N.D. Cent. Code ch. 29-07

N.D. Cent. Code ch. 29-07
in effect

N.D. Cent. Code § 29-07-01 Magistrate's duty - Testimony may be taken

29-07-01. Magistrate's duty - Testimony may be taken Superseded by N.D.R.Crim.P., Rules 5, 44.

N.D. Cent. Code § 29-07-01.1 Payment of expenses for defense of indigents - Indigent defense administration fund - Continuing appropriation

29-07-01.1. Payment of expenses for defense of indigents - Indigent defense administration fund - Continuing appropriation. 1. Lawyers provided to represent indigent persons must be compensated at a reasonable rate to be determined by the commission on legal counsel for indigents. Expenses necessary for the adequate defense of an indigent person prosecuted in district court, other than for a violation of a home rule county's ordinance, when approved by the commission, must be paid by the state. Expenses necessary for the adequate defense of an indigent person prosecuted for violation of a home rule county's ordinance must be paid by the home rule county. Expenses necessary for the adequate defense of an indigent person prosecuted for a violation of a municipal ordinance, when approved by the judge, must be paid by the city in which the alleged offense took place. The city shall pay the expenses in any matter transferred to district court under section 40-18.1-18, 40-18.1-23, 40-18.1-24, or 40-18.1-25, in any appeal taken to district court from a judgment of conviction in municipal court under section 40-18.1-19 or 40-18.1-20, and in an appeal or postconviction matter seeking relief from a conviction resulting from violation of a municipal ordinance. A defendant requesting representation by counsel at public expense, or for whom counsel provided at public expense without a request is considered appropriate by the court, shall submit an application for indigent defense services. 2. The indigent defense administration fund is a special fund in the state treasury. The state treasurer shall deposit in the fund all application fees collected under subsection 1. All moneys in the indigent defense administration fund are appropriated on a continuing basis to the commission on legal counsel for indigents to be used in the administration of the indigent defense system.

N.D. Cent. Code § 29-07-03 Examination of witnesses

29-07-03. Examination of witnesses 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 magistrate to the district court of the magistrate's county as in other cases.

N.D. Cent. Code § 29-07-04 Magistrate must allow accused counsel

29-07-04. Magistrate must allow accused counsel Superseded by N.D.R.Crim.P., Rules 5, 44.

N.D. Cent. Code § 29-07-06 Change of place of hearing - Procedure

29-07-06. Change of place of hearing - Procedure 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 the person believes a fair or impartial examination cannot be had before the municipal judge, the municipal judge shall transfer the action, and all the papers therein, including a certified copy of the municipal judge's docket entries, to a district judge serving the county. The state's attorney, or assistant state's attorney, in the same manner and for the same reasons as the defendant, may obtain a transfer of the action from the municipal judge before whom the action was commenced, or from the district judge to whom it has been transferred on the application of the state, in which event it must be transferred to another district judge designated by the presiding judge of the judicial district. The place of examination cannot be changed more than once by each party under this section.

N.D. Cent. Code § 29-07-07 Adjournment - Three days limit

29-07-07. Adjournment - Three days limit Superseded by N.D.R.Crim.P., Rule 5.

N.D. Cent. Code § 29-07-08 Disposition of accused on adjournment

29-07-08. Disposition of accused on adjournment Superseded by N.D.R.Crim.P., Rule 5.

N.D. Cent. Code § 29-07-11 Procedure on examination - Reading complaint

29-07-11. Procedure on examination - Reading complaint Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-13 Witnesses kept separate - Exclusion during the examination of any witness

29-07-13. Witnesses kept separate - Exclusion during the examination of any witness 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. Cent. Code § 29-07-14 Persons not excluded

29-07-14. Persons not excluded 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 defendant and the defendant's counsel, and such other person as the defendant may designate, and the officer having the defendant in custody, but such exclusion, and the extent thereof, is within the discretion of the court.

N.D. Cent. Code § 29-07-15 Testimony reduced to writing - Conditions - Payment

29-07-15. Testimony reduced to writing - Conditions - Payment Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-16 Accused may produce witnesses after state concludes testimony

29-07-16. Accused may produce witnesses after state concludes testimony Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-17 Keeping and disposition of depositions - Violation is a misdemeanor

29-07-17. Keeping and disposition of depositions - Violation is a misdemeanor Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-18 Procedure - Accused discharged

29-07-18. Procedure - Accused discharged Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-19 Costs taxed when prosecution malicious

29-07-19. Costs taxed when prosecution malicious Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-21 If offense not bailable defendant committed

29-07-21. If offense not bailable defendant committed Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-26 Magistrate must deliver papers to district court

29-07-26. Magistrate must deliver papers to district court Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-27 Charge investigated by magistrate if corporation appears

29-07-27. Charge investigated by magistrate if corporation appears Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-28 Appearance by corporation - Hearing - Certificate of magistrate - Procedure

29-07-28. Appearance by corporation - Hearing - Certificate of magistrate - Procedure Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-29 Return of certificate of probable cause - Procedure

29-07-29. Return of certificate of probable cause - Procedure Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-30 Information or indictment against corporation without preliminary hearing

29-07-30. Information or indictment against corporation without preliminary hearing Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-31 Effect of failure by corporation to answer summons

29-07-31. Effect of failure by corporation to answer summons Superseded by N.D.R.Crim.P., Rule 5.1.

N.D. Cent. Code § 29-07-32 Record of magistrate to be kept on docket

29-07-32. Record of magistrate to be kept on docket Superseded by N.D.R.Crim.P., Rule 5.1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t29c07.pdfFetched: 10/16/2026