Title 29 — Judicial Procedure, Criminal
48 chapters · 631 sections in this title.
N.D.C.C. § 29-08-21 Forfeiture of bail - Excuse - Disposition of traffic violation cases
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-22 Increase or decrease of bail - Notice to state's attorney
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The court in which a criminal action is pending, or a judge thereof, for good cause and with or without notice to the defendant, may increase or reduce the amount of bail. If the defendant applies for a reduction of the amount of bail, reasonable notice of such application must b…
N.D.C.C. § 29-08-23 Additional security may be required by court
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-24 Action on undertaking - Defects not fatal
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-25 When surety may be discharged
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-08-26 Bail pending extradition
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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…
N.D.C.C. § 29-08-27 Jumping bail a misdemeanor
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 29-08-28 Bail - Defendant's property
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Except as otherwise provided in this section, moneys deposited as bail are the property of the defendant, whether deposited by the defendant or by a third person on the defendant's behalf. If bail moneys are deposited by a third person, the person must be notified at the time of …
N.D.C.C. § 29-12-01 Presence enforced by direction of court
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Superseded by N.D.R.Crim.P., Rule 10.
N.D.C.C. § 29-12-02 Warrant of arrest
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Superseded by N.D.R.Crim.P., Rule 46.
N.D.C.C. § 29-12-03 Warrant, clerk to issue
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Superseded by N.D.R.Crim.P., Rule 9.
N.D.C.C. § 29-12-04 Warrant, form - Felony
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Superseded by N.D.R.Crim.P., Rules 9, 58.
N.D.C.C. § 29-12-05 Bench warrant, misdemeanor, infraction, or bailable felony
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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: "o…
N.D.C.C. § 29-12-06 Court must fix amount of bail
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Superseded by N.D.R.Crim.P., Rule 9.
N.D.C.C. § 29-12-07 Arrest upon bench warrant offense not bailable - Custody
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A defendant, when arrested under a bench warrant for an offense not bailable, must be held in custody by the sheriff of the county in which the information is filed or the indictment found.
N.D.C.C. § 29-12-08 Warrant served in any county
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Superseded by N.D.R.Crim.P., Rule 9.
N.D.C.C. § 29-12-09 Magistrate taking bail - Procedure
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If a defendant is brought before a magistrate of another county under a bench warrant for the purpose of giving bail, the magistrate shall proceed in respect thereto in the same manner as if the defendant had been brought before the magistrate upon a warrant of arrest, and the sa…
N.D.C.C. § 29-12-10 Felony, bail given - Increased amount
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When an information or indictment is for a felony, and the defendant, before the filing or finding thereof, has given bail for the defendant's appearance to answer the charge, the court to which the information or indictment is presented, or sent, or removed for trial, may order …
N.D.C.C. § 29-12-11 Procedure - Defendant present, defendant absent
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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.C.C. § 29-12-12 Appearance of corporation charged with offense - Pleas
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Superseded by N.D.R.Crim.P., Rule 43.
N.D.C.C. § 29-12-13 Information filed or indictment returned - Summons
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If an information is filed without a preliminary examination, or an indictment is returned against a corporation or limited liability company, the clerk of the district court shall issue a summons in the corporate name of the corporation or limited liability company in the form p…
N.D.C.C. § 29-12-14 Default of a corporation or limited liability company - Plea - Fine collected
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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 a…
N.D.C.C. § 29-15-01 Causes for removal of action
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Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-02 Petition - Notice - Time to prepare
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Superseded by N.D.R.Crim.P., Rules 21, 22.
N.D.C.C. § 29-15-03 Court must order only one change
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Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-04 Duty of clerk
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Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-05 Disposition of defendant upon removal
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Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-06 Court may require bail
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Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-07 Witnesses upon removal - Undertaking - Notice - Subpoena
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Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-08 Trial upon removal - Original pleadings - Copies
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Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-09 Clerk, neglect upon removal - Damages
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Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-10 Several defendants, removal by one
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Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-11 Removal by state - Procedure
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Superseded by N.D.R.Crim.P., Rule 21. 29-15-12. Prosecution by officers of county where action was commenced - Jurisdiction of court. Superseded by N.D.R.Crim.P., Rule 21.
N.D.C.C. § 29-15-13 Prejudice or bias of judge - Affidavit - Filing
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Repealed by S.L. 1971, ch. 316, § 2.
N.D.C.C. § 29-15-14 Affidavit of prejudice to be filed
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Repealed by S.L. 1971, ch. 316, § 2.
N.D.C.C. § 29-15-15 The supreme court to designate trial judge
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Repealed by S.L. 1971, ch. 316, § 2.
N.D.C.C. § 29-15-16 Judge designated to conduct trial forthwith - Notice to parties
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Repealed by S.L. 1971, ch. 316, § 2.
N.D.C.C. § 29-15-17 Expenses of judge designated
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Repealed by S.L. 1971, ch. 316, § 2.
N.D.C.C. § 29-15-18 Jurors not to be excused by disqualified judge
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Repealed by S.L. 1951, ch. 203, § 1.
N.D.C.C. § 29-15-19 Only one change of judges allowable
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Repealed by S.L. 1971, ch. 316, § 2. 29-15-20. Procedure when affidavit of prejudice and for change of venue is filed in criminal action. Repealed by S.L. 1971, ch. 316, § 2.
N.D.C.C. § 29-15-21 Demand for change of judge
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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 …
N.D.C.C. § 29-16-01 Issue of fact
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Repealed by S.L. 2023, ch. 304, § 1.
N.D.C.C. § 29-16-02 Issues of fact tried by jury - When trial by jury may be waived
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In any case, whether a misdemeanor or felony, a trial jury may be waived by the consent of the defendant and the state's attorney expressed in open court and entered on the minutes of the court. Otherwise, the issues of fact must be tried by the jury.
N.D.C.C. § 29-16-03 Presence of defendant if felony charged
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Superseded by N.D.R.Crim.P., Rule 43.
N.D.C.C. § 29-16-04 Presence of defendant in prosecution for misdemeanor
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Superseded by N.D.R.Crim.P., Rule 43.
N.D.C.C. § 29-16-05 Order or warrant requiring presence of defendant
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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 att…
N.D.C.C. § 29-16-06 Presence of defendant at proceedings before and after trial
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Superseded by N.D.R.Crim.P., Rule 43.
N.D.C.C. § 29-16-07 Time to prepare for trial
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After a plea of not guilty, the defendant, if the defendant requests it, is entitled to at least one day to prepare for trial, and further time for good cause shown.
N.D.C.C. § 29-17-01 Jurors in criminal actions same as those summoned for civil actions
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The jurors duly drawn and summoned for the trial of civil actions also are the jurors for the trial of criminal actions.
N.D.C.C. § 29-17-02 How trial jury formed
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A trial jury for a criminal action must be formed in the same manner as a trial jury in a civil action.