the grand jury by the court or by any state's attorney or the state's

attorney's designee. The state's attorney or the state's attorney's designee shall inform the

grand jury of the alleged offense, the identity of the alleged offender, and the state's attorney or

state's attorney's designee's action or recommendation. As to any offense committed while the

grand jury is in session, the state's attorney or prosecutor may proceed with a preliminary

examination or the filing of an information, as provided for by law, and prosecute the charge,

and, under such conditions, the grand jury is not required to inquire into such offense. The

presentment of an indictment against a person does not preclude the prosecution of such

person for the same offense upon a criminal complaint or information previously filed with the

court.
N.D. Cent. Code § 29-06-22 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-22
29-06-22. When a private person may break into a building
Status: in_force

29-06-22. When a private person may break into a building

A private person, in order to make an arrest when a felony was committed in the arresting

person's presence, as authorized in section 29-06-20, if the person is refused admittance after

the person has announced the person's purpose and the person reasonably believes an

individual inside is at imminent risk of serious bodily injury or death, may break open a door or

window of any building in which the person to be arrested is, or is reasonably believed to be.
N.D. Cent. Code § 29-17-33 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-33
29-17-33. Challenges for cause defined and classified
Status: in_force

29-17-33. Challenges for cause defined and classified

A challenge for cause is an objection to a particular juror and is either:

1. General, that the juror is disqualified from serving in any case or trial; or

2. Particular, that the juror is disqualified from serving in the case on trial.
N.D. Cent. Code § 29-10.2-04 — ND Code / Title 29 / Chapter 29-10.2 / Section 29-10.2-04
29-10.2-04. Summoning jurors - Presentation of evidence - Return of indictments
Status: in_force

29-10.2-04. Summoning jurors - Presentation of evidence - Return of indictments

1. State grand jurors must be summoned in the same manner and must be governed by

the same provisions as jurors of county grand juries. Judicial supervision of the state

grand jury must be maintained by the judge who granted the order impaneling the

state grand jury in the same manner as with county grand juries. All indictments or

other formal returns of any kind made by the state grand jury must be returned to that

judge. An indictment may be found only upon the concurrence of at least six jurors.

2. The presentation of the evidence must be made to a state grand jury by the attorney

general, an assistant attorney general, or special counsel appointed by the attorney

general.

3. Any indictment by a state grand jury must be returned to the supervising judge without

any designation of venue. Thereupon the judge shall designate the county of venue for

the purposes of trial.
N.D. Cent. Code § 29-29.5-08 — ND Code / Title 29 / Chapter 29-29.5 / Section 29-29.5-08
29-29.5-08. Disposition of cases involving confidential informants
Status: in_force

29-29.5-08. Disposition of cases involving confidential informants

1. An informant agreement may be presented to the court at the time of sentencing. A

court shall give consideration at sentencing to a confidential informant who has

substantially complied with an informant agreement.

2. After consideration of an informant agreement, a court may defer imposition of

sentence or suspend a portion of a minimum mandatory sentence when a confidential

informant has substantially complied with an informant agreement.

3. If necessary to protect a confidential informant or the integrity of an ongoing

investigation, a court may direct submission of sentencing memoranda in writing under

seal when sentencing or deferring imposition of sentence of a confidential informant.

4. If necessary to protect a confidential informant or the integrity of an investigation, a

court may dispense with reporting departure from a mandatory sentence under

subsection 3 of section 12.1-32-03.

5. This section does not prohibit disposition of cases by deferral of prosecution with or

without court approval.
N.D. Cent. Code § 29-30.3-20 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-20
29-30.3-20. (4-106) Judicial rendition hearing
Status: in_force

29-30.3-20. (4-106) Judicial rendition hearing

1. If the magistrate after hearing finds that sections 29-30.3-15 and

29-30.3-16 have been complied with, 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 arrested person is not the requested 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 requesting state has not taken

custody within the time specified in the order to transfer custody, the requested 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 § 29-30.3-02 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-02
29-30.3-02. (1-102) Conditions of release
Status: in_force

29-30.3-02. (1-102) Conditions of release

The law of pretrial release of this state governs release of a person pursuant to sections

29-30.3-06, 29-30.3-13, 29-30.3-19, and 29-30.3-21.
N.D. Cent. Code § 29-04-02 — ND Code / Title 29 / Chapter 29-04 / Section 29-04-02
29-04-02. Prosecution for felony other than murder within three years
Status: in_force

29-04-02. Prosecution for felony other than murder within three years

Except as otherwise provided by law, a prosecution for any felony other than murder must

be commenced within three years after its commission. Prosecution of felony offenses under

chapter 12.1-23 or 50-24.8 must be commenced within the later of three years of commission of

the last act that is an element of the offense, three years of discovery of the stolen property, or

three years of discovery of the loss of the property or services. Nothing in this section prevents

a person prosecuted for murder from being found guilty of any included offense and punished

accordingly.
N.D. Cent. Code § 29-23-09 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-09
29-23-09. Time may be extended
Status: in_force

29-23-09. Time may be extended

Superseded by N.D.R.App.P., Rules 10, 28.
N.D. Cent. Code § 29-31.1-04 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-04
29-31.1-04. Forfeiture proceedings
Status: in_force

29-31.1-04. Forfeiture proceedings

1. Forfeiture is a civil proceeding not dependent upon a prosecution for, or conviction of,

a criminal offense and forfeiture proceedings are separate and distinct from any

related criminal action.

2. Forfeiture proceedings brought under this chapter must be conducted in accordance

with the procedures established for the forfeiture of property in sections 19-03.1-36.1

through 19-03.1-36.7.
N.D. Cent. Code § 29-10.2-06 — ND Code / Title 29 / Chapter 29-10.2 / Section 29-10.2-06
29-10.2-06. Juror fees and expenses
Status: in_force

29-10.2-06. Juror fees and expenses

1. State grand jurors, in addition to receiving the juror fee provided by law for petit jurors,

must be reimbursed for necessary expenses on a per diem basis in the same manner

and at the same rate as state employees.

2. The costs and expenses incurred in impaneling a state grand jury and in the

performance of its functions and duties must be paid by the state out of funds

appropriated to the attorney general.
N.D. Cent. Code § 29-34-06 — ND Code / Title 29 / Chapter 29-34 / Section 29-34-06
29-34-06. Lawful and mandatory to give over inmates
Status: in_force

29-34-06. Lawful and mandatory to give over inmates

It is lawful and mandatory upon the warden or other official in charge of a penal or

correctional institution in this state to give over the person of any inmate thereof whenever so

required by the operation of the agreement on detainers.
N.D. Cent. Code § 29-07-31 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-31
29-07-31. Effect of failure by corporation to answer summons
Status: in_force

29-07-31. Effect of failure by corporation to answer summons

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-28-35 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-35
29-28-35. Appeal by state - Power of supreme court
Status: in_force

29-28-35. Appeal by state - Power of supreme court

If the appeal is taken by the state, the supreme court cannot reverse the judgment or modify

it so as to increase the punishment, but may affirm it, and shall point out any errors in the

proceedings or in the measure of punishment, and its opinion is obligatory on the district court

as the correct exposition of the law.
N.D. Cent. Code § 29-29-08 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-08
29-29-08. Execution of warrant - Use of force
Status: in_force

29-29-08. Execution of warrant - Use of force

An officer directed to serve a search warrant may break open an outer or inner door or

window of a house, or any part of the house, or anything therein, to execute the warrant:

1. If, after notice of the officer's authority and purpose, the officer is refused admittance;

or

2. Without notice of the officer's authority and purpose if the warrant was issued by a

magistrate who is learned in the law and who has inserted a direction therein that the

officer executing it shall not be required to give such notice.

The magistrate may so direct only upon written or recorded oral petition and proof under oath, to

the magistrate's satisfaction, that the property sought may be easily and quickly destroyed or

disposed of, or that danger to the life or limb of the officer or another may result, if such notice

were to be given.
N.D. Cent. Code § 29-29-17 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-17
29-29-17. Disposal of property taken on a warrant
Status: in_force

29-29-17. Disposal of property taken on a warrant

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-28-01 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-01
29-28-01. Review proceedings by appeal - Writ of error abolished
Status: in_force

29-28-01. Review proceedings by appeal - Writ of error abolished

Superseded by N.D.R.App.P., Rule 1.
N.D. Cent. Code § 29-10.1-26 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-26
29-10.1-26. Reception of evidence
Status: in_force

29-10.1-26. Reception of evidence

1. Subject to subsection 2, the grand jury shall receive only evidence which is:

a. Given by witnesses produced and sworn before the grand jury;

b. Furnished by writings, material objects, or other things perceivable through the

senses; or

c. Contained in a deposition or transcript that is admissible under the North Dakota

Rules of Criminal Procedure.

2. The grand jury shall receive only evidence that would be admissible over objection at

the trial of a criminal action, but the fact the evidence inadmissible at the trial was

received by the grand jury does not render the indictment void if sufficient competent

evidence to support the indictment was received by the grand jury.
N.D. Cent. Code § 29-06-20 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-20
29-06-20. When private person may arrest
Status: in_force

29-06-20. When private person may arrest

A private person may arrest another:

1. For a public offense committed or attempted in the arresting person's presence.

2. When the person arrested has committed a felony, although not in the arresting

person's presence.

3. When a felony has been in fact committed, and the arresting person has reasonable

grounds to believe the person arrested to have committed it.
N.D. Cent. Code § 29-10.1-04 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-04
29-10.1-04. Petition for grand jury - Petitioners - Number - Session
Status: in_force

29-10.1-04. Petition for grand jury - Petitioners - Number - Session

The petition for a grand jury prescribed by section 29-10.1-02 must be verified on

information and belief by at least three of the petitioners. The formation of a grand jury under

this chapter may not be invalidated should it appear or be proven after the grand jury has been

summoned that any of the petitioners were not qualified electors or that the petition was not

signed by the required number of qualified electors. No grand jury may remain in session in

excess of ten calendar days, unless the judge by written order filed with the clerk of the court

extends the session as may be necessary. Unless extended, the grand jury must be discharged

at the close of the tenth day of its session. Saturdays, legal holidays, and days in recess must

be excluded in computing the duration of the initial or extended session.
N.D. Cent. Code § 29-23-10 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-10
29-23-10. Title construed
Status: in_force

29-23-10. Title construed

Nothing in this title contained is to be construed so as to deprive either party of the right to

take advantage of any action or decision of the court in a criminal action or proceeding which

affects any other material or substantial right of either party, whether before or after the trial, or

on such trial.
N.D. Cent. Code § 29-07-09 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-09
29-07-09. Commitment for examination
Status: in_force

29-07-09. Commitment for examination

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-33-04 — ND Code / Title 29 / Chapter 29-33 / Section 29-33-04
29-33-04. Request voided by escape
Status: in_force

29-33-04. Request voided by escape

Escape from custody by any prisoner subsequent to the prisoner's execution of a request

for final disposition of an untried indictment, information, or complaint voids the request.
N.D. Cent. Code § 29-29.1-01 — ND Code / Title 29 / Chapter 29-29.1 / Section 29-29.1-01
29-29.1-01. Warrants to conduct inspections authorized by law
Status: in_force

29-29.1-01. Warrants to conduct inspections authorized by law

1. Notwithstanding the provisions of chapter 29-29, any official or employee of the state

or of a unit of county or local government of North Dakota may, under the conditions

specified herein, obtain a warrant authorizing to conduct a search or inspection of

property if such a search or inspection is one that is elsewhere authorized by law,

either with or without the consent of the person whose privacy would be thereby

invaded, and is one for which such a warrant is constitutionally required.

2. The warrant may be issued by any magistrate whose territorial jurisdiction

encompasses the property to be inspected.
N.D. Cent. Code § 29-01-25 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-25
29-01-25. Receipt to accused and clerk or magistrate
Status: in_force

29-01-25. Receipt to accused and clerk or magistrate

When money or other property is taken from a defendant arrested upon a charge of a public

offense, the officer taking it at the time shall give duplicate receipts therefor, specifying

particularly the amount of the money, or the kind of property taken, one of which receipts the

officer shall deliver to the defendant, and the other of which the officer shall file at once with the

clerk of the court to which the complaint and other papers in the case by law are required to be

sent. When such property is taken by a police officer of any incorporated city, the officer shall

deliver one of the receipts to the defendant and one, with the property, at once to the clerk or

other person in charge of the police office in such city, or, if there is no such clerk or other

person, then to the magistrate before whom such defendant may be taken for examination or

trial.
N.D. Cent. Code § 29-17-04 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-04
29-17-04. Parties may require names of all jurors in panel to be called
Status: in_force

29-17-04. Parties may require names of all jurors in panel to be called

When a case is called for trial, and before drawing the jury, either party may require the

names of all the jurors in the panel to be called, and the court may order that an attachment

issue against those who are absent, but the court, in its discretion, may wait or not for the return

of the attachment.
N.D. Cent. Code § 29-16-04 — ND Code / Title 29 / Chapter 29-16 / Section 29-16-04
29-16-04. Presence of defendant in prosecution for misdemeanor
Status: in_force

29-16-04. Presence of defendant in prosecution for misdemeanor

Superseded by N.D.R.Crim.P., Rule 43.
N.D. Cent. Code § 29-32.1-08 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-08
29-32.1-08. Discovery
Status: in_force

29-32.1-08. Discovery

The court, for good cause, may grant leave to either party to use the discovery procedures

available in criminal or civil proceedings. Discovery procedures may be used only to the extent

and in the manner the court has ordered or to which the parties have agreed.
N.D. Cent. Code § 29-02-18 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-18
29-02-18. When undertaking broken
Status: in_force

29-02-18. When undertaking broken

An undertaking to keep the peace is broken on the failure of a person complained of to

appear at the district court as provided in section 29-02-15 or upon that person's being

convicted of a breach of the peace.
N.D. Cent. Code § 29-03-03 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-03
29-03-03. Inhabitant leaving to evade law - Jurisdiction in county of residence
Status: in_force

29-03-03. Inhabitant leaving to evade law - Jurisdiction in county of residence

When an inhabitant or resident of this state leaves the same for the purpose of evading the

operation of the provisions of the statutes relating to dueling, and challenges to fight, with the

intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the

county of which the offender was an inhabitant or resident when the offense was committed.
N.D. Cent. Code § 29-07-05 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-05
29-07-05. The preliminary examination
Status: in_force

29-07-05. The preliminary examination

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-08-13 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-13
29-08-13. Fidelity and surety company may act as sureties on criminal undertaking for bail
Status: in_force

29-08-13. Fidelity and surety company may act as sureties on criminal undertaking

for bail.

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-22-09 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-09
29-22-09. Return of verdict
Status: in_force

29-22-09. Return of verdict

When the jurors have agreed upon their verdict, they must be conducted into court by the

officer having them in charge. Their names then must be called and if not all of them appear, the

rest must be discharged without giving a verdict. In that case the cause must be tried again at

the same or another term.
N.D. Cent. Code § 29-02-06 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-06
29-02-06. Complaint for threatening, before whom laid
Status: in_force

29-02-06. Complaint for threatening, before whom laid

A complaint may be laid before any magistrate mentioned in section 29-01-14, authorized

by law to act within the county, that a person has threatened to commit an offense against the

person or property of another.
N.D. Cent. Code § 29-10.1-05 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-05
29-10.1-05. Challenges by state, when, and causes
Status: in_force

29-10.1-05. Challenges by state, when, and causes

1. The state may challenge the panel of a grand jury or an individual grand juror at any

time before the grand jury is impaneled and sworn.

2. A challenge to the panel may be asserted by the state upon the ground only that the

grand jurors were not selected according to law.

