§ 29-01-13 — Definitions

North Dakota § 29-01-13

• Jurisdiction: North Dakota
• Title 29: Judicial Procedure, Criminal
• Ch. 29-01: General Provisions

Text

As used in this title, unless the context or subject matter otherwise clearly requires:
1. Superseded by N.D.R.Crim.P., Rule 3.
2. An "indictment" is an accusation in writing presented by a grand jury to a competent
court charging a person with a crime or public offense.
3. A "presentment" is an informal statement in writing by a grand jury representing to the
court that a public offense has been committed which is triable in the county or
subdivision, and that there is reasonable ground to believe that a particular individual
named or described has committed it.
4. An "information" is an accusation in writing, in form and substance like an indictment
for the same offense, charging a person with a crime or public offense, signed and
verified by some person and presented to the district court and filed in the office of the
clerk of said court.
5. A "magistrate" is an officer authorized by law to issue a warrant for the arrest of a
person charged with a crime or public offense.
6. The term "writing" includes printing and typewriting.
7. The term "oath" includes an affirmation.

8. The term "signature" includes a mark, when the person cannot write, the person's
name being written near it and the mark being witnessed by a person who writes the
witness's own name as a witness, except that if the paper is an affidavit or deposition,
or a paper issued before a judicial officer, the attestation of the officer is sufficient.
9. The term "county" includes an organized county, or an organized county and such
unorganized counties or other territory or parts of this state as may be attached by law
to such organized county for judicial purposes.