2014 North Dakota Century Code Title 29 Judicial Procedure, Criminal Chapter 29-05 The Complaint and Warrant of Arrest
Download as PDF
CHAPTER 29-05
THE COMPLAINT AND WARRANT OF ARREST
29-05-01. What complaint must state.
A complaint must state:
1. The name of the person accused, if known, or if not known and it is so stated, that
person may be designated by any other name;
2. The county in which the offense was committed;
3. The general name of the crime or public offense committed;
4. The acts or omissions complained of as constituting the crime or public offense
named;
5. The person against whom, or against whose property, the offense was committed, if
known; and
6. If the offense is against the property of any person, a general description of such
property.
The complaint must be subscribed and sworn to by the complainant.
29-05-02. Who must make complaint.
Superseded by N.D.R.Crim.P., Rule 3.
29-05-03. Magistrate may examine complainant.
Superseded by N.D.R.Crim.P., Rule 3.
29-05-04. Accused arrested without warrant.
Superseded by N.D.R.Crim.P., Rule 5.
29-05-05. Witnesses other than complainant.
Every person making complaint charging the commission of a crime or public offense shall
inform the magistrate of all persons whom the person believes to have any knowledge of its
commission, and the magistrate, at the time of issuing the warrant, may issue subpoenas for
such persons, requiring them to attend at a specified time and place as witnesses.
29-05-06. When a warrant of arrest to be issued.
Superseded by N.D.R.Crim.P., Rule 4.
29-05-07. Warrant defined - Form.
Superseded by N.D.R.Crim.P., Rules 4, 58.
29-05-08. Requisites of warrant - Contents.
Superseded by N.D.R.Crim.P., Rule 4.
29-05-09. Direction and execution of warrant.
Superseded by N.D.R.Crim.P., Rule 4.
29-05-10. Peace officer defined.
A peace officer is a sheriff of a county or the sheriff's deputy, or a coroner, marshal, or
policeman of a township or city, or any state or federal law enforcement officer.
29-05-11. Duty of officer if offense charged is felony.
Superseded by N.D.R.Crim.P., Rule 5.
29-05-11.1. Duty of peace officer to enter warrant.
A peace officer who receives a warrant for the arrest of a fugitive and does not execute the
warrant shall enter the warrant in the central warrant information system. A warrant of arrest for
Page No. 1
the failure to pay a fine or fee may be entered at the discretion of the peace officer. A criminal
justice agency may specify whether the agency will extradite from outside the county or state
and the county or state from which the agency will extradite.
29-05-12. Bail if offense charged is a misdemeanor or infraction.
If the offense charged in a warrant of arrest is a misdemeanor or infraction not within the
jurisdiction of the magistrate who issued it to punish, and the accused is arrested in another
county, the officer, upon request of the accused, shall take the accused before a magistrate in
the county in which the arrest is made, who shall admit the accused to bail and take bail from
the accused accordingly. If there is no magistrate residing within the county wherein the
accused is arrested, and the accused requires it, the officer shall take the accused before a
magistrate of any other county nearer or more accessible than the magistrate issuing the
warrant, and said magistrate shall admit the accused to bail and take bail from the accused
accordingly.
29-05-13. Procedure when bail taken.
On taking bail, as is provided in section 29-05-12, the magistrate shall certify that fact on the
warrant and deliver the warrant and undertaking of bail to the officer having charge of the
accused. The officer then shall discharge the accused from arrest and without delay shall deliver
the warrant and undertaking to the clerk of the court at which the accused is required to appear.
29-05-14. When bail is not given.
If, on the admission of an accused to bail, the bail is not given forthwith, the officer shall take
the accused before the magistrate who issued the warrant, or, in case of that magistrate's
absence or inability to act, before the nearest or most accessible magistrate in the same county,
and at the same time shall deliver to the magistrate the warrant with the officer's return
endorsed thereon and subscribed by the officer.
29-05-15. Misdemeanor within magistrate's jurisdiction - Procedure.
If the offense charged in a warrant of arrest is within the jurisdiction of the magistrate to try
and punish upon conviction, the accused, if arrested in another county, must be taken before
the magistrate who issued the warrant, or, if that magistrate is absent, then before some other
magistrate, as is provided in section 29-05-14.
29-05-16. When complaint sent to magistrate not issuing warrant.