3. A challenge to an individual grand juror may be asserted by the state upon the ground

only that the person is not a qualified juror.
N.D. Cent. Code § 29-15-01 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-01
29-15-01. Causes for removal of action
Status: in_force

29-15-01. Causes for removal of action

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-03-01 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-01
29-03-01. Crime commenced without this state and consummated within state
Status: in_force

29-03-01. Crime commenced without this state and consummated within state

When the commission of a public offense, commenced without this state, is consummated

within its boundaries, and the defendant is liable to prosecution as provided in section

29-03-01.1, the venue is in the county in which the offense is consummated, or in which the

offenders are apprehended.
N.D. Cent. Code § 29-10.1-03 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-03
29-10.1-03. Judge to summon grand jury
Status: in_force

29-10.1-03. Judge to summon grand jury

Upon presentment of the request of petition, the judge shall promptly summon and convene

the grand jury.
N.D. Cent. Code § 29-03-02 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-02
29-03-02. Duel without this state, causing death within - Jurisdiction where death occurs
Status: in_force

29-03-02. Duel without this state, causing death within - Jurisdiction where death

occurs.

When an inhabitant or resident of this state, by previous appointment or engagement, fights

a duel or is concerned as a second or surgeon therein, out of the jurisdiction of this state, and in

the duel a wound is inflicted upon a person from which the person dies in this state, the

jurisdiction of the offense is in the county where the death occurs.
N.D. Cent. Code § 29-01-27 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-27
29-01-27. Indigent defendant - Attorney appointed - Compensation - Limitation
Status: repealed

29-01-27. Indigent defendant - Attorney appointed - Compensation - Limitation

Repealed by S.L. 1967, ch. 259, § 3.
N.D. Cent. Code § 29-02-14 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-14
29-02-14. Assault in presence of court - Security required - Committed on default
Status: in_force

29-02-14. Assault in presence of court - Security required - Committed on default

A person who in the presence of a court or magistrate assaults or threatens to assault

another, or to commit an offense against another's person or property, or who contends with

another with angry words, may be ordered by the court or magistrate to give security, as is

provided in section 29-02-11, or if that person refuses to do so that person may be committed as

is provided in section 29-02-12.
N.D. Cent. Code § 29-21-05 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-05
29-21-05. Presumption of innocence - Acquittal on reasonable doubt
Status: in_force

29-21-05. Presumption of innocence - Acquittal on reasonable doubt

A defendant in a criminal action is presumed to be innocent until the contrary is proved, and

in case of a reasonable doubt as to whether the defendant's guilt is satisfactorily shown, the

defendant is entitled to be acquitted.
N.D. Cent. Code § 29-03-19 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-19
29-03-19. Action against a principal not present
Status: in_force

29-03-19. Action against a principal not present

The jurisdiction of a criminal action against a principal in the commission of a public offense,

when such principal is not present at the commission thereof, is in the county in which it would

be under this title, if the principal were present and aiding and abetting therein.
N.D. Cent. Code § 29-29-09 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-09
29-29-09. Liberating self or assistant - Use of force
Status: in_force

29-29-09. Liberating self or assistant - Use of force

To execute a search warrant, an officer may break open any outer or inner door or window

of a house for the purpose of liberating a person who, having entered to aid the officer in the

execution of the warrant, is detained therein, or when necessary for the officer's own liberation.
N.D. Cent. Code § 29-07-19 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-19
29-07-19. Costs taxed when prosecution malicious
Status: in_force

29-07-19. Costs taxed when prosecution malicious

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-02-23 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-23
29-02-23. Police to attend public meetings - Direction
Status: in_force

29-02-23. Police to attend public meetings - Direction

The mayor or other officer having the direction of the police in a city shall order a force

sufficient to preserve the peace to attend any public meeting when that person is satisfied that a

breach of the peace is reasonably apprehended.
N.D. Cent. Code § 29-01-16 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-16
29-01-16. When misdemeanor or infraction may be compromised
Status: in_force

29-01-16. When misdemeanor or infraction may be compromised

When a defendant is held to answer on a charge constituting a misdemeanor or infraction,

for which a person injured by the act constituting the offense has a remedy by a civil action, the

offense may be compromised as provided in section 29-01-17, except:

1. If the offense was committed by or upon a judge of any court in this state, or in any city

in this state, or a peace officer, while in the execution of the duties of the person's

office;

2. If the offense was committed with an intent to commit a felony; or

3. If the offense involves a crime of domestic violence as defined in section 14-07.1-01 or

is a violation of section 12.1-20-05, 12.1-20-07, 12.1-20-12.1, or 12.1-20-12.2.
N.D. Cent. Code § 29-10.1-18 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-18
29-10.1-18. Expenses
Status: in_force

29-10.1-18. Expenses

All necessary expenses of the grand jury incurred in its official capacity must be paid by the

state out of funds appropriated to the supreme court.
N.D. Cent. Code § 29-10.1-10 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-10
29-10.1-10. Challenge to panel after indictment presented
Status: in_force

29-10.1-10. Challenge to panel after indictment presented

At any time prior to pleading to the indictment, the person against whom an indictment has

been found and presented may move the court to dismiss the indictment upon the ground that

the jurors were not selected or impaneled according to law.
N.D. Cent. Code § 29-30.3-07 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-07
29-30.3-07. (2-104) Extension of time
Status: in_force

29-30.3-07. (2-104) Extension of time

1. If the person is not arrested pursuant to section 29-30.3-12 or 29-30.3-18 within the

period specified in the arrest warrant or other process, the magistrate for good cause

may issue further orders under subsection 3 of section 29-30.3-06 for additional

periods not exceeding a total of sixty days. Further extensions of orders may be

requested by the person under subsection 3 of section 29-30.3-06.

2. If the person is not arrested pursuant to section 29-30.3-12 or 29-30.3-18 within the

time specified by the magistrate, the person may not be subjected to any further order

in this state under subsection 3 of section 29-30.3-06. If the person is subsequently

arrested in this state under section 29-30.3-04 or 29-30.3-05 on the basis of the same

arrest warrant of the other state, the person may not be subjected to the issuance of

orders under subsection 3 of section 29-30.3-06 and must be released from custody.

However, the person may be arrested thereafter pursuant to section 29-30.3-12 or

29-30.3-18.
N.D. Cent. Code § 29-06-05 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-05
29-06-05. Foreign peace officer in fresh pursuit may arrest in state
Status: in_force

29-06-05. Foreign peace officer in fresh pursuit may arrest in state

Any member of a duly organized state, county, or municipal law enforcement unit of another

state of the United States who enters this state in fresh pursuit, and continues within this state in

such fresh pursuit of a person in order to arrest the person on the ground that the person is

believed to have committed a felony, misdemeanor, or traffic violation in such other state, shall

have the same authority to arrest and hold such person in custody as has any member of any

duly organized state, county, or municipal law enforcement unit of this state to arrest and hold in

custody a person on the ground that the person is believed to have committed a felony,

misdemeanor, or traffic violation in this state.
N.D. Cent. Code § 29-19-10 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-10
29-19-10. Entry of reasons for continuance in minutes of court
Status: in_force

29-19-10. Entry of reasons for continuance in minutes of court

Whenever a continuance is granted, the reasons therefor must be entered in the minutes of

the court.
N.D. Cent. Code § 29-29.1-02 — ND Code / Title 29 / Chapter 29-29.1 / Section 29-29.1-02
29-29.1-02. Conditions to be met before issuance
Status: in_force

29-29.1-02. Conditions to be met before issuance

The issuing magistrate shall issue the warrant when the magistrate is satisfied the following

conditions are met:

1. The one seeking the warrant shall establish under oath or affirmation that the property

or electronic communication information to be searched or inspected is to be searched

or inspected as a part of a legally authorized program of inspection which naturally

includes that property or electronic communication information, or that there is

probable cause for believing that there is a condition, object, activity, or circumstance

which legally justifies such a search or inspection of that property or electronic

communication information;

2. An affidavit indicating the basis for the establishment of one of the grounds described

in subsection 1 must be signed under oath or affirmation by the affiant; and

3. The issuing magistrate shall examine the affiant under oath or affirmation to verify the

accuracy of the matters indicated by the statement in the affidavit.
N.D. Cent. Code § 29-07-22 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-22
29-07-22. When offense bailable
Status: in_force

29-07-22. When offense bailable

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-23-02 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-02
29-23-02. Statement of case - Its office - What need not be embodied
Status: in_force

29-23-02. Statement of case - Its office - What need not be embodied

Superseded by N.D.R.App.P., Rules 10, 28.
N.D. Cent. Code § 29-10.1-02 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-02
29-10.1-02. When grand jury may be called
Status: in_force

29-10.1-02. When grand jury may be called

No grand jury may be drawn, summoned, or convened in any county within this state unless

the district judge thereof shall so direct by a written order filed with the clerk of the court in the

county wherein the said grand jury is required to attend. Any judge of the district court for any

county must direct, in the manner herein provided, that a grand jury be drawn and summoned to

attend whenever:

1. The judge deems the attendance of a grand jury necessary for the due enforcement of

the laws of the state;

2. The state's attorney of the county wherein the court is to be held, in writing, requests

the judge so to do; or

3. A petition in writing requesting the same is presented to the judge, signed by qualified

electors of the county equal in number to at least twenty-five percent of the total vote

cast in the county for the office of governor of the state at the last general election, but

the number of signatures required may not be fewer than two hundred twenty-five nor

exceed five thousand.
N.D. Cent. Code § 29-21-17 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-17
29-21-17. Trial on original charge after mistake
Status: in_force

29-21-17. Trial on original charge after mistake

If, after a mistake in charging an offense as is provided in section 29-21-15, a new

information is not filed nor a new indictment found as is provided in rule 12 of the North Dakota

Rules of Criminal Procedure, the court shall proceed again to try the defendant on the original

charge.
N.D. Cent. Code § 29-33-07 — ND Code / Title 29 / Chapter 29-33 / Section 29-33-07
29-33-07. Application and construction
Status: in_force

29-33-07. Application and construction

This chapter must be so applied and construed as to effectuate its general purpose to make

uniform the law with respect to the subject of this chapter among those states which enact it.
N.D. Cent. Code § 29-29.4-02 — ND Code / Title 29 / Chapter 29-29.4 / Section 29-29.4-02
29-29.4-02. Limitations on use of unmanned aerial vehicle systems and robots
Status: in_force

29-29.4-02. Limitations on use of unmanned aerial vehicle systems and robots

1. Information obtained from an unmanned aerial vehicle or robot is not admissible in a

prosecution or proceeding within the state unless the information was obtained:

a. Pursuant to the authority of a search warrant; or

b. In accordance with exceptions to the warrant requirement.

2. Information obtained from the operation of an unmanned aerial vehicle or robot may

not be used in an affidavit of probable cause in an effort to obtain a search warrant,

unless the information was obtained under the circumstances described in

subdivision a or b of subsection 1 or was obtained through the monitoring of public

lands or international borders.
N.D. Cent. Code § 29-08-03 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-03
29-08-03. Taking of bail defined
Status: in_force

29-08-03. Taking of bail defined

The taking of bail consists of the acceptance by a competent court or magistrate, or a

legally authorized officer, of an undertaking with sufficient sureties for the appearance of the

defendant in person, according to the terms of the undertaking, or that the sureties will pay to

the state a specified sum.
N.D. Cent. Code § 29-17-26 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-26
29-17-26. Challenge allowed - Jury discharged
Status: in_force

29-17-26. Challenge allowed - Jury discharged

If upon an exception to a challenge to a panel, or a denial of the facts, the challenge is

allowed, the court shall discharge the jury, and another jury can be summoned for the same

term forthwith from the body of the county, or the judge may order a jury to be drawn and

summoned in the regular manner. If the challenge is disallowed, the court shall direct the jury to

be impaneled.
N.D. Cent. Code § 29-17-25 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-25
29-17-25. Challenge taken for officer's bias
Status: in_force

29-17-25. Challenge taken for officer's bias

When a jury is formed from persons whose names are not drawn as jurors, a challenge may

be taken to the panel on account of any bias of the officer who summoned them, which would

be good ground of challenge to a juror. Such challenge must be made in the same form and

determined in the same manner as if made to a juror.
N.D. Cent. Code § 29-15-08 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-08
29-15-08. Trial upon removal - Original pleadings - Copies
Status: in_force

29-15-08. Trial upon removal - Original pleadings - Copies

Superseded by N.D.R.Crim.P., Rule 21.
N.D. Cent. Code § 29-07-11 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-11
29-07-11. Procedure on examination - Reading complaint
Status: in_force

29-07-11. Procedure on examination - Reading complaint

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-07-01 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-01
29-07-01. Magistrate's duty - Testimony may be taken
Status: in_force

29-07-01. Magistrate's duty - Testimony may be taken

Superseded by N.D.R.Crim.P., Rules 5, 44.
N.D. Cent. Code § 29-33-06 — ND Code / Title 29 / Chapter 29-33 / Section 29-33-06
29-33-06. Prisoners to be informed of chapter
Status: in_force

29-33-06. Prisoners to be informed of chapter

The warden or other official having custody of prisoners shall arrange for all prisoners to be

informed in writing of the provisions of this chapter and for a record thereof to be placed in the

prisoner's file.
N.D. Cent. Code § 29-28-17 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-17
29-28-17. Certificate of appeal taken and bail put in - Duty of sheriff
Status: in_force

29-28-17. Certificate of appeal taken and bail put in - Duty of sheriff

Superseded by N.D.R.Crim.P., Rules 38, 46.
N.D. Cent. Code § 29-31.1-08 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-08
29-31.1-08. Retention of forfeited property
Status: in_force

29-31.1-08. Retention of forfeited property

If property forfeitable under this chapter is needed as evidence in a criminal proceeding, it

must be retained under the control of the prosecuting attorney, or the prosecuting attorney's

designee, until such time as its use as evidence is no longer required.
N.D. Cent. Code § 29-10.2-05 — ND Code / Title 29 / Chapter 29-10.2 / Section 29-10.2-05
29-10.2-05. Grand jury investigations - Confidentiality - Exceptions
Status: in_force

29-10.2-05. Grand jury investigations - Confidentiality - Exceptions

1. In addition to its power of indictment, a state grand jury impaneled under this chapter

may, at the request of the attorney general, cause an investigation to be made into the

extent of multicounty criminal activity which involves organized crime as defined herein

or corruption of law enforcement officers or other public officers, officials, or

employees.

2. Disclosure of any matters occurring before a state grand jury, other than its

deliberation and the vote of any juror, may be made to the attorney general for use in

the performance of the attorney general's duties. The attorney general may disclose so

much of the state grand jury's proceedings to law enforcement agencies as the

attorney general considers essential to the public interest and effective law

enforcement.

3. A report or presentment of a state grand jury relating to an individual which is not

accompanied by a true bill of indictment may not be made public or be published until

the individual concerned has been furnished a copy of the report and given thirty days

to file with the district court a motion to suppress or seal the report or a portion that is

improper and unlawful. The motion, whether granted or denied, automatically acts as a

stay of public announcement of the report, or portion of the report, until the district

court's ruling on the motion is either affirmed or denied by an appellate court, or until

the time in which the order may be appealed has expired, whichever occurs first. The

report or portion of the report which is suppressed or sealed may not be opened even

by order of the court.
N.D. Cent. Code § 29-17-34 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-34
29-17-34. General causes of challenge specified
Status: in_force

29-17-34. General causes of challenge specified

General causes of challenges are:

1. A want of any of the qualifications prescribed by law to render a person a competent

juror, including a want of knowledge of the English language as used in the courts; and

2. Unsoundness of mind or such defect in the faculties of the mind or organs of the body

as renders the juror incapable of performing the duties of a juror.
N.D. Cent. Code § 29-10.1-27 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-27
29-10.1-27. Exculpatory evidence
Status: in_force

29-10.1-27. Exculpatory evidence

The grand jury shall weigh all the evidence submitted to it, and when it has reason to

believe that there is exculpatory evidence within its reach, it shall order the evidence to be

produced, and for that purpose may require the state's attorney or prosecutor to issue process

for the production of such evidence.
N.D. Cent. Code § 29-29.3-05 — ND Code / Title 29 / Chapter 29-29.3 / Section 29-29.3-05
29-29.3-05. Assistance in installation and use of a pen register or a trap and trace device
Status: in_force

29-29.3-05. Assistance in installation and use of a pen register or a trap and trace

device.

