2014 North Dakota Century Code Title 29 Judicial Procedure, Criminal Chapter 29-07 Preliminary Examinations
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CHAPTER 29-07
PRELIMINARY EXAMINATIONS
29-07-01. Magistrate's duty - Testimony may be taken.
Superseded by N.D.R.Crim.P., Rules 5, 44.
29-07-01.1. Payment of expenses for defense of indigents - Reimbursement of
indigent defense costs and expenses - 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 in municipal court, when approved by the judge, must be
paid by the city in which the alleged offense took place. The city shall also pay the
expenses in any matter transferred to district court pursuant to section 40-18-06.2 or
40-18-15.1, in any appeal taken to district court from a judgment of conviction in
municipal court pursuant to section 40-18-19, 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. For an
application for indigent defense services in the district court, a nonrefundable
application fee of thirty-five dollars must be paid at the time the application is
submitted. The district court may extend the time for payment of the fee or may waive
or reduce the fee if the court determines the defendant is financially unable to pay all
or part of the fee. If the application fee is not paid before disposition of the case, the
fee amount must be added to the amount to be reimbursed under this section.
Application fees collected under this subsection must be forwarded for deposit in the
indigent defense administration fund established under subsection 4.
2. A defendant for whom counsel is provided at public expense, subject to this
subsection, shall reimburse the state, home rule county, or city such sums as the state,
home rule county, or city expends on the defendant's behalf.
a. At the time counsel is provided for a defendant, the court shall advise the
defendant of the defendant's potential obligation to reimburse the appropriate
governmental entity the amounts expended on behalf of the defendant.
b. Unless it finds that there is no likelihood that the defendant is or will be able to
pay attorney's fees and expenses, the court, in its judgment of conviction, and in
any order or amended judgment entered following a revocation or other
postjudgment proceeding, shall order the defendant to reimburse the presumed
amount of indigent defense costs and expenses, as determined by the
commission, and shall notify the defendant of the right to a hearing on the
reimbursement amount. If the defendant or prosecutor requests a hearing within
thirty days of receiving notice under this subdivision, the court shall schedule a
hearing at which the actual amount of attorney's fees and expenses must be
shown. In determining the amount of reimbursement and method of payment, the
court shall consider the financial resources of the defendant and the nature of the
burden that reimbursement of costs and expenses will impose.
c. A defendant who is required to reimburse indigent defense costs and expenses
and who is not willfully in default in that reimbursement may at any time petition
the court to waive reimbursement of all or any portion of the attorney's fees and
expenses. If the court is satisfied that reimbursement of the amount due will
impose undue hardship on the defendant or the defendant's immediate family, the
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3.
4.
court may waive reimbursement of all or any portion of the amount due or modify
the method of payment.
The attorney general, the state's attorney of the home rule county, or the prosecuting
attorney of the city in which the alleged offense took place, if reimbursement has not
been received, shall seek civil recovery of any amounts expended on the defendant's
behalf anytime the attorney general, state's attorney, or city attorney determines the
person for whom counsel was appointed may have funds to repay the state, home rule
county, or city within six years of the date such amount was paid on that person's
behalf. A person against whom civil recovery is sought under this subsection is entitled
to all exemptions accorded to other judgment debtors. The attorney general, state's
attorney, or prosecuting attorney may contract with a private sector collection agency
for assistance in seeking recovery of such funds. Before referring the matter to a
collection agency, the state's attorney shall notify the person who is the subject of the
collection action.
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.
29-07-02. Waiver of examination.
Superseded by N.D.R.Crim.P., Rule 5.
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.
29-07-04. Magistrate must allow accused counsel.
Superseded by N.D.R.Crim.P., Rules 5, 44.
29-07-05. The preliminary examination.
Superseded by N.D.R.Crim.P., Rule 5.
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.
29-07-07. Adjournment - Three days limit.
Superseded by N.D.R.Crim.P., Rule 5.
29-07-08. Disposition of accused on adjournment.
Superseded by N.D.R.Crim.P., Rule 5.
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29-07-09. Commitment for examination.
Superseded by N.D.R.Crim.P., Rule 5.
29-07-10. Summoning of witnesses.
Superseded by N.D.R.Crim.P., Rule 5.
29-07-11. Procedure on examination - Reading complaint.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-12. How witnesses examined.
Superseded by N.D.R.Crim.P., Rule 5.1.
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.
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.
29-07-15. Testimony reduced to writing - Conditions - Payment.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-16. Accused may produce witnesses after state concludes testimony.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-17. Keeping and disposition of depositions - Violation is a misdemeanor.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-18. Procedure - Accused discharged.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-19. Costs taxed when prosecution malicious.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-20. Accused held to answer.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-21. If offense not bailable defendant committed.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-22. When offense bailable.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-23. When bail not taken.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-24. Commitment - Procedure.
Superseded by N.D.R.Crim.P., Rule 5.1.
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29-07-25. Form of commitment.
Superseded by N.D.R.Crim.P., Rules 5.1, 58.
29-07-26. Magistrate must deliver papers to district court.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-27. Charge investigated by magistrate if corporation appears.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-28. Appearance by corporation - Hearing - Certificate of magistrate - Procedure.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-29. Return of certificate of probable cause - Procedure.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-30. Information or indictment against corporation without preliminary hearing.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-31. Effect of failure by corporation to answer summons.
Superseded by N.D.R.Crim.P., Rule 5.1.
29-07-32. Record of magistrate to be kept on docket.
Superseded by N.D.R.Crim.P., Rule 5.1.
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