North Dakota Statutes

§ 29-17-35 — Particular causes of challenge specified

North Dakota·Title 29 Judicial Procedure, Criminal·Ch. 29-17 Trial Jury

Particular causes of challenge are of two kinds:

1.A bias which, when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this title as implied bias; and
2.The existence of a state of mind on the part of the juror, with reference to the case or to either party, which satisfies the court, in the exercise of a sound discretion, that the juror cannot try the issue impartially without prejudice to the substantial rights of the party challenging, and which is known in this title as actual bias.

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1998 ND 101 (North Dakota Supreme Court, 1998)
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2008 ND 32 (North Dakota Supreme Court, 2008)
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