1. Upon the request of the attorney general, assistant attorney general, state's attorney,

or assistant state's attorney or an officer of a law enforcement agency authorized to

install and use a pen register under this chapter, a provider of wire or electronic

communication service, landlord, custodian, or other person shall furnish the

investigative or law enforcement officer all information, facilities, and technical

assistance necessary to accomplish the installation of the pen register unobtrusively

and with a minimum of interference with the services that the person so ordered by the

court accords the party with respect to whom the installation and use is to take place, if

such assistance is directed by a court order as provided in this chapter.

2. Upon the request of the attorney general, assistant attorney general, state's attorney,

or assistant state's attorney or an officer of a law enforcement agency authorized to

receive the results of a trap and trace device under this chapter, a provider of a wire or

electronic communication service, landlord, custodian, or other person shall install the

device on the appropriate line and shall furnish the investigative or law enforcement

officer all additional information, facilities, and technical assistance, including

installation and operation of the device, unobtrusively and with a minimum of

interference with the services that the person so ordered by the court accords the

party with respect to whom the installation and use is to take place, if such installation

and assistance is directed by a court order as provided in this chapter. Unless

otherwise ordered by the court, the results of the trap and trace device must be

furnished to the officer of a law enforcement agency designated by the court at

reasonable intervals during regular business hours for the duration of the order.

3. A provider of a wire or electronic communication service, landlord, custodian, or other

person who furnishes facilities or technical assistance under this section must be

reasonably compensated for reasonable expenses incurred in providing the facilities

and assistance.

4. No cause of action lies in any court against any provider of a wire or electronic

communication service, its officers, employees, agents, or other specified persons for

providing information, facilities, or assistance in accordance with the terms of a court

order under this chapter.

5. A good-faith reliance on a court order, a legislative authorization, or a statutory

authorization is a complete defense against any civil or criminal action brought under

this chapter or any other law.
N.D. Cent. Code § 29-30.3-09 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-09
29-30.3-09. (3-102) Supporting documentation
Status: in_force

29-30.3-09. (3-102) Supporting documentation

A demand for extradition must be accompanied by a certified copy of an arrest warrant and

one of the following:

1. A statement by the issuing authority that the arrest warrant was issued after a

determination of probable cause to believe that a crime has been committed and the

demanded person committed the crime, together with a copy of the provisions of law

defining the crime and fixing the penalty therefor.

2. A certified copy of the indictment upon which the arrest warrant is based.

3. A statement by the issuing authority that the arrest warrant was issued after a

determination of probable cause to believe that the demanded person has violated any

term of bail, probation, or an order arising out of a criminal proceeding.

4. A certified copy of a judgment of conviction or a sentencing order accompanied by a

statement by the issuing authority that the demanded person has escaped from

confinement or violated any term of parole.
N.D. Cent. Code § 29-29-02 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-02
29-29-02. Grounds for issuance of search warrant
Status: in_force

29-29-02. Grounds for issuance of search warrant

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-22-37 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-37
29-22-37. Discharge of jurors
Status: in_force

29-22-37. Discharge of jurors

After the retirement of the jurors to consider their verdict, they may be discharged from the

cause when:

1. The verdict has been returned and entered on the minutes of the court;

2. One of the jurors becomes so sick that that juror cannot continue to discharge that

juror's duty and there is no alternate juror;

3. Any accident or other cause prevents keeping the jurors together for deliberation;

4. Upon the expiration of such time as the court deems proper, it appears that there is no

reasonable probability that the jurors can agree upon a verdict; or

5. The court finally adjourns.

The court in any event may discharge the jurors from the cause if the state's attorney and the

defendant consent to such discharge and their consent is entered upon the minutes of the court.
N.D. Cent. Code § 29-05-18 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-18
29-05-18. Accused taken to proper county - Delivery of complaint with the accused - Depositions
Status: in_force

29-05-18. Accused taken to proper county - Delivery of complaint with the accused -

Depositions.

The officer who executes a warrant for an offense triable in another county shall take the

accused before the nearest or most accessible magistrate of the county in which the offense is

triable and shall deliver to the magistrate the complaint and the depositions, if any, and the

warrant, with the officer's return endorsed thereon, and the magistrate then shall proceed in the

same manner as upon a warrant issued by that magistrate.
N.D. Cent. Code § 29-06-04 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-04
29-06-04. Persons must aid in making arrest
Status: in_force

29-06-04. Persons must aid in making arrest

Every person, when required, shall aid an officer in the making of an arrest.
N.D. Cent. Code § 29-12-05 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-05
29-12-05. Bench warrant, misdemeanor, infraction, or bailable felony
Status: in_force

29-12-05. Bench warrant, misdemeanor, infraction, or bailable felony

If an offense is a misdemeanor, an infraction, or a bailable felony, the bench warrant issued

must be in a form similar to form 12 as contained in the appendix to the North Dakota Rules of

Criminal Procedure but must add to the body thereof a direction to the following effect: "or if the

person requires it, that you take the person before any magistrate of that county or in the county

in which you arrest the person, that the person may give bail to answer the information (or

indictment)".
N.D. Cent. Code § 29-21-36 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-36
29-21-36. Substitute for state's attorney
Status: in_force

29-21-36. Substitute for state's attorney

If the state's attorney fails or is unable to attend at the trial, the court may appoint some

attorney at law to perform the duties of the state's attorney on such trial.
N.D. Cent. Code § 29-17-21 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-21
29-17-21. Sufficiency of facts controverted - Procedure
Status: in_force

29-17-21. Sufficiency of facts controverted - Procedure

If the sufficiency of the facts alleged as a ground of challenge of a panel is controverted by

the adverse party, that party may except to the challenge. The exception need not be in writing

but must be entered upon the minutes of the court, and thereupon the court shall proceed to try

the sufficiency of the challenge, assuming the facts therein alleged to be true.
N.D. Cent. Code § 29-22-21 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-21
29-22-21. Sealed verdict - Admonition to jurors
Status: in_force

29-22-21. Sealed verdict - Admonition to jurors

If the court authorizes the rendition of a sealed verdict, it shall admonish the jurors not to

make any disclosure concerning it nor to speak with any other person concerning the cause

until their verdict has been rendered in open court.
N.D. Cent. Code § 29-06-01 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-01
29-06-01. Arrest defined
Status: in_force

29-06-01. Arrest defined

An arrest is the taking of a person into custody in the manner authorized by law to answer

for the commission of an offense.
N.D. Cent. Code § 29-26-07 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-07
29-26-07. Issuance of bench warrant - Duty of clerk
Status: in_force

29-26-07. Issuance of bench warrant - Duty of clerk

The clerk, on the application of the state's attorney, at any time after the order directing a

bench warrant to be issued, whether the court is sitting or not, shall issue a bench warrant into

one or more counties.
N.D. Cent. Code § 29-12-11 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-11
29-12-11. Procedure - Defendant present, defendant absent
Status: in_force

29-12-11. Procedure - Defendant present, defendant absent

If a defendant is present when an order for a bench warrant is made, the defendant must be

committed forthwith. If the defendant is not present, a bench warrant must be issued and

proceeded upon in the manner provided in this chapter.
N.D. Cent. Code § 29-29.5-04 — ND Code / Title 29 / Chapter 29-29.5 / Section 29-29.5-04
29-29.5-04. Law enforcement confidential informant training and guidelines
Status: in_force

29-29.5-04. Law enforcement confidential informant training and guidelines

1. After July 1, 2018, a law enforcement agency may not use a confidential informant

unless the law enforcement agency is trained in the use of confidential informants in a

training course approved by the attorney general.

a. Training must occur at least once every three years, and must establish that the

law enforcement agency has trained all personnel who are involved in the use or

recruitment of confidential informants in the law enforcement agency's policies

and procedures in a manner consistent with the peace officer standards and

training requirements.

b. The law enforcement agency shall document the date and scope of all training

along with all law enforcement personnel trained.

2. The peace officer standards and training board shall adopt rules for the use of

confidential informants which at a minimum:

a. Assign the consideration of the preservation of the safety of a confidential

informant.

b. Execute reasonable protective measures for a confidential informant.

c. Establish guidelines for the training and briefing of confidential informants.

d. Restrict off-duty association or social relationships by law enforcement agency

personnel with confidential informants.

e. Establish procedures to deactivate confidential informants which maintain the

safety and anonymity of confidential informants.

f. Establish a process to evaluate and report the criminal history and propensity for

violence of any target offenders.

g. Establish written security procedures protecting the identity of a confidential

informant.

h. Establish written procedures relating to the use of a paid confidential informant.
N.D. Cent. Code § 29-28-19 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-19
29-28-19. Printing of transcripts or briefs not required
Status: in_force

29-28-19. Printing of transcripts or briefs not required

Superseded by N.D.R.App.P., Rule 32.
N.D. Cent. Code § 29-15-15 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-15
29-15-15. The supreme court to designate trial judge
Status: repealed

29-15-15. The supreme court to designate trial judge

Repealed by S.L. 1971, ch. 316, § 2.
N.D. Cent. Code § 29-29.3-04 — ND Code / Title 29 / Chapter 29-29.3 / Section 29-29.3-04
29-29.3-04. Issuance of an order for a pen register or a trap and trace device - Notice
Status: in_force

29-29.3-04. Issuance of an order for a pen register or a trap and trace device - Notice

1. Upon an application made under this chapter, the court shall enter an ex parte order

authorizing the installation and use of a pen register or a trap and trace device within

the jurisdiction of the court if the court finds that the attorney general, assistant

attorney general, state's attorney, or assistant state's attorney or the law enforcement

or investigative officer has certified to the court that the information likely to be

obtained by such installation and use is relevant to ongoing criminal investigation.

2. An order issued under this section:

a. Must specify:

(1) The identity, if known, of the person to whom is leased or in whose name is

listed the telephone line to which the pen register or trap and trace device is

to be attached;

(2) The identity, if known, of the person who is the subject of the criminal

investigation;

(3) The number and, if known, physical location of the telephone line to which

the pen register or trap and trace device is to be attached and, in the case of

a trap and trace device, the geographic limits of the trap and trace order;

and

(4) A statement of the offense to which the information likely to be obtained by

the pen register or trap and trace device relates.

b. Must direct, upon the request of the applicant, the furnishing of information,

facilities, and technical assistance necessary to accomplish the installation of the

pen register or trap and trace device under this chapter.

3. An order issued under this section authorizes the installation and use of a pen register

or a trap and trace device for a period not to exceed sixty days. Extensions of the

order may be granted, but only upon an application for an order under this chapter and

upon the judicial finding required by subsection 1. The period of extension may not

exceed sixty days.

4. An order authorizing or approving the installation and use of a pen register or a trap

and trace device must direct that:

a. The order be sealed until otherwise ordered by the court; and

b. The person owning or leasing the line to which the pen register or a trap and

trace device is attached, or who has been ordered by the court to provide

assistance to the applicant, not disclose the existence of the pen register or trap

and trace device or the existence of the investigation to the listed subscriber, or to

any other person, unless otherwise ordered by the court.

5. Within a reasonable time, but not later than one year after the termination of the period

of an order or extension of an order, the judge to whom the application was presented

shall cause to be served on the persons named in the order or application, and on any

other party the notification of whom the judge determines is in the interest of justice,

notice of:

a. The fact of the entry of the order.

b. The date of the entry and the period of authorized installation and use of the pen

register or trap and trace device.

c. The fact that during the period of the order or extension information was obtained

through use of the pen register or trap and trace device.
N.D. Cent. Code § 29-16-03 — ND Code / Title 29 / Chapter 29-16 / Section 29-16-03
29-16-03. Presence of defendant if felony charged
Status: in_force

29-16-03. Presence of defendant if felony charged

Superseded by N.D.R.Crim.P., Rule 43.
N.D. Cent. Code § 29-21-08 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-08
29-21-08. Defendant discharged to testify
Status: in_force

29-21-08. Defendant discharged to testify

When two or more persons are charged with an offense in the same information or

indictment, the court, at any time before the defendants have gone into their defense, on the

application of the state's attorney, may direct any defendant to be discharged from the

information or indictment, that that defendant may be a witness for the state.
N.D. Cent. Code § 29-23-04 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-04
29-23-04. Statement of the case - Filing thereof - Made part of record
Status: in_force

29-23-04. Statement of the case - Filing thereof - Made part of record

Superseded by N.D.R.App.P., Rules 10, 28.
N.D. Cent. Code § 29-29.2-02 — ND Code / Title 29 / Chapter 29-29.2 / Section 29-29.2-02
29-29.2-02. Ex parte order for wiretapping and eavesdropping
Status: in_force

29-29.2-02. Ex parte order for wiretapping and eavesdropping

1. An ex parte order for wiretapping or eavesdropping, or both, may be issued by any

judge of competent jurisdiction. The order may be issued upon application of the

attorney general, or an assistant attorney general, or a state's attorney, or an assistant

state's attorney, showing by affidavit that there is probable cause to believe that

evidence will be obtained of the commission or attempted commission of a felony

violation of chapter 19-03.1, or a criminal conspiracy to commit a felony violation of

2. Unless otherwise provided by law, an ex parte order for wiretapping or eavesdropping

may be issued only for a crime specified in subsection 1 for which a felony penalty is

authorized upon conviction.

3. Each application for wiretapping or eavesdropping, or both, must be made in writing

upon oath or affirmation to a judge of competent jurisdiction and must state the

applicant's authority to make the application. Each application must include:

a. The identity of the law enforcement officer making the application, and the officer

authorizing the application.

b. A complete statement of the facts and circumstances relied upon by the

applicant, to justify the belief that an order should be issued, including details as

to the particular offense that has been, is being, or is about to be committed; a

particular description of the nature and location of the facilities from which, or the

place where, the communication is to be intercepted; a particular description of

the type of communication sought to be intercepted; and the identity of the

person, if known, committing the offense and whose communications are to be

intercepted.

c. A complete statement as to whether other investigative procedures have been

tried and failed, or why they reasonably appear to be unlikely to succeed if tried,

or to be too dangerous.

d. A statement of the period of time for which the interception is required to be

maintained. If the nature of the investigation is such that the authorization for

interception should not automatically terminate when the described type of

communication has been first obtained, there must be a particular description of

the facts establishing probable cause to believe that additional communications of

the same type will occur thereafter.

e. A complete statement of the facts concerning all previous applications known to

the individual authorizing and making the application, made to any judge for

authorization to intercept, or for approval of interceptions of, wire, electronic, or

oral communications involving any of the same persons, facilities, or places

specified in the application, and the action taken by the judge on each such

application.

f. If the application is for the extension of an order, a statement setting forth the

results thus far obtained from the interception, or a reasonable explanation of the

failure to obtain those results.

4. The judge may require the applicant to furnish additional testimony or documentary

evidence in support of the application.

5. Upon an application, the judge may enter an ex parte order, as requested or as

modified, authorizing or approving wiretapping or eavesdropping within the territorial

jurisdiction of the court in which the judge is sitting, if the judge determines on the

basis of the facts submitted by the applicant that:

a. There is probable cause for belief that a person is committing, has committed, or

is about to commit a felony violation of chapter 19-03.1 or a criminal conspiracy to

commit a felony violation of chapter 19-03.1;

b. There is probable cause for belief that particular communications concerning that

offense will be obtained through the interception;

c. Normal investigative procedures have been tried and have failed, or reasonably

appear to be unlikely to succeed if tried, or to be too dangerous; and

d. There is probable cause for belief that the facilities from which or the place where

the wire, electronic, or oral communications are to be intercepted are being used,

or about to be used, in connection with the commission of an offense, or are

leased to, listed in the name of, or commonly used by the person alleged to be

involved in the commission of the offense.

6. Each order authorizing or approving wiretapping or eavesdropping must specify:

a. The identity of the person, if known, whose communications are to be

intercepted.

b. The nature and location of the communications facilities as to which, or the place

where, authority to intercept is granted.

c. A particular description of the type of communications sought to be intercepted,

and a statement of the particular offense to which it relates.

d. The identity of the agency authorized to intercept the communications, and of the

person authorizing the application.

e. The period of time during which an interception is authorized, including a

statement as to whether the interception automatically terminates when the

subscribed communication is first obtained.

