Form of Demand

Form of Demand. (a) Except in cases arising under 6 CMC § 6907, no demand for the extradition of a person charged with or convicted of crime in a state shall be recognized by the Governor unless in writing alleging that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter he or she fled from that state. The demand shall be accompanied by: (1) A copy of an indictment found; (2) A copy of an information supported by an affidavit filed in the state having jurisdiction of the crime; (3) A copy of an affidavit made before a magistrate in that state together with a copy of any warrant which was issued thereon; or (4) A copy of a judgment of conviction or of a sentence imposed in execution thereof together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation or parole. (b) The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth. Source: 12 TTC § 453.