If, after an arrest, the accused is taken before a magistrate other than the one who issued
the warrant, the complaint on which the warrant was granted must be sent to that magistrate, or
if it cannot be procured, the prosecutor and the prosecutor's witnesses must be summoned to
give their testimony anew.
29-05-17. Requirements of warrant for accused from other county - Complaint to
accompany.
Superseded by N.D.R.Crim.P., Rule 5.
29-05-18. Accused taken to proper county - Delivery of complaint with the accused Depositions.
The officer who executes a warrant for an offense triable in another county shall take the
accused before the nearest or most accessible magistrate of the county in which the offense is
triable and shall deliver to the magistrate the complaint and the depositions, if any, and the
warrant, with the officer's return endorsed thereon, and the magistrate then shall proceed in the
same manner as upon a warrant issued by that magistrate.
29-05-19. Procedure if offense is misdemeanor.
Superseded by N.D.R.Crim.P., Rule 5.
Page No. 2
29-05-20. Unnecessary delay after arrest prohibited - Attorney visitation.
The accused in all cases must be taken before a magistrate without unnecessary delay, and
any attorney at law entitled to practice in the courts of record of this state, at the attorney's
request, may visit such person after that person's arrest.
29-05-21. Officer not liable to arrest while in charge of a person arrested.
While having in charge any person arrested in a criminal action or proceeding, neither the
officer, nor any of the officer's assistants, is liable to arrest on civil process, and such officer is
authorized to require any citizen to aid in securing the accused and to retake the accused, if the
accused escapes, in any part of the state, as if the officer were within the officer's own county. A
refusal or neglect to render such aid is an offense in the same manner as if the arresting officer
were an officer of the county where such aid is required.
29-05-22. Giving bail deemed waiver of examination.
Repealed by S.L. 1973, ch. 252, § 1.
29-05-23. Warrant transmitted by telegraph.
Whenever a warrant for the arrest of a person accused of a crime or public offense is issued
by a magistrate, the delivery of the warrant by telegraph may be authorized by a judge of the
supreme or district court by an endorsement authorizing telegraphic delivery, at any place within
this state, upon the warrant of arrest under the hand of the judge, directed generally to any
peace officer in the state. After endorsement, a copy of the warrant may be sent by telegraph to
any peace officer within the state, and the copy is as effectual in the hands of any peace officer,
who shall serve the same and in all regards proceed thereunder, as though the peace officer
held an original warrant issued by the magistrate making the endorsement thereon.
29-05-24. Duty of officer transmitting warrant.
Every officer causing telegraphic copies of a warrant to be sent shall certify as correct, and
file in the telegraph office from which such copies are sent, a copy of the warrant and the
endorsement thereon, and shall return the original with a statement of the officer's action
thereunder signed by the officer.
29-05-25. Warrant returnable in county where issued - Telegraphic copy deemed
original - Misdemeanor or infraction.
Every person arrested by warrant for any offense, when no other provision is made for that
person's examination, must be taken before some magistrate of the county in which the warrant
was issued, and the warrant with the proper return thereon, signed by the person who made the
arrest, must be delivered to such magistrate. Any telegraphic copy of a warrant under which an
officer has acted in making an arrest must be deemed the original warrant. If the offense
charged in the warrant is a misdemeanor or infraction within the jurisdiction of a magistrate to try
and upon conviction to punish, a trial must be had as is provided by law.
29-05-26. Arrest directed by telegraph.
In all cases in which by law a peace officer of this state may arrest a person without a
warrant, or having a warrant for the arrest of a person accused of a crime or public offense
when the person otherwise may escape from this state, the peace officer may direct any other
peace officer in this state, by telegraph, to arrest the person, who must be designated by name
or description or both.
29-05-27. How an order by wire executed - Procedure.
An order by a police officer directing other peace officers in the state to make an arrest may
be directed generally to any of such officers and executed by the officer receiving it. The officer
executing any such order shall take into the officer's custody the person designated therein and
shall detain that person upon such order for such length of time as is necessary for the officer
Page No. 3
directing the arrest to reach the place of detention by the ordinary course and means of travel,
or until sooner demanded by an officer having a warrant for the arrest of such person.
29-05-28. Summons against corporation.
Superseded by N.D.R.Crim.P., Rule 4.
29-05-29. Form of summons.