7. No order entered under this chapter may authorize or approve the interception of any

wire, electronic, or oral communication for any period longer than is necessary to

achieve the objective of the authorization. In no event may the period exceed thirty

days. The thirty-day period begins on the earlier of the day on which the investigative

or law enforcement officer first begins to conduct an interception under the order or ten

days after the order is entered. An extension of an order may be granted, but only

upon application for an extension made in accordance with subsection 3, and to the

court making the findings required by subsection 5. The period of the extension may

be no longer than the authorizing judge deems necessary to achieve the purposes for

which it was granted, and in no event for longer than thirty days. Every order and

extension of an order must contain provisions that the authorization to intercept must

be executed as soon as practicable, must be conducted in such a way as to minimize

the interception of communications not otherwise subject to interception under this

section, and must terminate upon attainment of the authorized objective, or in any

event in thirty days. No more than one extension may be granted for any order entered

under this section.

8. If an order authorizing interception is entered pursuant to this section, the order may

require reports to be made to the judge who issued the order, showing what progress

has been made toward achievement of the authorized objective and the need for

continued interception. A report must be made at any time the judge requires.

9. a. The contents of any wire, electronic, or oral communication intercepted by any

means authorized by this section must, if possible, be recorded on tape, wire, or

other comparable device. The recording of the contents of any wire, electronic, or

oral communication under this subsection must be done in such a way as will

protect the recording from editing or other alterations. Immediately upon

expiration of the period of the order, or extension of the order, the recording must

be made available to the judge issuing the order and sealed under the judge's

directions. The judge shall direct where the recording must be maintained. A

recording may not be destroyed except upon an order of the judge, and in any

event must be kept for ten years. Duplicate recordings may be made for use or

disclosure pursuant to this section. The presence of the seal provided for by this

subsection, or a satisfactory explanation for the absence thereof, is a prerequisite

for the use or disclosure of the contents of any wire, electronic, or oral

communication or evidence derived under this section.

b. Applications made and orders granted under this section must be sealed by the

judge. The judge shall direct where applications and orders must be maintained.

The applications and orders may be disclosed only upon a showing of good

cause before a judge of competent jurisdiction, and may not be destroyed except

on order of the judge to whom presented. In any event applications and orders

must be kept for ten years. Information obtained pursuant to a court order

authorizing interception of wire, electronic, or oral communications may not be

used, published, or divulged except in accordance with this chapter.

c. The court may punish violation of this subsection as contempt of court.

10. Within a reasonable time, but not later than ninety days after the termination of the

period of an order or extension thereof, the judge to whom the application was

presented shall cause to be served, on the persons named in the order or the

application, and any other party to intercepted communications as the judge may

determine is in the interest of justice, notice of the following:

a. The fact of the entry of the order.

b. The date of the entry and the period of authorized interception.

c. The fact that during the period wire, electronic, or oral communications were

intercepted.

The judge, upon the filing of a motion, may make available to any person or counsel

for inspection such portions of the intercepted communications, applications, and

orders as the judge determines to be in the interest of justice. On an ex parte showing

of good cause to a judge of competent jurisdiction, the serving of the matter required

by this subsection may be postponed.

11. The contents of any intercepted wire, electronic, or oral communication or evidence

derived therefrom may not be received in evidence or otherwise disclosed in any trial,

hearing, or other proceeding in a court, unless each party, not less than ten days

before the trial, hearing, or proceeding, has been furnished with a copy of the court

order, and accompanying application, under which the interception was authorized or

approved. This ten-day period may be waived by the court if the court finds that it was

not possible to furnish the party with the information ten days before the trial, hearing,

or proceeding, and that the party will not be prejudiced by the delay in receiving this

information.

12. An aggrieved person in any trial, hearing, or proceeding in or before any court, officer,

agency, or other authority of this state, or a political subdivision of this state, may move

to suppress the contents of any intercepted wire, electronic, or oral communication, or

evidence derived therefrom, on the grounds that the communication was unlawfully

intercepted, the order of authorization or approval under which it was intercepted is

insufficient on its face, or the interception was not made in conformity with the order of

authorization or approval. This motion must be made before the trial, hearing, or

proceeding unless there was no opportunity to make the motion, or the person was not

aware of the grounds of the motion. If the motion is granted, the contents of the

intercepted wire, electronic, or oral communication, or evidence derived from the

communication may not be received as evidence. The court, upon the filing of the

motion by the aggrieved person, may make available to the aggrieved person or the

person's counsel for inspection any portion of the intercepted communication or

evidence derived from the communication as the court determines to be in the

interests of justice.

13. In addition to any other right to appeal, the state has the right to appeal from an order

granting a motion to suppress made under subsection 12, or the denial of an

application for an order of approval, if the person making or authorizing the application

certifies to the judge granting the motion or denying an application that the appeal is

not taken for purposes of delay. The appeal must be taken within thirty days after the

date the order was entered and must be diligently prosecuted.

14. A law enforcement officer who, by any means authorized by this section, has obtained

knowledge of the contents of a wire, electronic, or oral communication, or evidence

derived from the communication, may disclose the contents to another law

enforcement officer to the extent that this disclosure is appropriate in the proper

performance of the official duties of the officer making or receiving the disclosure.

15. A law enforcement officer who, by means authorized by this section, has obtained

knowledge of the contents of any wire, electronic, or oral communication, or evidence

derived therefrom, may use those contents to the extent the use is appropriate in the

official performance of official duties.

16. A person who has received, by means authorized by this section, information

concerning a wire, electronic, or oral communication, or evidence derived from the

communication, intercepted in accordance with this section, may disclose the contents

of that communication or derivative evidence while giving testimony in any proceeding

held under the authority of the United States or this state.

17. No otherwise privileged wire, electronic, or oral communication intercepted in

accordance with, or in violation of, this section loses its privileged character.

18. When a law enforcement officer, while engaged in intercepting wire, electronic, or oral

communications in the manner authorized in this section, intercepts wire, electronic, or

oral communications relating to an offense other than one specified in the order of

authorization or approval, the contents thereof, and evidence derived therefrom, may

be disclosed or used as provided in subsections 14 and 15 only if an offense other

than one specified in the order is an offense that constitutes a felony under the laws of

this state. The contents, and evidence derived from the contents, as authorized by this

section, may be used under subsection 16 only when authorized or approved by a

judge of competent jurisdiction, when the judge finds on subsequent application that

the contents were otherwise intercepted in accordance with this section. This

application must be made as soon as practicable.

19. The requirements of subdivision b of subsection 3 and subdivision d of subsection 5

relating to the specification of the facilities from which, or the place where, the

communication is to be intercepted do not apply if:

a. In the case of an application with respect to the interception of an oral

communication, the application contains a full and complete statement as to why

such specification is not practical and identifies the person committing the offense

and whose communications are to be intercepted and the judge finds that such

specification is not practical; or

b. In the case of an application with respect to a wire or electronic communication,

the application identifies the person believed to be committing the offense and

whose communications are to be intercepted and the applicant makes a showing

of a purpose, on the part of that person, to thwart interception by changing

facilities and the judge finds that such purpose has been adequately shown.

20. An interception of a communication under an order with respect to which the

requirements of subdivision b of subsection 3 and subdivision d of subsection 5 do not

apply by reason of subsection 19 may not begin until the facilities from which, or the

place where, the communication is to be intercepted is ascertained by the person

implementing the interception order. A provider of wire or electronic communication

service which has received an order as provided for in subdivision b of subsection 19

may move the court to modify or quash the order on the ground that its assistance with

respect to the interception cannot be performed in a timely or reasonable fashion. The

court, upon notice to the government, shall rule on such a motion expeditiously.
N.D. Cent. Code § 29-03-12 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-12
29-03-12. Jurisdiction of accessory in county where committed
Status: in_force

29-03-12. Jurisdiction of accessory in county where committed

In the case of an accessory in the commission of a public offense, the jurisdiction is in the

county where the offense of the accessory was committed, notwithstanding the principal offense

was committed in another county.
N.D. Cent. Code § 29-15-21 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-21
29-15-21. Demand for change of judge
Status: in_force

29-15-21. Demand for change of judge

1. Subject to the provisions of this section, any party to a civil or criminal action or

proceeding pending in the district court may obtain a change of the judge before whom

the trial or any proceeding with respect thereto is to be heard by filing with the clerk of

the court in which the action or proceeding is pending the original of a written demand

for change of judge, executed either:

a. By the personal signature of the party, if an individual, and by the personal

signature of an authorized officer or manager, if a corporation, limited liability

company, or association; or

b. By the attorney for a party with the permission of the party, in which event the

attorney shall file with the demand a certificate that the attorney has mailed a

copy of the demand to such party.

2. The demand is invalid unless it is filed with the clerk of the court not later than ten days

after the occurrence of the earliest of any one of the following events:

a. The date of the notice of assignment or reassignment of a judge for trial of the

case;

b. The date of notice that a trial has been scheduled; or

c. The date of service of any ex parte order in the case signed by the judge against

whom the demand is filed.

3. Any party who has been added, voluntarily or involuntarily, to the action or proceeding

after the date of any occurrence in subsection 2 has the right to file a demand for

change of judge within ten days after any remaining event occurs or, if all of those

events have already occurred, within ten days after that party has been added. In any

event, no demand for a change of judge may be made after the judge sought to be

disqualified has ruled upon any matter pertaining to the action or proceeding in which

the demanding party was heard or had an opportunity to be heard. Any proceeding to

modify an order for alimony, property division, or child support pursuant to section

14-05-24 or an order for child custody pursuant to section 14-05-22 must be

considered a proceeding separate from the original action and the fact that the judge

sought to be disqualified made any ruling in the original action does not bar a demand

for a change of judge.

4. The demand for change of judge must state that it is filed in good faith and not for the

purposes of delay. It must indicate the nature of the action or proceeding, designate

the judge sought to be disqualified, and certify that that judge has not ruled upon any

matter pertaining to the action or proceeding in which the moving party was heard or

had an opportunity to be heard.

5. Upon the filing of the demand for change of judge, the clerk shall immediately send a

copy of the demand for a change of judge to the presiding judge of the judicial district

and the judge sought to be disqualified.

6. Upon receipt of a copy of a demand for change of judge, the judge sought to be

disqualified has no authority or discretion to determine the timeliness or validity of the

demand and shall proceed no further or take any action in the action or proceeding

and is thereafter disqualified from doing any further act in the cause unless the

demand is invalidated by the presiding judge. The judge sought to be disqualified shall

promptly submit to the presiding judge any comments the judge may have regarding

the demand. If the presiding judge thereafter invalidates the demand because it was

not timely filed or for other reasons, the judge sought to be disqualified shall resume

jurisdiction in the case and hear and determine the case to conclusion.

7. If a demand for a change of judge has been made and another judge assigned by the

presiding judge of the judicial district, the presiding judge may decline to grant another

demand for a change of judge made by a party whose interests in the matter are not

adverse to those of the party whose demand was granted. A judge assigned by the

presiding judge pursuant to a demand for change of judge is not disqualified upon a

subsequent demand for change of judge unless and until the subsequent demand is

granted and notice thereof is given to that judge by the presiding judge. A subsequent

demand for a change of judge may be made only within five days after receiving notice

of the assignment of a judge by the presiding judge pursuant to a previous demand.

8. Upon receipt of a timely filed demand for a change of judge from the clerk of the court,

the presiding judge of the judicial district in which the demand is filed shall promptly

designate another judge to act in the place and stead of the judge disqualified.

9. The judge designated, after receiving such notice of the assignment from the presiding

judge, shall promptly proceed with the hearing or trial, first giving to the parties or their

attorneys reasonable notice of the date of the hearing or trial.
N.D. Cent. Code § 29-22-18 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-18
29-22-18. Special verdict rendered in writing
Status: in_force

29-22-18. Special verdict rendered in writing

Superseded by N.D.R.Crim.P., Rule 31.
N.D. Cent. Code § 29-22-03 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-03
29-22-03. Selection of a foreman
Status: in_force

29-22-03. Selection of a foreman

The court shall appoint one of the jurors foreman or instruct the jurors to select one of their

number as foreman.
N.D. Cent. Code § 29-29-13 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-13
29-29-13. Copy of inventory - To whom delivered
Status: in_force

29-29-13. Copy of inventory - To whom delivered

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-03-16 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-16
29-03-16. Escaping from jail - Jurisdiction where jail located
Status: repealed

29-03-16. Escaping from jail - Jurisdiction where jail located

Repealed by S.L. 2001, ch. 131, § 3.
N.D. Cent. Code § 29-26-19 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-19
29-26-19. Other evidence prohibited
Status: in_force

29-26-19. Other evidence prohibited

Superseded by N.D.R.Crim.P., Rule 32.
N.D. Cent. Code § 29-15-13 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-13
29-15-13. Prejudice or bias of judge - Affidavit - Filing
Status: repealed

29-15-13. Prejudice or bias of judge - Affidavit - Filing

Repealed by S.L. 1971, ch. 316, § 2.
N.D. Cent. Code § 29-23-01 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-01
29-23-01. Statement of the case - How constituted
Status: in_force

29-23-01. Statement of the case - How constituted

Superseded by N.D.R.App.P., Rules 10, 28.
N.D. Cent. Code § 29-05-20 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-20
29-05-20. Unnecessary delay after arrest prohibited - Attorney visitation
Status: in_force

29-05-20. Unnecessary delay after arrest prohibited - Attorney visitation

The accused in all cases must be taken before a magistrate without unnecessary delay, and

any attorney at law entitled to practice in the courts of record of this state, at the request of the

attorney or the accused, may visit the accused after the accused's arrest.
N.D. Cent. Code § 29-28-30 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-30
29-28-30. Judgment reversed without new trial - Defendant discharged - Disposal of bail
Status: in_force

29-28-30. Judgment reversed without new trial - Defendant discharged - Disposal of

bail.

If a judgment against the defendant is reversed without ordering a new trial, the supreme

court, if the defendant is in custody, shall direct that the defendant be discharged therefrom, or if

on bail, that the defendant's bail be exonerated, or if money was deposited instead of bail, that it

be refunded to the defendant.
N.D. Cent. Code § 29-26-11 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-11
29-26-11. Defendant informed of rights
Status: in_force

29-26-11. Defendant informed of rights

When a defendant appears for judgment, the defendant must be informed by the court, or

by the clerk under its direction, of the nature of the charge against the defendant, and of the

defendant's plea, and the verdict, if any, thereon, and must be asked whether the defendant has

any legal cause to show why judgment should not be pronounced against the defendant.
N.D. Cent. Code § 29-03-09 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-09
29-03-09. Venue of kidnapping, forcible restraint, unlawful imprisonment, electronic luring, or prostitution cases
Status: in_force

29-03-09. Venue of kidnapping, forcible restraint, unlawful imprisonment, electronic

luring, or prostitution cases.

The venue of a criminal action for any of the following offenses is in any county in which the

offense is committed, or into or out of which the individual upon whom the offense was

committed may have been brought, in the course of the commission of the offense, or in which

an act was done by the accused in instigating, procuring, promoting, soliciting, or facilitating the

commission of the offense:

1. Kidnapping, forcible restraint, or unlawful imprisonment, in violation of chapter 12.1-18;

2. A violation of section 12.1-29-01, 12.1-29-02, or 12.1-29-03 relating to prostitution; or

3. Luring a minor by computer or other electronic means in violation of section

12.1-20-05.1.
N.D. Cent. Code § 29-16-05 — ND Code / Title 29 / Chapter 29-16 / Section 29-16-05
29-16-05. Order or warrant requiring presence of defendant
Status: in_force

29-16-05. Order or warrant requiring presence of defendant

If the presence of a defendant on trial for an infraction or a misdemeanor, who is voluntarily

absent, is necessary for any purpose, the court, upon application of the state's attorney or other

person appointed to prosecute, may make an order or warrant requiring the personal

attendance of the defendant at the trial.
N.D. Cent. Code § 29-30.3-21 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-21
29-30.3-21. (5-101) Order to transfer custody
Status: in_force

29-30.3-21. (5-101) Order to transfer custody

1. Except as provided in subsection 2, a judicial order to transfer custody issued pursuant

to section 29-30.3-06, 29-30.3-13, 29-30.3-14, 29-30.3-19, or 29-30.3-20 must direct a

law enforcement officer to take or retain custody of the person until an agent of the

other state is available to take custody. If the agent of the other state has not taken

custody within ten days, the magistrate may:

a. Order the release of the person upon conditions that will assure the person's

availability on a specified date within thirty days; or

b. Extend the original order for an additional ten days upon good cause shown for

the failure of an agent of the other state to take custody.

