Title 29 — Judicial Procedure, Criminal

48 chapters · 631 sections in this title.

631 sectionsFiltered byTitle 29

N.D.C.C. § 29-07-03 Examination of witnesses
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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 …
N.D.C.C. § 29-07-04 Magistrate must allow accused counsel
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Superseded by N.D.R.Crim.P., Rules 5, 44.
N.D.C.C. § 29-07-05 The preliminary examination
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Superseded by N.D.R.Crim.P., Rule 5.
N.D.C.C. § 29-07-06 Change of place of hearing - Procedure
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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 t…
N.D.C.C. § 29-07-07 Adjournment - Three days limit
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Superseded by N.D.R.Crim.P., Rule 5.
N.D.C.C. § 29-07-08 Disposition of accused on adjournment
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Superseded by N.D.R.Crim.P., Rule 5.
N.D.C.C. § 29-07-09 Commitment for examination
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Superseded by N.D.R.Crim.P., Rule 5.
N.D.C.C. § 29-07-10 Summoning of witnesses
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Superseded by N.D.R.Crim.P., Rule 5.
N.D.C.C. § 29-07-11 Procedure on examination - Reading complaint
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-12 How witnesses examined
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-13 Witnesses kept separate - Exclusion during the examination of any witness
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The magistrate may exclude all witnesses who have not been examined. The magistrate also may cause the witnesses to be kept separate and to be prevented from communicating with each other until all are examined.
N.D.C.C. § 29-07-14 Persons not excluded
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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 de…
N.D.C.C. § 29-07-15 Testimony reduced to writing - Conditions - Payment
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-16 Accused may produce witnesses after state concludes testimony
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-17 Keeping and disposition of depositions - Violation is a misdemeanor
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-18 Procedure - Accused discharged
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-19 Costs taxed when prosecution malicious
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-20 Accused held to answer
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-21 If offense not bailable defendant committed
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-22 When offense bailable
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-23 When bail not taken
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-24 Commitment - Procedure
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-25 Form of commitment
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Superseded by N.D.R.Crim.P., Rules 5.1, 58.
N.D.C.C. § 29-07-26 Magistrate must deliver papers to district court
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-27 Charge investigated by magistrate if corporation appears
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-28 Appearance by corporation - Hearing - Certificate of magistrate - Procedure
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-29 Return of certificate of probable cause - Procedure
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-30 Information or indictment against corporation without preliminary hearing
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-31 Effect of failure by corporation to answer summons
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-07-32 Record of magistrate to be kept on docket
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Superseded by N.D.R.Crim.P., Rule 5.1.
N.D.C.C. § 29-08-01 Bail defined
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Bail is the security required and given for the release of a person who is in the custody of the law that the person will appear before any court in which the person's appearance may be required and that the person will do, or refrain from doing, such things as are stipulated in …
N.D.C.C. § 29-08-02 Admission to bail defined - Delegation of authority by magistrate
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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 appoin…
N.D.C.C. § 29-08-03 Taking of bail defined
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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…
N.D.C.C. § 29-08-03.1 Supreme court uniform bail schedule initiative - Report
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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 b…
N.D.C.C. § 29-08-04 When bail must be taken
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-05 Bail upon charge of murder in first degree
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-06 Bail on appeal after conviction
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-07 Amount of bail upon charge of larceny of livestock
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-08 Admission to bail before conviction
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-09 Admission to bail after conviction
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-10 Bail in cases of illness
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-11 Bail taken - Order of discharge
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-12 Qualification of bail - Justification
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Superseded by N.D.R.Crim.P., Rule 46. 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.C.C. § 29-08-14 Deposit of money or bonds as bail
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-15 Bail after deposit of money or bonds
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-16 Notice to state's attorney
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Whenever admission to bail is a matter of discretion, the court, magistrate, or officer to whom application therefor is made shall require reasonable notice thereof to be given to the state's attorney of the county.
N.D.C.C. § 29-08-17 Who may take bail
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-18 Form of undertaking of bail
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Superseded by N.D.R.Crim.P., Rules 46, 58.
N.D.C.C. § 29-08-19 Who may make order admitting to bail on appeal
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-20 Defendant may be arrested by bail
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Superseded by N.D.R.Crim.P., Rule 46.