North Dakota § 29-10.1-38 Transcript demand - Waiver of transcript and preliminary examination, when

North Dakota Statutes

§ 29-10.1-38 — Transcript demand - Waiver of transcript and preliminary examination, when

North Dakota § 29-10.1-38

Title 29Judicial Procedure, Criminal

Ch. 29-10.1Grand Jury

This text of North Dakota § 29-10.1-38 (Transcript demand - Waiver of transcript and preliminary examination, when) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 29-10.1-38 (2026).

Text

when.
Within five days after a first appearance before a magistrate, the person against whom an
indictment has been found and presented may make a written demand to the district judge for a
copy of the transcript of the testimony given before the grand jury as it relates to that person and
the charges against that person. Upon receipt of such written demand, the judge shall issue an
appropriate order. If the judge for any reason determines that a copy of a transcript of the
testimony cannot be obtained, the person indicted is entitled, but not otherwise, to a preliminary
examination, as provided by the statutes or North Dakota Rules of Criminal Procedure for
persons otherwise charged with a crime. Under such conditions, the preliminary examination
must be had before a judge of the district

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when.
Within five days after a first appearance before a magistrate, the person against whom an
indictment has been found and presented may make a written demand to the district judge for a
copy of the transcript of the testimony given before the grand jury as it relates to that person and
the charges against that person. Upon receipt of such written demand, the judge shall issue an
appropriate order. If the judge for any reason determines that a copy of a transcript of the
testimony cannot be obtained, the person indicted is entitled, but not otherwise, to a preliminary
examination, as provided by the statutes or North Dakota Rules of Criminal Procedure for
persons otherwise charged with a crime. Under such conditions, the preliminary examination
must be had before a judge of the district court serving the county in which the crime was
committed or is triable. Failure to make such demand within the time prescribed constitutes a
waiver of the right to the transcript or to a preliminary examination.