2. If the agent of the other state 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 or other process to obtain appearance of a person

is issued as a result of a new demand for extradition or a new request for rendition.

3. The magistrate in the order may authorize the voluntary return of the person with

consent of the executive authority or with the consent of the official upon whose

application the request for rendition was made.
N.D. Cent. Code § 29-17-36 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-36
29-17-36. Matters constituting implied bias specified
Status: repealed

29-17-36. Matters constituting implied bias specified

A challenge for implied bias of a juror may be taken for all or any of the following causes,

and for no other:

1. Consanguinity or relationship to the person alleged to be injured by the offense

charged, or on whose complaint the prosecution was instituted, or to the defendant.

2. The relationship of guardian and ward, attorney and client, master and servant,

landlord and tenant, or debtor and creditor, or membership in the family of the

defendant, or of the person alleged to be injured by the offense charged, or on whose

complaint the prosecution was instituted, or employment by either.

3. Being a party adverse to the defendant in a civil action, or having complained against

or been accused by the defendant in a criminal prosecution.

4. Having served on the grand jury which found the indictment, or on a coroner's jury

which inquired into the death of a person whose death is the subject of the action.

5. Having served on a trial jury which has tried another person for the offense charged.

6. Having been one of a jury formerly sworn to try the same charge, and whose verdict

was set aside, or which was discharged without a verdict, after the cause was

submitted to it.

7. Having served as a juror in a civil action brought against the defendant for the act

charged as an offense.

8. Repealed by S.L. 1975, ch. 106, § 673.

9. Having served as a member of the jury panel within two years.
N.D. Cent. Code § 29-08-10 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-10
29-08-10. Bail in cases of illness
Status: in_force

29-08-10. Bail in cases of illness

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-28-25 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-25
29-28-25. Defendant need not appear in supreme court
Status: in_force

29-28-25. Defendant need not appear in supreme court

Superseded by N.D.R.App.P., Rule 34.
N.D. Cent. Code § 29-08-19 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-19
29-08-19. Who may make order admitting to bail on appeal
Status: in_force

29-08-19. Who may make order admitting to bail on appeal

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-02-09 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-09
29-02-09. Procedure when charge controverted
Status: in_force

29-02-09. Procedure when charge controverted

If a person complained of is brought before a magistrate upon the charge that that person

threatened to commit an offense against another, the magistrate, if the charge is controverted,

shall take testimony in relation thereto. The evidence on demand of the defendant must be

reduced to writing and subscribed by the witnesses.
N.D. Cent. Code § 29-10.1-22 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-22
29-10.1-22. Subjects of grand jury inquiry
Status: in_force

29-10.1-22. Subjects of grand jury inquiry

Whenever directed by the district court, the grand jury shall inquire into:

1. The condition and management of the public prisons in the county; and

2. Willful and corrupt felonious misconduct in office of public officials of every description

in the county.
N.D. Cent. Code § 29-26-22.3 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-22.3
29-26-22.3. Renewal of prior judgments
Status: repealed

29-26-22.3. Renewal of prior judgments

Repealed by omission from this code.
N.D. Cent. Code § 29-33-02 — ND Code / Title 29 / Chapter 29-33 / Section 29-33-02
29-33-02. Duty to inform court and prosecuting official
Status: in_force

29-33-02. Duty to inform court and prosecuting official

The request must be delivered to the warden or other official having custody of the prisoner,

who shall forthwith:

1. Certify the term of commitment under which the prisoner is being held, the time

already served on the sentence, the time remaining to be served, the good time

earned, the time of parole eligibility of the prisoner, and any decisions of the state

parole board relating to the prisoner; and

2. Send by registered or certified mail, return receipt requested, one copy of the request

and certificate to the court and one copy to the prosecuting official to whom it is

addressed.
N.D. Cent. Code § 29-06-09 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-09
29-06-09. How arrest made
Status: in_force

29-06-09. How arrest made

An arrest is made by an actual restraint of the person of the defendant or by the defendant's

submission to the custody of the person making the arrest.
N.D. Cent. Code § 29-22-34 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-34
29-22-34. New trial must be ordered for incomplete verdict
Status: in_force

29-22-34. New trial must be ordered for incomplete verdict

If the jurors, in a special verdict, do not pronounce affirmatively or negatively on the facts

necessary to enable the court to give judgment, or if they find the evidence of facts merely and

not the conclusions of fact from the evidence, as established to their satisfaction, the court shall

order a new trial.
N.D. Cent. Code § 29-30.3-01 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-01
29-30.3-01. (1-101) Definitions
Status: in_force

29-30.3-01. (1-101) Definitions

As used in this chapter:

1. "Arrest warrant" means any document that authorizes a peace officer to take custody

of a person.

2. "Certified copy" means a copy of a document accompanied by a statement of a

custodian authorized by the law of a state to maintain the document that the copy is a

complete and true copy of an official record filed and maintained in a public office.

3. "Demanded person" means a person whose return to a demanding state is sought

from another state by extradition under sections 29-30.3-08 through 29-30.3-14.

4. "Demanding state" means a state that is seeking the return of a person from another

state through the process of extradition under sections 29-30.3-08 through 29-30.3-14.

5. "Executive authority" means the chief executive in a state other than this state, any

person performing the functions of chief executive, or a representative designated by

the chief executive.

6. "Governor" means the governor of this state, any person performing the functions of

governor, or a representative designated by the governor.

7. "Issuing authority" means any person who may issue or authorize the issuance of an

arrest warrant.

8. "Requested person" means a person whose return to a requesting state is sought from

another state by rendition under sections 29-30.3-15 through 29-30.3-20.

9. "Requesting state" means a state that is seeking the return of a person from another

state through the process of rendition under sections 29-30.3-15 through 29-30.3-20.
N.D. Cent. Code § 29-21-16 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-16
29-21-16. Mistake in charge not former acquittal nor putting once in jeopardy
Status: repealed

29-21-16. Mistake in charge not former acquittal nor putting once in jeopardy

Repealed by S.L. 2023, ch. 304, § 1.
N.D. Cent. Code § 29-25-01 — ND Code / Title 29 / Chapter 29-25 / Section 29-25-01
29-25-01. Motion in arrest of judgment defined
Status: in_force

29-25-01. Motion in arrest of judgment defined

Superseded by N.D.R.Crim.P., Rule 34.
N.D. Cent. Code § 29-02-19 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-19
29-02-19. Action upon the undertaking to keep peace
Status: in_force

29-02-19. Action upon the undertaking to keep peace

If the state's attorney produces to the district court to which an undertaking to keep the

peace is returned, evidence that the principal has been convicted of a breach of the peace, that

court shall order the undertaking to be prosecuted and the state's attorney thereupon shall

commence an action upon it in the name of this state.
N.D. Cent. Code § 29-06-06 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-06
29-06-06. Hearing before local magistrate and order thereon
Status: in_force

29-06-06. Hearing before local magistrate and order thereon

1. If an arrest is made in this state by an officer of another state in accordance with the

provisions of section 29-06-05, the officer, without unnecessary delay, shall take the

person arrested before a magistrate of the county in which the arrest was made, who

shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If

the magistrate determines that the arrest was lawful, the magistrate shall commit the

person arrested to await for a reasonable time the issuance of an extradition warrant

by the governor of this state, or shall admit the person to bail for such purpose. If the

magistrate determines that the arrest was unlawful, the magistrate shall discharge the

person arrested.

2. Notwithstanding the provisions of chapter 29-30.3 and subsection 1, a person arrested

for a misdemeanor or traffic violation pursuant to section 29-06-05 may voluntarily

return to the foreign state without a hearing before a magistrate.
N.D. Cent. Code § 29-06-10 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-10
29-06-10. Restraint in an arrest is limited
Status: in_force

29-06-10. Restraint in an arrest is limited

A person who is arrested may not be subjected to unnecessary or unreasonable force, nor

to any greater restraint than is necessary for the person's detention.
N.D. Cent. Code § 29-08-17 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-17
29-08-17. Who may take bail
Status: in_force

29-08-17. Who may take bail

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-29.2-04 — ND Code / Title 29 / Chapter 29-29.2 / Section 29-29.2-04
29-29.2-04. Reports to attorney general
Status: in_force

29-29.2-04. Reports to attorney general

A state's attorney shall report annually to the attorney general information as to the number

of applications made for orders permitting the interception of wire, electronic, or oral

communications; the offense specified in the order or application; the nature of the facilities from

which or the place where communications were to be intercepted; the number of persons whose

communications were intercepted, the number of arrests resulting from interceptions made

under such order or extension, and the offenses for which arrests were made; the number of

motions to suppress made with respect to such interceptions and the number granted or denied;

the number of convictions resulting from the interceptions and the offenses for which the

convictions were obtained; and a general assessment of the importance of the interceptions.

The state's attorney shall submit the report to the attorney general by January first of each year.

The report must include all orders and applications made, but not in effect, during the preceding

year.
N.D. Cent. Code § 29-32.1-10 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-10
29-32.1-10. Hearing - Evidence
Status: in_force

29-32.1-10. Hearing - Evidence

1. Evidence must be presented in open court, recorded, and preserved as part of the

record of the proceedings.

2. A certified record of previous proceedings may be used as evidence of facts and

occurrences established therein, but use of that record does not preclude either party

from offering additional evidence as to those facts and occurrences.

3. The deposition of a witness may be received in evidence, without regard to the

availability of the witness, if written notice of intention to use the deposition was given

in advance of the hearing and the deposition was taken subject to the right of

cross-examination.
N.D. Cent. Code § 29-34-01 — ND Code / Title 29 / Chapter 29-34 / Section 29-34-01
29-34-01. Agreement on detainers
Status: in_force

29-34-01. Agreement on detainers

The agreement on detainers is hereby enacted into law and entered into by this state with

all other jurisdictions legally joining therein in the form substantially as follows:

The contracting states solemnly agree that:

ARTICLE I

The party states find that charges outstanding against a prisoner, detainers based on

untried indictments, informations or complaints, and difficulties in securing speedy trial of

persons already incarcerated in other jurisdictions, produce uncertainties which obstruct

programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states

and the purpose of this agreement to encourage the expeditious and orderly disposition of such

charges and determination of the proper status of any and all detainers based on untried

indictments, informations or complaints. The party states also find that proceedings with

reference to such charges and detainers, when emanating from another jurisdiction, cannot

properly be had in the absence of cooperative procedures. It is the further purpose of this

agreement to provide such cooperative procedures.

ARTICLE II

As used in this agreement:

1. "State" shall mean a state of the United States; the United States of America; a

territory of possession of the United States; District of Columbia; the Commonwealth of

Puerto Rico;

2. "Sending state" shall mean a state in which a prisoner is incarcerated at the time that

he initiates a request for final disposition pursuant to Article III hereof or at the time that

a request for custody or availability is initiated pursuant to Article IV hereof;

3. "Receiving state" shall mean the state in which trial is to be had on an indictment,

information or complaint pursuant to Article III or Article IV hereof.

ARTICLE III

1. Whenever a person has entered upon a term of imprisonment in a penal or

correctional institution of a party state, and whenever during the continuance of the

term of imprisonment there is pending in any other party state any untried indictment,

information or complaint on the basis of which a detainer has been lodged against the

prisoner, he shall be brought to trial within one hundred eighty days after he shall have

caused to be delivered to the prosecuting officer and the appropriate court of the

prosecuting officer's jurisdiction written notice of the place of his imprisonment and his

request for a final disposition to be made of the indictment, information or complaint;

provided that for good cause shown in open court, the prisoner or his counsel being

present, the court having jurisdiction of the matter may grant any necessary or

reasonable continuance. The request of the prisoner shall be accompanied by a

certificate of the appropriate official having custody of the prisoner, stating the term of

commitment under which the prisoner is being held, the time already served, the time

remaining to be served on the sentence, the amount of good time earned, the time of

parole eligibility of the prisoner, and any decisions of the state parole agency relating

to the prisoner.

2. The written notice and request for final disposition referred to in paragraph 1 hereof

shall be given or sent by the prisoner to the official having custody of him, who shall

promptly forward it together with the certificate to the appropriate prosecuting official

and court by registered or certified mail, return receipt requested.

3. The official having custody of the prisoner shall promptly inform him of the source and

contents of any detainer lodged against him and shall also inform him of his right to

make a request for final disposition of the indictment, information or complaint on

which the detainer is based.

4. Any request for final disposition made by a prisoner pursuant to paragraph 1 hereof

shall operate as a request for final disposition of all untried indictments, informations or

complaints on the basis of which detainers have been lodged against the prisoner from

the state to whose prosecuting official the request for final disposition is specifically

directed. The official having custody of the prisoner shall forthwith notify all appropriate

prosecuting officers and courts in the several jurisdictions within the state to which the

prisoner's request for final disposition is being sent of the proceeding being initiated by

the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by

copies of the prisoner's written notice, request, and the certificate. If trial is not had on

any indictment, information or complaint contemplated hereby prior to the return of the

prisoner to the original place of imprisonment, such indictment, information or

complaint shall not be of any further force or effect, and the court shall enter an order

dismissing the same with prejudice.

5. Any request for final disposition made by a prisoner pursuant to paragraph 1 hereof

shall also be deemed to be a waiver of extradition with respect to any charge or

proceeding contemplated thereby or included therein by reason of paragraph 4 hereof,

and a waiver of extradition to the receiving state to serve any sentence there imposed

upon him, after completion of his term of imprisonment in the sending state. The

request for final disposition shall also constitute a consent by the prisoner to the

production of his body in any court where his presence may be required in order to

effectuate the purposes of this agreement and a further consent voluntarily to be

returned to the original place of imprisonment in accordance with the provisions of this

agreement. Nothing in this paragraph shall prevent the imposition of a concurrent

sentence if otherwise permitted by law.

6. Escape from custody by the prisoner subsequent to his execution of the request for

final disposition referred to in paragraph 1 hereof shall void the request.

ARTICLE IV

1. The appropriate officer of the jurisdiction in which an untried indictment, information or

complaint is pending shall be entitled to have a prisoner against whom he has lodged

a detainer and who is serving a term of imprisonment in any party state made

available in accordance with Article V, paragraph 1, hereof upon presentation of a

written request for temporary custody or availability to the appropriate authorities of the

state in which the prisoner is incarcerated; provided that the court having jurisdiction of

such indictment, information or complaint shall have duly approved, recorded and

transmitted the request; and provided further that there shall be a period of thirty days

after receipt by the appropriate authorities before the request be honored, within which

period the governor of the sending state may disapprove the request for temporary

custody or availability, either upon his own motion or upon motion of the prisoner.

2. Upon receipt of the officer's written request as provided in paragraph 1 hereof, the

appropriate authorities having the prisoner in custody shall furnish the officer with a

certificate stating the term of commitment under which the prisoner is being held, the

time already served, the time remaining to be served on the sentence, the amount of

good time earned, the time of parole eligibility of the prisoner, and any decisions of the

state parole agency relating to the prisoner. Said authorities simultaneously shall

furnish all other officers and appropriate courts in the receiving state who have lodged

detainers against the prisoner with similar certificates and with notices informing them

of the request for custody or availability and of the reasons therefor.

