§ 29-07-06 — Change of place of hearing - Procedure

North Dakota § 29-07-06

• Jurisdiction: North Dakota
• Title 29: Judicial Procedure, Criminal
• Ch. 29-07: Preliminary Examinations

Text

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.