Title 37 — Military
42 chapters · 288 sections in this title.
N.D.C.C. § 37-09-01 Military courts
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The military courts of this state for the national guard are: 1. General courts-martial. 2. Special courts-martial. 3. Summary courts-martial.
N.D.C.C. § 37-09-02 Powers and procedure of military courts
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The military courts of this state must be constituted the same, have cognizance of the same subjects, and shall possess the same powers, except as to punishment, as similar courts provided for by the laws and regulations governing the army of the United States. The proceedings of…
N.D.C.C. § 37-09-03 Court of inquiry - How constituted - Duties
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Repealed by S.L. 1999, ch. 322, § 11.
N.D.C.C. § 37-09-04 General courts-martial - Convening - Powers
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A general court-martial may be convened by order of the governor or the adjutant general. Such court may sentence any member to: 1. A fine not exceeding five hundred dollars for a single offense; 2. Forfeiture of pay and allowances of not more than five hundred dollars for a sing…
N.D.C.C. § 37-09-05 Special courts-martial - Appointment - Jurisdiction - Punishment
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The commanding officer, with a rank of at least colonel (0-6), of each garrison, fort, post, camp, or other place, or of any brigade, regiment, detached battalion, or other detached command, may appoint special courts-martial for the officer's command. A special court-martial may…
N.D.C.C. § 37-09-06 Summary courts-martial - Appointment - Powers - Proceedings
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The commanding officer, with a rank of at least colonel (0-6), of each garrison, fort, post, or other place, or of any regiment, corps, detached battalion, company, or other detachment, may appoint for such place or command a summary court to consist of one officer, who shall hav…
N.D.C.C. § 37-09-07 Accused may be admitted to bond
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The presiding officer of a military court may accept a bond for the delivery of the accused upon demand after the final action of the court, and even after the jurisdiction of such court terminates the presiding officer may accept a bond pending the action of the reviewing author…
N.D.C.C. § 37-09-08 Commitment to prison or jail pending trial - Bail allowed
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Whenever an accused person has been arrested for failure to appear before a court-martial for trial as provided in this chapter, the president of the court-martial or the summary court officer to whom the charges have been referred for trial may issue a warrant to a civil officer…
N.D.C.C. § 37-09-09 Powers of president of court-martial and summary court officer
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A president of a court-martial and a summary court officer may: 1. Issue subpoenas. 2. Enforce the attendance of witnesses and the production of books and papers. 37-09-10. Fines collected remitted to state treasurer - Credited to general fund of national guard. All fines imposed…
N.D.C.C. § 37-09-11 Courts-martial sentencing to confinement in lieu of fines - Limitations
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All courts-martial, including summary courts, may sentence to confinement in lieu of fines authorized to be imposed. Such sentences of confinement, however, may not exceed one day for each dollar of fine authorized.
N.D.C.C. § 37-09-12 Sentence imposing confinement - Execution
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Any portion of a sentence imposed by a military court that prescribes confinement must be executed in such facility as the reviewing authority may direct. The expenses of such confinement must be borne by the state of North Dakota. A commitment in writing must be executed by the …
N.D.C.C. § 37-09-14 Sentence of court-martial to be approved
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A sentence of any court-martial is not effective until approved by the convening authority. A sentence of dismissal from the service or dishonorable discharge imposed by a court-martial may not be executed until approved by the governor. 37-09-15. Warrant may be issued by a presi…
N.D.C.C. § 37-09-18 Witness and reporter fees
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Any witness subpoenaed to appear before any military court shall receive the same fees as are provided by law for a witness appearing in a civil court. The reporter of any military court must be paid the same fees for stenographic services as are provided by law for similar servi…
N.D.C.C. § 37-09-19 Fees of civil officers - Levy, disbursement, and record of costs
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Fees for services of civil officers performed under the provisions of this chapter must be the same as are provided by law for services of civil officers in civil courts. Costs must be levied and disbursed by the court. Records of all levies and disbursements must be kept in the …
N.D.C.C. § 37-09-20 Manner of paying witness fees and court costs
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All witness fees and court costs incident to or the result of the operation of a military tribunal must be paid by the state treasurer from the general funds available upon appropriate voucher submitted through the channels of the adjutant general's office, after approval by the …