3. In respect of any proceeding made possible by this Article, trial shall be commenced

within one hundred twenty days of the arrival of the prisoner in the receiving state, but

for good cause shown in open court, the prisoner or his counsel being present, the

court having jurisdiction of the matter may grant any necessary or reasonable

continuance.

4. Nothing contained in the Article shall be construed to deprive any prisoner of any right

which he may have to contest the legality of his delivery as provided in paragraph 1

hereof, but such delivery may not be opposed or denied on the ground that the

executive authority of the sending state has not affirmatively consented to or ordered

such delivery.

5. If trial is not had on any indictment, information or complaint contemplated hereby prior

to the prisoner's being returned to the original place of imprisonment pursuant to

Article V, paragraph 5, hereof, such indictment, information or complaint shall not be of

any further force or effect, and the court shall enter an order dismissing the same with

prejudice.

ARTICLE V

1. In response to a request made under Article III or Article IV, hereof, the appropriate

authority in a sending state shall offer to deliver temporary custody of such prisoner to

the appropriate authority in the state where such indictment, information, or complaint

is pending against such person in order that speedy and efficient prosecution may be

had. If the request for final disposition is made by the prisoner, the offer of temporary

custody shall accompany the written notice provided for in Article III of this agreement.

In the case of federal prisoners, the appropriate authority in the receiving state shall be

entitled to temporary custody as provided by this agreement or to the prisoner's

presence in federal custody at the place for trial, whichever custodial arrangement

may be approved by the custodian.

2. The officer or other representative of a state accepting an offer of temporary custody

shall present the following upon demand:

a. Proper identification and evidence of his authority to act for the state into whose

temporary custody the prisoner is to be given.

b. A duly certified copy of the indictment, information, or complaint on the basis of

which the detainer has been lodged and on the basis of which a request for

temporary custody of the prisoner has been made.

3. If the appropriate authority shall refuse or fail to accept temporary custody of said

person, or in the event that an action on the indictment, information, or complaint on

the basis of which the detainer has been lodged is not brought to trial within the period

provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where

the indictment, information, or complaint has been pending shall enter an order

dismissing the same with prejudice, and any detainer based thereon shall cease to be

of any force or effect.

4. The temporary custody referred to in this agreement shall be only for the purpose of

permitting prosecution on the charge or charges contained in one or more untried

indictments, informations, or complaints which form the basis of the detainer or

detainers or for prosecution on any other charge or charges arising out of the same

transaction. Except for his attendance at court and while being transported to or from

any place at which his presence may be required, the prisoner shall be held in a

suitable jail or other facility regularly used for persons awaiting prosecution.

5. At the earliest practicable time consonant with the purposes of this agreement, the

prisoner shall be returned to the sending state.

6. During the continuance of temporary custody or while the prisoner is otherwise being

made available for trial as required by this agreement, time being served on the

sentence shall continue to run but good time shall be earned by the prisoner only if,

and to the extent that, the law and practice of the jurisdiction which imposed the

sentence may allow.

7. For all purposes other than that for which temporary custody as provided in this

agreement is exercised, the prisoner shall be deemed to remain in the custody of and

subject to the jurisdiction of the sending state and any escape from temporary custody

may be dealt with in the same manner as an escape from the original place of

imprisonment or in any other manner permitted by law.

8. From the time that a party state receives custody of a prisoner pursuant to this

agreement until such prisoner is returned to the territory and custody of the sending

state, the state in which the one or more untried indictments, informations, or

complaints are pending or in which trial is being had shall be responsible for the

prisoner and shall also pay all costs of transporting, caring for, keeping and returning

the prisoner. The provisions of this paragraph shall govern unless the states

concerned shall have entered into a supplementary agreement providing for a different

allocation of costs and responsibilities as between or among themselves. Nothing

herein contained shall be construed to alter or affect any internal relationship among

the departments, agencies, and officers of and in the government of a party state, or

between a party state and its subdivisions, as to the payment of costs, or

responsibilities therefor.

ARTICLE VI

1. In determining the duration and expiration dates of the time periods provided in Articles

III and IV of this agreement, the running of said time periods shall be tolled whenever

and for as long as the prisoner is unable to stand trial, as determined by the court

having jurisdiction of the matter.

2. No provision of this agreement, and no remedy made available by this agreement,

shall apply to any person who is adjudged to be mentally ill.

ARTICLE VII

Each state party to this agreement shall designate an officer who, acting jointly with like

officers of other party states shall promulgate rules and regulations to carry out more effectively

the terms and provisions of this agreement, and who shall provide, within and without the state,

information necessary to the effective operation of this agreement.

ARTICLE VIII

This agreement shall enter into full force and effect as to a party state when such state has

enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a

statute repealing the same. However, the withdrawal of any state shall not affect the status of

any proceedings already initiated by inmates or by state officers at the time such withdrawal

takes effect, nor shall it affect their rights in respect thereof.

ARTICLE IX

This agreement shall be liberally construed so as to effectuate its purposes. The provisions

of this agreement shall be severable and if any phrase, clause, sentence or provision of this

agreement is declared to be contrary to the constitution of any party state or of the United

States or the applicability thereof to any government, agency, person or circumstance is held

invalid, the validity of the remainder of this agreement and the applicability thereof to any

government, agency, person or circumstance shall not be affected thereby. If this agreement

shall be held contrary to the constitution of any state party hereto, the agreement shall remain in

full force and effect as to the remaining states and in full force and effect as to the state affected

as to all severable matters.
N.D. Cent. Code § 29-07-32 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-32
29-07-32. Record of magistrate to be kept on docket
Status: in_force

29-07-32. Record of magistrate to be kept on docket

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-26-08 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-08
29-26-08. Form of bench warrant
Status: in_force

29-26-08. Form of bench warrant

Superseded by N.D.R.Crim.P., Rule 58.
N.D. Cent. Code § 29-19-02 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-02
29-19-02. Right to speedy trial
Status: in_force

29-19-02. Right to speedy trial

In a criminal prosecution, the state and the defendant each shall have the right to a speedy

trial. The right to a speedy trial in a criminal case in which the charging instrument contains a

charge of a felony offense under section 19-03.1-23 or under chapter 12.1-20 is for the trial to

begin within ninety days of the date the party elects this right. The prosecution and the

defendant shall elect this right within fourteen days following the arraignment. The court may

allow the trial to begin later than ninety days of the arraignment for good cause.
N.D. Cent. Code § 29-29.5-01 — ND Code / Title 29 / Chapter 29-29.5 / Section 29-29.5-01
29-29.5-01. Definitions
Status: in_force

29-29.5-01. Definitions

1. "Benefit" means any of the following conferred on a confidential informant or a third

party:

a. Leniency in a criminal case or probation or parole matter, including a decision

whether to arrest or charge an offense or to limit the number or severity of

charges;

b. Sentence reduction of any kind or amount; or

c. A favorable sentencing or bond recommendation.

2. "Confidential informant" means an individual who cooperates with a law enforcement

agency and:

a. Is willing to attempt a controlled buy or controlled sale or agrees to surreptitiously

record a target offender; and

b. Seeks or is offered a benefit.

3. "Controlled buy" means the purchase or attempted purchase of contraband, controlled

substances, or other items material to a criminal investigation while under supervision

or direction of law enforcement.

4. "Controlled sale" means the sale or attempted sale of contraband, controlled

substances, or other items material to a criminal investigation while under supervision

or direction of enforcement.

5. "Informant agreement" means a written agreement describing the rights and

obligations of a confidential informant and law enforcement agency.

6. "Law enforcement agency" means an agency authorized by law to enforce the law and

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

7. "Target offender" means an individual suspected of a violation of the law, whose

identity is known or unknown, and who is the focus of an informant agreement.
N.D. Cent. Code § 29-26-20 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-20
29-26-20. Successive terms of imprisonment
Status: repealed

29-26-20. Successive terms of imprisonment

Repealed by S.L. 1973, ch. 116, § 41.
N.D. Cent. Code § 29-02-07 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-07
29-02-07. Complaint as to threatened offense
Status: in_force

29-02-07. Complaint as to threatened offense

A complaint within the meaning of section 29-02-06 is a statement in writing, made to a

magistrate, that a person has threatened to commit an offense against the person or property of

another, and subscribed and sworn to by the complainant.
N.D. Cent. Code § 29-28-27 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-27
29-28-27. Court may review intermediate orders
Status: in_force

29-28-27. Court may review intermediate orders

Superseded by N.D.R.App.P., Rule 35.
N.D. Cent. Code § 29-05-23 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-23
29-05-23. Warrant transmitted by telegraph
Status: in_force

29-05-23. Warrant transmitted by telegraph

Whenever a warrant for the arrest of a person accused of a crime or public offense is issued

by a magistrate, the delivery of the warrant by telegraph may be authorized by a judge of the

supreme or district court by an endorsement authorizing telegraphic delivery, at any place within

this state, upon the warrant of arrest under the hand of the judge, directed generally to any

peace officer in the state. After endorsement, a copy of the warrant may be sent by telegraph to

any peace officer within the state, and the copy is as effectual in the hands of any peace officer,

who shall serve the same and in all regards proceed thereunder, as though the peace officer

held an original warrant issued by the magistrate making the endorsement thereon.
N.D. Cent. Code § 29-07-24 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-24
29-07-24. Commitment - Procedure
Status: in_force

29-07-24. Commitment - Procedure

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-21-01 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-01
29-21-01. Order of trial
Status: in_force

29-21-01. Order of trial

The jurors having been impaneled and sworn, the trial must proceed in the following order:

1. If the information or indictment is for a felony, the clerk or state's attorney shall read it,

and shall state the plea of the defendant to the jury. In all other cases this formality

may be dispensed with.

2. The state's attorney, or other counsel for the state, shall open the case and offer the

evidence in support of the information or indictment.

3. The defendant or the defendant's counsel then may open the defense and offer the

defendant's evidence in support thereof.

4. The parties then, respectively, may offer rebutting testimony only, unless the court, for

good reason, in furtherance of justice, or to correct an evident oversight, permits them

to offer evidence upon their original case.

5. When the evidence is concluded, unless the case is submitted to the jury on either

side, or on both sides, without argument, the counsel for the state shall commence,

and the defendant or the defendant's counsel shall follow. Then the counsel for the

state shall conclude the argument to the jury.

6. The judge then shall charge the jury.
N.D. Cent. Code § 29-07-30 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-30
29-07-30. Information or indictment against corporation without preliminary hearing
Status: in_force

29-07-30. Information or indictment against corporation without preliminary hearing

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-29-12 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-12
29-29-12. Return of warrant
Status: in_force

29-29-12. Return of warrant

Superseded by N.D.R.Crim.P., Rule 41.
N.D. Cent. Code § 29-10.1-34 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-34
29-10.1-34. Finding indictment - Number of jurors required
Status: in_force

29-10.1-34. Finding indictment - Number of jurors required

An indictment cannot be found without the concurrence of at least six grand jurors.

Whenever so found, it must be endorsed "a true bill" and the endorsement must be signed by

the foreman of the grand jury. The names of the witnesses known to the grand jury must be

endorsed thereon before the indictment is presented to the court.
N.D. Cent. Code § 29-10.1-30 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-30
29-10.1-30. Secrecy of things said and votes - Limited disclosure by certain persons and under certain conditions
Status: in_force

29-10.1-30. Secrecy of things said and votes - Limited disclosure by certain persons

and under certain conditions.

1. Every member of a grand jury shall keep secret whatever that member or any other

grand juror may have said, or in what manner that member or any other grand juror

may have voted on a matter before the jurors.

2. Matters other than the deliberations and vote of any grand juror may be disclosed by

the state's attorney, prosecutor, or attorney general solely in the performance of the

person's duties.

3. Otherwise a juror, attorney, interpreter, reporter, or public servant, having official duties

in or about a grand jury room or proceeding, may disclose matters occurring before the

grand jury only when so directed by the court pursuant to section 29-10.1-31.

4. A witness may not disclose any matter about which the witness is interrogated, or any

proceedings of the grand jury had in the witness's presence, except to the witness's

attorney or when so directed by the court, until an indictment is filed and the accused

person is in custody.
N.D. Cent. Code § 29-26-16 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-16
29-26-16. Court to hear evidence - Degree of crime
Status: in_force

29-26-16. Court to hear evidence - Degree of crime

Upon a plea of guilty of a crime divided into degrees, the court, if such plea is accepted and

the defendant does not designate in the defendant's plea the degree thereof, before passing

sentence, shall determine the degree, and the provisions, so far as applicable, of section

29-26-18 and of rule 32 of the North Dakota Rules of Criminal Procedure shall govern in said

determination.
N.D. Cent. Code § 29-10.1-28 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-28
29-10.1-28. Who may be present during sessions of grand jury
Status: in_force

29-10.1-28. Who may be present during sessions of grand jury

No person may be present at a session of the grand jury, other than the witnesses under

examination, the judge while giving advice requested by the grand jury, the state's attorney or

prosecutor, the attorney general, and the reporter, or interpreter, if any. No person other than the

grand jurors may be present while the grand jurors are deliberating or voting, nor may the grand

jurors deliberate or vote while any other persons are present. Whenever the grand jury is

investigating the state's attorney or any person connected with the state's attorney's office,

neither the state's attorney nor any of the state's attorney's assistants or staff may be present

before such grand jury during the time of such investigation, except as a witness and, after such

appearance as a witness, shall leave the place where the grand jury is in session.
N.D. Cent. Code § 29-26-17 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-17
29-26-17. Extent of punishment - Aggravation or mitigation - Hearing
Status: in_force

29-26-17. Extent of punishment - Aggravation or mitigation - Hearing

After a plea or verdict of guilty, in a case when a discretion is conferred upon the court as to

the extent of the punishment, the court, upon the suggestion of either party that there are

circumstances which may be properly taken into view, either in aggravation or mitigation of the

punishment, in its discretion, may hear the same summarily at a specified time, and upon such

notice to the adverse party as it may direct.
N.D. Cent. Code § 29-26-05 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-05
29-26-05. Officer to produce defendant
Status: in_force

29-26-05. Officer to produce defendant

When the defendant is in custody, the court may direct the officer in whose custody the

defendant is to bring the defendant before it for judgment, and the officer must do so

accordingly.
N.D. Cent. Code § 29-30.3-13 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-13
29-30.3-13. (3-106) Rights of demanded person
Status: in_force

29-30.3-13. (3-106) Rights of demanded person

1. A person arrested under a governor's warrant must be brought before the nearest

available magistrate who shall receive the warrant and inform the person of:

a. The name of the state demanding extradition;

b. The crime charged or other basis for the demand;

c. The right to assistance of counsel; and

d. The right to a judicial hearing under section 29-30.3-14.

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

may waive the right to a judicial hearing and consent to return to the demanding 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 executive authority of the demanding state,

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 demanded person and the state's attorney of the county in which the

hearing is to be held must be informed of the time and the 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 § 29-06.1-03 — ND Code / Title 29 / Chapter 29-06.1 / Section 29-06.1-03
29-06.1-03. Court appearance
Status: in_force

29-06.1-03. Court appearance

1. The district judge shall inform the person appearing under section 29-06.1-02 of the

name of the tribe that has subjected the person to an arrest warrant, the basis for the

arrest warrant, the right to assistance of counsel, and the right to require a judicial

hearing before transfer of custody to the applicable tribal authority.

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

may waive the right to require a judicial hearing and consent to return to the applicable

tribal authority by executing a written waiver in the presence of the judge. If the waiver

is executed, the judge shall issue an order to transfer custody under section

29-06.1-04 or, with the consent of the applicable tribal authority, authorize the

voluntary return of the person to that authority.

3. If a hearing is not waived under subsection 2, the district judge shall hold a hearing

within three days, excluding weekends and holidays, after the appearance. The

arrested 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 judge shall release

the person upon conditions that will reasonably assure availability of the person for the

hearing or direct a law enforcement officer to maintain custody of the person until the

time of the hearing. Following the hearing, the judge shall issue an order to transfer

custody under section 29-06.1-04 unless the arrested person establishes by clear and

convincing evidence that the arrested person is not the person identified in the

warrant.

