North Dakota § 29-21-11 Defendant witness in own behalf

North Dakota Statutes

§ 29-21-11 — Defendant witness in own behalf

North Dakota § 29-21-11

Title 29Judicial Procedure, Criminal

Ch. 29-21Trial

This text of North Dakota § 29-21-11 (Defendant witness in own behalf) 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 § 29-21-11 (2026).

Text

In the trial of a criminal action or proceeding before any court or magistrate of this state,
whether prosecuted by information, indictment, complaint, or otherwise, the defendant, at the
defendant's own request and not otherwise, must be deemed a competent witness, but the
defendant's neglect or refusal to testify does not create or raise any presumption of guilt against
the defendant. Nor may such neglect or refusal be referred to by any attorney prosecuting the
case, or considered by the court or jury before whom the trial takes place.

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In the trial of a criminal action or proceeding before any court or magistrate of this state,
whether prosecuted by information, indictment, complaint, or otherwise, the defendant, at the
defendant's own request and not otherwise, must be deemed a competent witness, but the
defendant's neglect or refusal to testify does not create or raise any presumption of guilt against
the defendant. Nor may such neglect or refusal be referred to by any attorney prosecuting the
case, or considered by the court or jury before whom the trial takes place.