Superseded by N.D.R.Crim.P., Rules 4, 58.
29-05-30. Service of summons against corporation.
Superseded by N.D.R.Crim.P., Rule 4.
29-05-31. Uniform traffic complaint and summons.
There is established a uniform complaint and summons that may be used in cases involving
violations of statutes or ordinances. The use of a uniform complaint and summons must comply
with the North Dakota Rules of Criminal Procedure and be in substantially the following form:
State of North Dakota
)
In ___________________ Court,
) ss.
County of ____________ )
Before Hon. ________________;
The undersigned, being sworn, says that, on ______________, ______,
___________________________________________________________________
First Name Middle Name Last Name Street
City
State
did unlawfully operate a motor vehicle upon a public highway, namely
__________, _______ N E S W of __________ and did then and there commit
Location
City
the following offense:_____________________________________________________
MPH in________________________________________________________________
MPH Zone_____________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
All in violation of N. D. Century Code Sec. ______ and against the peace and dignity
of the state of N. D.
Officer _________ LET A WARRANT ISSUE HEREIN Sworn to and subscribed
before me on ______________, ______.
____________________________
___________________________________
Judge
State's Attorney
DESCRIPTION OF DEFENDANT AND VEHICLE
Mo. _____Day _____Yr. _____Race _____Sex _____Wt. ______Ht. _____
Birth date
Hair _____Dr. Lic: State _____No. _____Motor Vehicle:
PSC
Make _____Reg. No. _____State _____Year _____ICC No. ____
CLAIMED CONDITIONS OF THE VIOLATION
SLIPPERY SURFACE
______ Rain ______ Snow ______ Ice
DARKNESS
______ Night ______ Fog ______ Snow
OTHER TRAFFIC PRESENT
______ Cross ______ Oncoming ______ Pedestrian ______ Same direction
IN ACCIDENT
______ Ped. ______ Vehicle ______ Intersection
______ Right angle ______ Head on ______ Rear end
______ Ran off road ______ Other
Page No. 4
_______________________________________________________________
Area: ______ School ______ Rural ______ Business
______ Industrial ______ Residential
Highway: _______ 2 Lane ______ 4 Lane ______ 4 Lane Divided
Type:
_________ Gravel ________ Dirt
OFFENSE CONTRIBUTED MATERIALLY TO ACCIDENT
_____ Yes ______ No
THE STATE OF NORTH DAKOTA TO THE ABOVE-NAMED DEFENDANT
(CITY ORDINANCE OR STATE CRIMINAL TRAFFIC VIOLATION)
You are summoned to appear at the time and place designated below to answer to the
charge made against you.
______________________________________________________________________
______________________________________________________________________
Appearance
Before: Municipal Judge District Ct.__________________________________
_______________________________________________________________A.M./P.M.
Location
Month
Day Year Time
Dated ______________, ______
Officer _________________________
PROMISE TO APPEAR
I consent and promise to appear at the time and place specified in the above summons, the
receipt of a copy of which is acknowledged, and I expressly waive earlier hearing.
Dated ______________, ______
Defendant ______________________
(STATE NONCRIMINAL TRAFFIC VIOLATION)
You are notified of your right to request, within fourteen days of the date of this citation, a
hearing concerning the alleged traffic violation. If you do not request a hearing, the bond is
deemed forfeited and the violation admitted. If you are requesting a hearing, date and sign the
following portion of this citation AND INCLUDE THE BOND NOTED ON THIS CITATION for the
alleged violation. Failure to do so may result in the suspension of your operator's license. You
will be notified of the hearing date by the court for the county in which this citation was issued.
REQUEST FOR HEARING
I submit the designated bond and request a hearing on the alleged traffic violation and
promise to appear at the time and date specified in the summons issued by the court for the
county in which the citation was issued.
Dated _______________, ___________
Defendant ________________________
29-05-32. Release of information contained in complaint or warrant.
The magistrate who issues a warrant for arrest shall order the information in the complaint
and warrant confidential, if the law enforcement officer articulates a reason for the confidentiality
that convinces the issuing magistrate that limited confidentiality is necessary for the safety of the
law enforcement officer or to enable the warrant to be properly served. The magistrate shall limit
the duration of the order to the time of the arrest of the accused and shall exempt law
enforcement officers in the performance of official duties.
Page No. 5
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