4. If the judge does not order transfer of custody, the judge shall order the arrested

person to be released.
N.D. Cent. Code § 29-32.1-12 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-12
29-32.1-12. Affirmative defenses - Res judicata - Misuse of process
Status: in_force

29-32.1-12. Affirmative defenses - Res judicata - Misuse of process

1. An application for postconviction relief may be denied on the ground that the same

claim or claims were fully and finally determined in a previous proceeding.

2. A court may deny relief on the ground of misuse of process. Process is misused when

the applicant:

a. Presents a claim for relief which the applicant inexcusably failed to raise either in

a proceeding leading to judgment of conviction and sentence or in a previous

postconviction proceeding; or

b. Files multiple applications containing a claim so lacking in factual support or legal

basis as to be frivolous.

3. Res judicata and misuse of process are affirmative defenses to be pleaded by the

state. The burden of proof is also upon the state, but, as to any ground for relief which,

by statute or rule of court, must be presented as a defense or objection at a specified

stage of a criminal prosecution, the applicant shall show good cause for

noncompliance with the statute or rule.
N.D. Cent. Code § 29-21-27 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-27
29-21-27. Custody and conduct of jury
Status: in_force

29-21-27. Custody and conduct of jury

The jurors sworn to try a criminal action, at any time before the cause is submitted to the

jurors, in the discretion of the court, may be permitted to separate, or may be kept in charge of

proper officers. The officers must be sworn to keep the jurors together until the next meeting of

the court, to suffer no person to speak to nor communicate with them, nor to do so themselves,

on any subject connected with the trial, and to return them into court at the next meeting thereof.
N.D. Cent. Code § 29-08-03.1 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-03.1
29-08-03.1. Supreme court uniform bail schedule initiative - Report
Status: in_force

29-08-03.1. Supreme court uniform bail schedule initiative - Report

1. The supreme court shall establish a uniform bail schedule to apply when an individual

has been taken into custody and has not yet appeared before the district court for a

violation of a state offense to achieve substantial uniformity of bail in district court.

2. The uniform bail schedule must be established in cooperation with the district court.

3. When establishing the uniform bail schedule, the supreme court shall consider the

following factors when setting the standard amount of bail:

a. Maintaining public safety;

b. The severity of the offense justifying the bail amount;

c. The need to assure defendants appear for court hearings;

d. Equal treatment within the judicial system;

e. Constitutional limits and requirements related to bail;

f. Prohibiting excessive bail; and

g. Any other factors considered by the supreme court to be relevant.

4. The supreme court may adjust the standard bail amounts established by the uniform

bail schedule as needed or when requested by the district court.

5. The uniform bail schedule must be implemented by August 1, 2024.

6. Before September 1, 2024, the supreme court shall provide a report to the legislative

management regarding the implementation of the uniform bail schedule and the

standard amount of bail for each state offense.
N.D. Cent. Code § 29-21-25 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-25
29-21-25. Court must discharge accused - Exception
Status: in_force

29-21-25. Court must discharge accused - Exception

If a jury is discharged because the facts as charged do not constitute an offense punishable

by law, the court shall order that the defendant, if in custody, be discharged therefrom, or, if

admitted to bail, that the defendant's bail be exonerated, or if the defendant has deposited

money instead of bail, that the money deposited be refunded to the defendant, unless in its

opinion a new information or indictment can be framed upon which the defendant can be legally

convicted, in which case it may direct the state's attorney to file a new information, or, if an

information cannot be legally filed sooner, it may direct that the case be submitted to the same

or another grand jury, and the provisions of rule 12 of the North Dakota Rules of Criminal

Procedure, so far as applicable, as to the time and manner of the prosecution, govern the

further proceedings under this section.
N.D. Cent. Code § 29-34-07 — ND Code / Title 29 / Chapter 29-34 / Section 29-34-07
29-34-07. Attorney general shall be the administrator
Status: in_force

29-34-07. Attorney general shall be the administrator

The attorney general is hereby designated as the officer who must be the central

administrator of and information agent for the agreement on detainers as provided in Article VII

of the agreement.
N.D. Cent. Code § 29-07-12 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-12
29-07-12. How witnesses examined
Status: in_force

29-07-12. How witnesses examined

Superseded by N.D.R.Crim.P., Rule 5.1.
N.D. Cent. Code § 29-23-11 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-11
29-23-11. An error in record basis of motion for new trial or appeal
Status: in_force

29-23-11. An error in record basis of motion for new trial or appeal

Any error committed by the court in or by any decision, ruling, instruction, or other act, and

appearing in the record of the action, may be taken advantage of upon a motion for a new trial

or in the supreme court on an appeal.
N.D. Cent. Code § 29-01-29 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-29
29-01-29. Rule of construction of title
Status: in_force

29-01-29. Rule of construction of title

The rule of the common law that penal statutes are to be strictly construed has no

application to this title. This title establishes the law of this state respecting the subjects to which

it relates, and its provisions and all proceedings under it are to be liberally construed with a view

to promoting its objects and in furtherance of justice.
N.D. Cent. Code § 29-12-14 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-14
29-12-14. Default of a corporation or limited liability company - Plea - Fine collected
Status: in_force

29-12-14. Default of a corporation or limited liability company - Plea - Fine collected

Whenever a sheriff or other officer returns a summons issued as is provided in section

29-12-13 with the officer's certificate showing due service thereof, the corporation or limited

liability company, if it does not appear on and after the day appointed in such summons for its

appearance, must be considered in default and the court shall order the clerk to enter a plea of

not guilty for said corporation or limited liability company in the minutes of the court, and all

further proceedings must be had in said action as if the corporation or limited liability company

had appeared and pleaded not guilty to the information or indictment. If upon the trial the

corporation or limited liability company is found guilty, the court shall impose a fine upon it as

prescribed by law and shall enter judgment for the amount of such fine and the costs of said

action in the same manner as on a judgment in a civil action.
N.D. Cent. Code § 29-21-15 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-15
29-21-15. Mistake in offense charged - Other proceedings
Status: in_force

29-21-15. Mistake in offense charged - Other proceedings

When it appears, at any time before verdict or judgment, that a mistake has been made in

charging the proper offense, the defendant must not be discharged, if there appears good cause

to detain the defendant in custody, but the court shall commit the defendant, or require the

defendant to give bail for the defendant's appearance to answer to the offense, and also may

require the witnesses to give bail for their appearance. The provisions of rule 12 of the North

Dakota Rules of Criminal Procedure as to the manner and time of prosecution, so far as

applicable, govern the further proceedings under this section.
N.D. Cent. Code § 29-07-25 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-25
29-07-25. Form of commitment
Status: in_force

29-07-25. Form of commitment

Superseded by N.D.R.Crim.P., Rules 5.1, 58.
N.D. Cent. Code § 29-16-01 — ND Code / Title 29 / Chapter 29-16 / Section 29-16-01
29-16-01. Issue of fact
Status: repealed

29-16-01. Issue of fact

Repealed by S.L. 2023, ch. 304, § 1.
N.D. Cent. Code § 29-33-03 — ND Code / Title 29 / Chapter 29-33 / Section 29-33-03
29-33-03. When charges brought to trial - Dismissal
Status: in_force

29-33-03. When charges brought to trial - Dismissal

Within ninety days after the receipt of the request and certificate by the court and

prosecuting official or within such additional time as the court for good cause shown in open

court may grant, the prisoner or the prisoner's counsel being present, the indictment,

information, or complaint must be brought to trial, but the parties may stipulate for a continuance

or a continuance may be granted on notice to the attorney of record and opportunity for the

attorney to be heard. If, after such a request, the indictment, information, or complaint is not

brought to trial within that period, no court of this state any longer has jurisdiction thereof, nor

may the untried indictment, information, or complaint be of any further force or effect, and the

court shall dismiss it with prejudice.
N.D. Cent. Code § 29-22-13 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-13
29-22-13. Jurors may be polled - Procedure
Status: in_force

29-22-13. Jurors may be polled - Procedure

Superseded by N.D.R.Crim.P., Rule 31.
N.D. Cent. Code § 29-05-06 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-06
29-05-06. When a warrant of arrest to be issued
Status: in_force

29-05-06. When a warrant of arrest to be issued

Superseded by N.D.R.Crim.P., Rule 4.
N.D. Cent. Code § 29-02-17 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-17
29-02-17. Procedure when parties appear
Status: in_force

29-02-17. Procedure when parties appear

If the complainant and accused both appear, as is required by sections 29-02-15 and

29-02-16, the court may hear their proofs and allegations, and may discharge the undertaking or

require a new one for a time not exceeding one year.
N.D. Cent. Code § 29-06-05.2 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-05.2
29-06-05.2. Federal law enforcement officer - Authority to make arrests
Status: in_force

29-06-05.2. Federal law enforcement officer - Authority to make arrests

1. "Federal agent" means an employee of the federal bureau of investigation; the federal

drug enforcement administration; the bureau of alcohol, tobacco, firearms and

explosives; the homeland security investigations unit of the department of homeland

security; the bureau of Indian affairs police; the United States marshals service; or the

United States customs and border protection who is authorized to arrest, with or

without a warrant, any individual for a violation of the United States Code and carry a

firearm in the performance of the employee's duties as a federal law enforcement

officer.

2. A federal agent has the same authority and immunity as a peace officer in this state

when making an arrest for a nonfederal crime if any of the following exist:

a. The federal agent has reasonable grounds to believe that a felony offense was

committed and the individual arrested committed the offense.

b. The federal agent is rendering assistance to a peace officer in an emergency or

at the request of the peace officer.

c. The federal agent is working as a part of a task force composed of North Dakota

peace officers and federal law enforcement officers.

3. Any agreement entered under this section relating to reciprocal jurisdiction between a

public agency and a tribal government must be made pursuant to chapter 54-40.2.
N.D. Cent. Code § 29-10.1-24 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-24
29-10.1-24. Member must report known offense and must give evidence
Status: in_force

29-10.1-24. Member must report known offense and must give evidence

If a member of a grand jury knows or has reason to believe that a public offense which is

triable in the county has been committed, the member shall declare such fact to the member's

fellow jurors, who shall investigate the same. In such investigation, the grand juror may be

sworn as a witness.
N.D. Cent. Code § 29-01-09 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-09
29-01-09. How conviction can be had
Status: in_force

29-01-09. How conviction can be had

No person can be convicted of a crime or public offense except:

1. By the verdict of a jury accepted and recorded by the court;

2. Upon a plea of guilty;

3. Upon a judgment against that person, that person's motion to quash having been

denied;

4. Upon a judgment of a municipal court, or such other court as is or may be created by

law for cities in a case in which such judgment may be lawfully given without the

intervention of a jury; or

5. By the judgment of a court, a jury having been waived.
N.D. Cent. Code § 29-23-06 — ND Code / Title 29 / Chapter 29-23 / Section 29-23-06
29-23-06. Instructions excepted to part of record
Status: in_force

29-23-06. Instructions excepted to part of record

Superseded by N.D.R.Crim.P., Rules 30, 51.
N.D. Cent. Code § 29-05-28 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-28
29-05-28. Summons against corporation
Status: in_force

29-05-28. Summons against corporation

Superseded by N.D.R.Crim.P., Rule 4.
N.D. Cent. Code § 29-03-17 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-17
29-03-17. Bringing stolen property into state
Status: in_force

29-03-17. Bringing stolen property into state

The jurisdiction of a criminal action for stealing in any state, country, or territory, the property

of another, or receiving it, knowing it to have been stolen, and bringing the same into this state,

is in any county into which such stolen property has been brought.
N.D. Cent. Code § 29-07-01.1 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-01.1
29-07-01.1. Payment of expenses for defense of indigents - Indigent defense administration fund - Continuing appropriation
Status: in_force

29-07-01.1. Payment of expenses for defense of indigents - Indigent defense

administration fund - Continuing appropriation.

1. Lawyers provided to represent indigent persons must be compensated at a reasonable

rate to be determined by the commission on legal counsel for indigents. Expenses

necessary for the adequate defense of an indigent person prosecuted in district court,

other than for a violation of a home rule county's ordinance, when approved by the

commission, must be paid by the state. Expenses necessary for the adequate defense

of an indigent person prosecuted for violation of a home rule county's ordinance must

be paid by the home rule county. Expenses necessary for the adequate defense of an

indigent person prosecuted for a violation of a municipal ordinance, when approved by

the judge, must be paid by the city in which the alleged offense took place. The city

shall pay the expenses in any matter transferred to district court under section

40-18.1-18, 40-18.1-23, 40-18.1-24, or 40-18.1-25, in any appeal taken to district court

from a judgment of conviction in municipal court under section 40-18.1-19 or

40-18.1-20, and in an appeal or postconviction matter seeking relief from a conviction

resulting from violation of a municipal ordinance. A defendant requesting

representation by counsel at public expense, or for whom counsel provided at public

expense without a request is considered appropriate by the court, shall submit an

application for indigent defense services.

2. The indigent defense administration fund is a special fund in the state treasury. The

state treasurer shall deposit in the fund all application fees collected under

subsection 1. All moneys in the indigent defense administration fund are appropriated

on a continuing basis to the commission on legal counsel for indigents to be used in

the administration of the indigent defense system.
N.D. Cent. Code § 29-08-18 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-18
29-08-18. Form of undertaking of bail
Status: in_force

29-08-18. Form of undertaking of bail

Superseded by N.D.R.Crim.P., Rules 46, 58.
N.D. Cent. Code § 29-05-21 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-21
29-05-21. Officer not liable to arrest while in charge of a person arrested
Status: in_force

29-05-21. Officer not liable to arrest while in charge of a person arrested

While having in charge any person arrested in a criminal action or proceeding, neither the

officer, nor any of the officer's assistants, is liable to arrest on civil process, and such officer is

authorized to require any citizen to aid in securing the accused and to retake the accused, if the

accused escapes, in any part of the state, as if the officer were within the officer's own county. A

refusal or neglect to render such aid is an offense in the same manner as if the arresting officer

were an officer of the county where such aid is required.
N.D. Cent. Code § 29-22-35 — ND Code / Title 29 / Chapter 29-22 / Section 29-22-35
29-22-35. When conviction or acquittal a bar
Status: in_force

29-22-35. When conviction or acquittal a bar

If the defendant has been convicted or acquitted upon an information or indictment for an

offense consisting of different degrees, the conviction or acquittal is a bar to another information

or indictment for the offense charged or for any lower degree of that offense or for an offense

necessarily included therein.
N.D. Cent. Code § 29-01-31 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-31
29-01-31. Common law prevails when title silent
Status: in_force

29-01-31. Common law prevails when title silent

Superseded by N.D.R.Crim.P., Rule 1.
N.D. Cent. Code § 29-27-05 — ND Code / Title 29 / Chapter 29-27 / Section 29-27-05
29-27-05. Judgment of imprisonment in department of corrections and rehabilitation
Status: in_force

29-27-05. Judgment of imprisonment in department of corrections and rehabilitation

If the judgment is for commitment to the legal and physical custody of the department of

corrections and rehabilitation, the sheriff of the county, upon receipt of a certified copy thereof,

shall take and deliver the defendant to the correctional facility designated by the department.

