Title 29 — Judicial Procedure, Criminal
48 chapters · 631 sections in this title.
N.D.C.C. § 29-26-01 Judgment after conviction - Time
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Superseded by N.D.R.Crim.P., Rule 32.
N.D.C.C. § 29-26-02 Time specified for pronouncing judgment
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Superseded by N.D.R.Crim.P., Rule 32.
N.D.C.C. § 29-26-03 Judgment - Where rendered
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Judgment must be rendered in open court unless for cause its rendition is deferred.
N.D.C.C. § 29-26-04 Defendant's presence - Felony or misdemeanor
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Superseded by N.D.R.Crim.P., Rule 43.
N.D.C.C. § 29-26-05 Officer to produce defendant
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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.C.C. § 29-26-06 Bench warrant if defendant does not appear for judgment
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If the defendant has been discharged on bail, or has deposited money in lieu thereof, and does not appear for judgment when the defendant's personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of money deposited, may direct the …
N.D.C.C. § 29-26-07 Issuance of bench warrant - Duty of clerk
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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.C.C. § 29-26-08 Form of bench warrant
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Superseded by N.D.R.Crim.P., Rule 58.
N.D.C.C. § 29-26-09 Bench warrant service
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A bench warrant may be served in any county of the state and in the same manner as a warrant of arrest.
N.D.C.C. § 29-26-10 Disposition of defendant on arrest
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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, ac…
N.D.C.C. § 29-26-11 Defendant informed of rights
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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 a…
N.D.C.C. § 29-26-12 Defendant may show cause against judgment
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The defendant may show cause against pronouncement of judgment: 1. That the defendant is insane; 2. That the defendant has good cause to offer, either in arrest of judgment or for a new trial, in which case the court may order the judgment to be deferred, and may proceed to decid…
N.D.C.C. § 29-26-13 Procedure when insanity alleged as cause for not pronouncing sentence
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When the cause alleged for not pronouncing sentence is insanity, the court, if there is reasonable ground to believe that the defendant is insane, shall postpone the pronouncement of judgment and shall proceed to have the defendant's mental condition determined in the manner pres…
N.D.C.C. § 29-26-15 Judgment rendered
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Superseded by N.D.R.Crim.P., Rule 32.
N.D.C.C. § 29-26-16 Court to hear evidence - Degree of crime
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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…
N.D.C.C. § 29-26-17 Extent of punishment - Aggravation or mitigation - Hearing
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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…
N.D.C.C. § 29-26-18 Evidence in aggravation or mitigation of punishment - How presented
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Circumstances in aggravation or mitigation of punishment must be presented by testimony of witnesses examined in open court, except when a witness is so sick or infirm as to be unable to attend, that witness's deposition may be taken by a magistrate of the county out of court, at…
N.D.C.C. § 29-26-19 Other evidence prohibited
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Superseded by N.D.R.Crim.P., Rule 32.
N.D.C.C. § 29-26-20 Successive terms of imprisonment
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Repealed by S.L. 1973, ch. 116, § 41.
N.D.C.C. § 29-26-21 Judgment for fine and costs
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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. 29-26-22. Judgment for fines - Court administration fee - Co…
N.D.C.C. § 29-26-22.2 Authority to compromise judgment by county commissioners
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1. If, after a lapse of two years from the filing of a judgment, the board of county commissioners determines the judgment cannot be collected in full, the board of county commissioners may compromise and settle any judgment for fines or costs arising from criminal proceedings wh…
N.D.C.C. § 29-26-22.3 Renewal of prior judgments
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Repealed by omission from this code.
N.D.C.C. § 29-26-22.4 Cost of digital forensic examination
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An individual convicted of a felony or misdemeanor shall, as part of the sentence imposed by the court, pay for the reimbursement of the cost of any digital forensic examination performed on any personal electronic device in the investigation and prosecution of the crime for whic…
N.D.C.C. § 29-26-23 Judgment upon conviction entered in minutes - Record
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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…