Title 37, Military

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…

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…

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…

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.

All fines imposed by a sentence of a military court must be collected by the presiding officer and remitted to the adjutant general without delay. The adjutant general shall remit them to the state treasurer immediately with a statement of the sources from which they were collect…

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.

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 …

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.

A president of a court-martial and a summary court officer may issue a warrant to arrest an accused person and to bring that person before the court for trial whenever that person has disobeyed an order in writing from the convening authority to appear before such court, a copy o…

The process, writs, and warrants of the military courts of this state must be similar in form to like process, writs, and warrants issued by civil courts or in such form as the governor may prescribe from time to time in regulations the governor issues. A process, writ, or warran…

The keeper of any municipal or county jail shall receive persons committed to the keeper by a military court, and shall confine them in accordance with the direction and sentence of said court.

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…

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 …

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 …

No action or proceeding for damages may be prosecuted or maintained against a member of a military court, nor against any person acting under its authority or reviewing its proceedings, on account of the approval, imposition, or collection of any fine or other penalty or on accou…