Title 29 — Judicial Procedure, Criminal

48 chapters · 631 sections in this title.

631 sectionsFiltered byTitle 29

N.D.C.C. § 29-26-02 Time specified for pronouncing judgment
0.0K chars
Superseded by N.D.R.Crim.P., Rule 32.
N.D.C.C. § 29-26-03 Judgment - Where rendered
0.1K chars
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
0.0K chars
Superseded by N.D.R.Crim.P., Rule 43.
N.D.C.C. § 29-26-05 Officer to produce defendant
0.2K chars
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
0.3K chars
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
0.2K chars
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
0.0K chars
Superseded by N.D.R.Crim.P., Rule 58.
N.D.C.C. § 29-26-09 Bench warrant service
0.1K chars
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
0.3K chars
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
0.4K chars
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
0.5K chars
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
1.2K chars
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
0.0K chars
Superseded by N.D.R.Crim.P., Rule 32.
N.D.C.C. § 29-26-16 Court to hear evidence - Degree of crime
0.4K chars
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
0.4K chars
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
0.9K chars
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
0.0K chars
Superseded by N.D.R.Crim.P., Rule 32.
N.D.C.C. § 29-26-20 Successive terms of imprisonment
0.0K chars
Repealed by S.L. 1973, ch. 116, § 41.
N.D.C.C. § 29-26-21 Judgment for fine and costs
4.4K chars
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
1.0K chars
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
0.0K chars
Repealed by omission from this code.
N.D.C.C. § 29-26-22.4 Cost of digital forensic examination
0.8K chars
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
0.9K chars
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…
N.D.C.C. § 29-27-01 Execution to officer
0.3K chars
When a judgment imposing a penalty other than a fine only has been pronounced, a certified copy of the entry thereof upon the minutes must be furnished forthwith to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or …
N.D.C.C. § 29-27-02 Judgment for fine or costs
0.8K chars
If the judgment mentioned in section 29-27-01 imposes a fine or assesses costs and the judgment has been docketed in the judgment docket by order of the court, the judgment is enforceable by execution in the same manner as provided for a judgment for money in a civil action. 29-2…
N.D.C.C. § 29-27-03 Judgment for imprisonment or as response to nonpayment of fine
0.3K chars
If a judgment is for imprisonment, initially or as response to nonpayment of a fine in accordance with section 12.1-32-05, the defendant forthwith must be committed to the custody of the proper officer and be detained by that officer until the judgment is complied with.
N.D.C.C. § 29-27-04 Judgment - By what officer executed
0.3K chars
When the judgment in a criminal action or proceeding under section 12.1-32-05 is imprisonment in the county jail, the judgment must be executed by the sheriff of the county. In all other cases when the sentence is imprisonment, the sheriff of the county shall deliver the defendan…
N.D.C.C. § 29-27-05 Judgment of imprisonment in department of corrections and rehabilitation
0.5K chars
If the judgment is for commitment to the legal and physical custody of the department of corrections and rehabilitation, the sheriff of the county, upon receipt of a certified copy thereof, shall take and deliver the defendant to the correctional facility designated by the depart…
N.D.C.C. § 29-27-06 Authority of sheriff while conveying defendant
0.8K chars
Repealed by S.L. 1975, ch. 106, § 673. 29-27-07. Commitment of offenders to department of corrections and rehabilitation - Place of confinement. 1. If a judge of the district court imposes a term of imprisonment to a state correctional facility upon conviction of a felony or a cl…
N.D.C.C. § 29-28-01 Review proceedings by appeal - Writ of error abolished
0.0K chars
Superseded by N.D.R.App.P., Rule 1.
N.D.C.C. § 29-28-02 Who may appeal
0.1K chars
Either the defendant or the state may take an appeal as provided in this chapter.
N.D.C.C. § 29-28-03 Appeals are matter of right
0.1K chars
An appeal to the supreme court provided for in this chapter may be taken as a matter of right.
N.D.C.C. § 29-28-04 Designation of parties on appeal
0.0K chars
Superseded by N.D.R.Crim.P., Rule 37.
N.D.C.C. § 29-28-05 Appeal by one of several defendants
0.0K chars
Superseded by N.D.R.App.P., Rule 3.
N.D.C.C. § 29-28-06 From what defendant may appeal
0.3K chars
An appeal may be taken by the defendant from: 1. A verdict of guilty; 2. A final judgment of conviction; 3. An order refusing a motion in arrest of judgment; 4. An order denying a motion for a new trial; or 5. An order made after judgment affecting any substantial right of the pa…
N.D.C.C. § 29-28-07 From what the state may appeal
0.6K chars
An appeal may be taken by the state from: 1. An order quashing an information or indictment or any count thereof. 2. An order granting a new trial. 3. An order arresting judgment. 4. An order made after judgment affecting any substantial right of the state. 5. An order granting t…
N.D.C.C. § 29-28-08 Time for appeals in criminal cases
0.0K chars
Superseded by N.D.R.Crim.P., Rule 37.
N.D.C.C. § 29-28-09 Manner of taking appeal - Notice
0.0K chars
Superseded by N.D.R.Crim.P., Rules 37, 38.
N.D.C.C. § 29-28-10 Personal service impossible - Publication
0.0K chars
Superseded by N.D.R.Crim.P., Rule 49.
N.D.C.C. § 29-28-11 When appeal deemed taken
0.0K chars
Superseded by N.D.R.Crim.P., Rule 37.
N.D.C.C. § 29-28-12 Appeal by state - Effect
0.1K chars
An appeal taken by the state in no case stays or affects the operation of the judgment in favor of the defendant until the judgment is reversed.
N.D.C.C. § 29-28-13 What judgments superseded by appeal - Certificate of probable cause
0.0K chars
Superseded by N.D.R.Crim.P., Rule 38.
N.D.C.C. § 29-28-14 Certificate of probable cause issued - Duty of sheriff
0.0K chars
Superseded by N.D.R.Crim.P., Rule 38.
N.D.C.C. § 29-28-15 Execution suspended during pendency of appeal
0.0K chars
Superseded by N.D.R.Crim.P., Rule 38.
N.D.C.C. § 29-28-16 Stay on appeal - Custody of defendant
0.0K chars
Superseded by N.D.R.Crim.P., Rules 38, 46.
N.D.C.C. § 29-28-17 Certificate of appeal taken and bail put in - Duty of sheriff
0.0K chars
Superseded by N.D.R.Crim.P., Rules 38, 46.
N.D.C.C. § 29-28-18 Transmission of papers to supreme court
0.0K chars
Superseded by N.D.R.App.P., Rule 11.
N.D.C.C. § 29-28-19 Printing of transcripts or briefs not required
0.0K chars
Superseded by N.D.R.App.P., Rule 32.
N.D.C.C. § 29-28-20 Irregularity in substantial particulars - Notice
0.0K chars
Superseded by N.D.R.App.P., Rules 3, 27.
N.D.C.C. § 29-28-21 An appeal must not be dismissed for informality
0.0K chars
Superseded by N.D.R.App.P., Rule 3.