The sheriff also shall deliver to the department a certified copy of the judgment and take from

the department a receipt for the defendant and make return thereof to the court.
N.D. Cent. Code § 29-01-32 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-32
29-01-32. Defendant required to disclose information to prosecuting attorney
Status: repealed

29-01-32. Defendant required to disclose information to prosecuting attorney

Repealed by S.L. 1997, ch. 51, § 40.
N.D. Cent. Code § 29-21-20 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-20
29-21-20. Disposition of accused on discharge of jury
Status: in_force

29-21-20. Disposition of accused on discharge of jury

If the jury is discharged because the court has not jurisdiction of the offense charged, and it

appears that it was committed out of the jurisdiction of this state, the defendant must be

discharged, unless the court orders that the defendant be detained for a reasonable time, to be

specified in the order, to enable the state's attorney to communicate with the chief executive

officer of the country, state, territory, or district where the offense charged was committed.
N.D. Cent. Code § 29-17-07 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-07
29-17-07. When jurors discharged names returned to box
Status: repealed

29-17-07. When jurors discharged names returned to box

Repealed by S.L. 2009, ch. 280, § 3.
N.D. Cent. Code § 29-25-02 — ND Code / Title 29 / Chapter 29-25 / Section 29-25-02
29-25-02. Grounds for arrest of judgment
Status: in_force

29-25-02. Grounds for arrest of judgment

Superseded by N.D.R.Crim.P., Rule 34.
N.D. Cent. Code § 29-29-01 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-01
29-29-01. Search warrant defined
Status: in_force

29-29-01. Search warrant defined

A search warrant is an order in writing, made in the name of the state, signed by a

magistrate, directed to a peace officer, commanding the peace officer to search for personal

property and to bring it before the magistrate.
N.D. Cent. Code § 29-05-05 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-05
29-05-05. Witnesses other than complainant
Status: in_force

29-05-05. Witnesses other than complainant

Every person making complaint charging the commission of a crime or public offense shall

inform the magistrate of all persons whom the person believes to have any knowledge of its

commission, and the magistrate, at the time of issuing the warrant, may issue subpoenas for

such persons, requiring them to attend at a specified time and place as witnesses.
N.D. Cent. Code § 29-28-18 — ND Code / Title 29 / Chapter 29-28 / Section 29-28-18
29-28-18. Transmission of papers to supreme court
Status: in_force

29-28-18. Transmission of papers to supreme court

Superseded by N.D.R.App.P., Rule 11.
N.D. Cent. Code § 29-17-02 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-02
29-17-02. How trial jury formed
Status: in_force

29-17-02. How trial jury formed

A trial jury for a criminal action must be formed in the same manner as a trial jury in a civil

action.
N.D. Cent. Code § 29-06-08 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-08
29-06-08. When arrest made for felony, misdemeanor, or infraction
Status: in_force

29-06-08. When arrest made for felony, misdemeanor, or infraction

An arrest for a felony, misdemeanor, or infraction may be made on any day and at any time

of the day or night.
N.D. Cent. Code § 29-29-20 — ND Code / Title 29 / Chapter 29-29 / Section 29-29-20
29-29-20. Search of accused for dangerous weapons - Circumstances permitting
Status: in_force

29-29-20. Search of accused for dangerous weapons - Circumstances permitting

When a person charged with a felony is supposed by the magistrate before whom the

person is brought to have possession of a dangerous weapon, or anything which may be used

as evidence of the commission of the offense, the magistrate may direct the person to be

searched in the magistrate's presence, and the weapon or other thing to be retained, subject to

the magistrate's order or the order of the court in which the defendant may be tried.
N.D. Cent. Code § 29-01-28 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-28
29-01-28. Spectators excluded from trial of minors
Status: repealed

29-01-28. Spectators excluded from trial of minors

Repealed by S.L. 1995, ch. 124, § 21.
N.D. Cent. Code § 29-31.1-01 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-01
29-31.1-01. Definitions
Status: in_force

29-31.1-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Forfeitable property" means any of the following:

a. Property that is illegally possessed or is contraband.

b. Property that has been used or is intended to be used to facilitate the commission

of a criminal offense or to avoid detection or apprehension of a person committing

a criminal offense. For purposes of this subdivision, property does not include a

residence or other real estate where a co-owner, whether by joint tenancy,

tenancy in common, or tenancy by the entireties, of the residence or other real

estate, has not been convicted of the criminal offense that was facilitated by the

use or intended use of the property.

c. Property that is acquired as or from the proceeds of a criminal offense.

d. Property offered or given to another as an inducement for the commission of a

criminal offense.

e. A vehicle or other means of transportation used in the commission of a felony, the

escape from the scene of the commission of a felony, or in the transportation of

property that is the subject matter of a felony.

f. Personal property used in the theft of livestock or the transportation of stolen

livestock.

2. "Seized property" means property taken or held by any law enforcement agency in the

course of that agency's official duties with or without the consent of the person, if any,

who had possession or a right to possession of the property at the time it was taken

into custody.

3. "Seizing agency" is the law enforcement agency that has taken possession of or

seized property in the course of that agency's official duties.
N.D. Cent. Code § 29-29.6-02 — ND Code / Title 29 / Chapter 29-29.6 / Section 29-29.6-02
29-29.6-02. Tracking warrant required for location information
Status: in_force

29-29.6-02. The period of extension must be for a period not to exceed sixty days, or

the period of time necessary to achieve the objective for which it is granted, whichever

is less.

3. Subsections 1 and 2 apply only to tracking warrants issued for the contemporaneous

collection of electronic device location information.
N.D. Cent. Code § 29-26-23 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-23
29-26-23. Judgment upon conviction entered in minutes - Record
Status: in_force

29-26-23. Judgment upon conviction entered in minutes - Record

When judgment upon a conviction is rendered, the clerk shall enter the same upon the

minutes, stating briefly the offense for which the conviction has been had, and, as soon as

possible, shall annex together and file the following papers which constitute a record of the

action:

1. The information or indictment and all the papers filed in the action, together with a

copy of the minutes of the plea;

2. A copy of the minutes of the trial;

3. The written charges given or refused, with endorsements, if any, thereon, and the

written instructions given by the court, and the copy of any oral instructions by the

court and filed with the clerk; and

4. A copy of the judgment.
N.D. Cent. Code § 29-05-26 — ND Code / Title 29 / Chapter 29-05 / Section 29-05-26
29-05-26. Arrest directed by telegraph
Status: in_force

29-05-26. Arrest directed by telegraph

In all cases in which by law a peace officer of this state may arrest a person without a

warrant, or having a warrant for the arrest of a person accused of a crime or public offense

when the person otherwise may escape from this state, the peace officer may direct any other

peace officer in this state, by telegraph, to arrest the person, who must be designated by name

or description or both.
N.D. Cent. Code § 29-21-34 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-34
29-21-34. Defendant may be committed
Status: in_force

29-21-34. Defendant may be committed

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-33-08 — ND Code / Title 29 / Chapter 29-33 / Section 29-33-08
29-33-08. Citation of chapter
Status: in_force

29-33-08. Citation of chapter

This chapter may be cited as the Uniform Mandatory Disposition of Detainers Act.
N.D. Cent. Code § 29-02-03 — ND Code / Title 29 / Chapter 29-02 / Section 29-02-03
29-02-03. Third person may resist offense
Status: in_force

29-02-03. Third person may resist offense

Any person, in aid or defense of a person about to be injured by a public offense, may make

resistance sufficient to prevent the offense.
N.D. Cent. Code § 29-12-02 — ND Code / Title 29 / Chapter 29-12 / Section 29-12-02
29-12-02. Warrant of arrest
Status: in_force

29-12-02. Warrant of arrest

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-08-09 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-09
29-08-09. Admission to bail after conviction
Status: in_force

29-08-09. Admission to bail after conviction

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-31.1-09 — ND Code / Title 29 / Chapter 29-31.1 / Section 29-31.1-09
29-31.1-09. Disposition of forfeitable property held as evidence in criminal proceeding
Status: in_force

29-31.1-09. Disposition of forfeitable property held as evidence in criminal

proceeding.

Notwithstanding other provisions of this chapter, in the case of forfeitable property seized

and held as evidence of the commission of a criminal offense, the court in which a criminal

prosecution was commenced may issue its order, upon motion and after hearing unless waived,

for disposition of the property in accordance with this chapter. Notice of the motion must be

served in accordance with the North Dakota Rules of Civil Procedure upon the owner and all

persons known to be claiming an interest in the property to be forfeited. The notice must be

served at least twenty days before a hearing on the motion unless the time period is waived by

all parties claiming an interest in the property. The motion must contain the information required

in a complaint as set forth in section 19-03.1-36.3. Although no separate forfeiture proceeding is

required to be instituted under this section, all other provisions of this chapter apply to

proceedings commenced pursuant to this section.
N.D. Cent. Code § 29-19-04 — ND Code / Title 29 / Chapter 29-19 / Section 29-19-04
29-19-04. Cause for postponement
Status: in_force

29-19-04. Cause for postponement

Any cause that would be considered adequate for a postponement of a civil action is

sufficient in a criminal action.
N.D. Cent. Code § 29-03-22 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-22
29-03-22. Venue of multiple theft offenses involving credit cards
Status: in_force

29-03-22. Venue of multiple theft offenses involving credit cards

If any of a series of thefts can be charged as one offense for purposes of grading under

subsection 7 of section 12.1-23-05, if each of those thefts involved the use of a credit card, and

if the total value of the property or services stolen is at least fifty dollars, venue for the criminal

action, in which the series of thefts is charged as one offense, is in any county where any of the

thefts was committed.
N.D. Cent. Code § 29-21-30 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-30
29-21-30. Instructing the jury - Procedure
Status: in_force

29-21-30. Instructing the jury - Procedure

Superseded by N.D.R.Crim.P., Rule 30.
N.D. Cent. Code § 29-03-13 — ND Code / Title 29 / Chapter 29-03 / Section 29-03-13
29-03-13. Conviction or acquittal in another state bar to prosecution
Status: in_force

29-03-13. Conviction or acquittal in another state bar to prosecution

When an act charged as a public offense is within the jurisdiction of another state, country,

or territory as well as in this state, a conviction or acquittal thereof in the former is a bar to a

prosecution or indictment therefor in this state.
N.D. Cent. Code § 29-07-02 — ND Code / Title 29 / Chapter 29-07 / Section 29-07-02
29-07-02. Waiver of examination
Status: in_force

29-07-02. Waiver of examination

Superseded by N.D.R.Crim.P., Rule 5.
N.D. Cent. Code § 29-08-06 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-06
29-08-06. Bail on appeal after conviction
Status: in_force

29-08-06. Bail on appeal after conviction

Superseded by N.D.R.Crim.P., Rule 46.
N.D. Cent. Code § 29-10.1-23 — ND Code / Title 29 / Chapter 29-10.1 / Section 29-10.1-23
29-10.1-23. Grand jurors entitled to access to prisons and public records
Status: in_force

29-10.1-23. Grand jurors entitled to access to prisons and public records

Grand jurors are entitled to free access, at all reasonable times, to public prisons, and to the

examination, without charge, of all public records in the county.
N.D. Cent. Code § 29-26-21 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-21
29-26-21. Judgment for fine and costs
Status: in_force

29-26-21. Judgment for fine and costs

A judgment that the defendant pay a fine and costs may not direct that the defendant be

imprisoned until both the fine and costs are satisfied. Response to nonpayment of a fine must

be as provided in section 12.1-32-05.
N.D. Cent. Code § 29-21-13 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-13
29-21-13. Forgery - Proof on trial
Status: in_force

29-21-13. Forgery - Proof on trial

Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated

company or bank, or for passing, or attempting to pass, or having in possession with intent to

pass, any such forged bill or note, it is not necessary to prove the incorporation of such bank or

company by the charter or act of incorporation, but it may be proved by general reputation, and

persons of skill are competent witnesses to prove that such bill or note is forged or

counterfeited.
N.D. Cent. Code § 29-06-18 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-18
29-06-18. Arrest by bystander
Status: in_force

29-06-18. Arrest by bystander

An officer may take before a magistrate a person who, while engaged in a breach of the

peace, is arrested by a bystander and delivered to the officer.
N.D. Cent. Code § 29-08-26 — ND Code / Title 29 / Chapter 29-08 / Section 29-08-26
29-08-26. Bail pending extradition
Status: in_force

29-08-26. Bail pending extradition

Pending the determination of habeas corpus proceedings, a person taken into custody

under a warrant issued by the governor of this state upon the requisition of the governor of

another state or territory at the discretion of the court or judge may be admitted to bail by the

court or judge issuing the writ of habeas corpus.
N.D. Cent. Code § 29-06-05.1 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-05.1
29-06-05.1. Foreign officer providing transportation for law enforcement purposes
Status: in_force

29-06-05.1. Foreign officer providing transportation for law enforcement purposes

Any member of a duly organized state, county, or municipal law enforcement unit of another

state of the United States who enters this state to perform an assigned duty of transporting

persons in legal custody for law enforcement purposes has the same authority to transport

persons in legal custody as any member of any duly organized state, county, or municipal law

enforcement unit of this state if a reciprocal right to transport persons in legal custody is

extended to North Dakota peace officers in the peace officer's state or local jurisdiction.
N.D. Cent. Code § 29-06-14 — ND Code / Title 29 / Chapter 29-06 / Section 29-06-14
29-06-14. Officer may break door
Status: in_force

29-06-14. Officer may break door

An officer may break open any door or window of a dwelling house to execute a warrant of

arrest, or to make such arrest for a felony without a warrant, as is provided in section 29-06-15,

if, after notice of the officer's authority and purpose, the officer is refused admittance.
N.D. Cent. Code § 29-21-35 — ND Code / Title 29 / Chapter 29-21 / Section 29-21-35
29-21-35. Death or illness of juror - Procedure
Status: in_force

29-21-35. Death or illness of juror - Procedure

Superseded by N.D.R.Crim.P., Rule 24.
N.D. Cent. Code § 29-32.1-13 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-13
29-32.1-13. Reimbursement of costs and litigation expenses
Status: in_force

29-32.1-13. Reimbursement of costs and litigation expenses

If an application is denied, the state may move for an order requiring the applicant to

reimburse the state for costs and for litigation expenses paid for the applicant from public funds.

The court may grant the motion if it finds that the applicant's claim is so completely lacking in

factual support or legal basis as to be frivolous or that the applicant has deliberately misused

process. The court may require reimbursement of costs and expenses only to the extent

reasonable in light of the applicant's present and probable future financial resources.
N.D. Cent. Code § 29-26-10 — ND Code / Title 29 / Chapter 29-26 / Section 29-26-10
29-26-10. Disposition of defendant on arrest
Status: in_force

29-26-10. Disposition of defendant on arrest

Whether a bench warrant issued as provided in section 29-26-06 is served in the county in

which it was issued or in another county, the officer shall arrest the defendant and bring the

defendant before the court, or commit the defendant to the officer mentioned in the warrant,

according to the command thereof.
N.D. Cent. Code § 29-17-46 — ND Code / Title 29 / Chapter 29-17 / Section 29-17-46
29-17-46. Peremptory challenges taken
Status: in_force

29-17-46. Peremptory challenges taken

If all challenges on both sides are disallowed, either party, first the state and then the

defendant, may take a peremptory challenge, unless the party's peremptory challenges are

exhausted.
N.D. Cent. Code § 29-32.1-07 — ND Code / Title 29 / Chapter 29-32.1 / Section 29-32.1-07
29-32.1-07. Amended and supplemental pleadings
Status: in_force

29-32.1-07. Amended and supplemental pleadings

1. The court may make appropriate orders allowing amendment of the application or any

pleading or motion, allowing further pleadings or motions, or extending the time for

filing any pleading.

2. At any time before the entry of judgment, the court, for good cause, may grant leave to

withdraw the application without prejudice.
N.D. Cent. Code § 29-30.3-23 — ND Code / Title 29 / Chapter 29-30.3 / Section 29-30.3-23
29-30.3-23. (5-103) Cost of return
Status: in_force

29-30.3-23. (5-103) Cost of return

Unless the states otherwise agree, the state to which the person is being returned shall pay

the cost of returning the person incurred after transfer of custody to its agent.
N.D. Cent. Code § 29-01-19 — ND Code / Title 29 / Chapter 29-01 / Section 29-01-19
29-01-19. Compromise limited
Status: in_force

29-01-19. Compromise limited

A public offense may not be compromised, nor may any proceeding for the prosecution or

punishment of a public offense, upon a compromise, be stayed except as is provided in sections

29-01-16 and 29-01-17.
N.D. Cent. Code § 29-15-18 — ND Code / Title 29 / Chapter 29-15 / Section 29-15-18
29-15-18. Jurors not to be excused by disqualified judge
Status: repealed

29-15-18. Jurors not to be excused by disqualified judge

Repealed by S.L. 1951, ch. 203, § 1.