North Dakota § 29-26-18 Evidence in aggravation or mitigation of punishment - How presented

North Dakota Statutes

§ 29-26-18 — Evidence in aggravation or mitigation of punishment - How presented

North Dakota § 29-26-18

Title 29Judicial Procedure, Criminal

Ch. 29-26Judgment and Sentence

This text of North Dakota § 29-26-18 (Evidence in aggravation or mitigation of punishment - How presented) 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 § 29-26-18 (2026).

Text

Circumstances in aggravation or mitigation of punishment must be presented by testimony
of witnesses examined in open court, except when a witness is so sick or infirm as to be unable
to attend, that witness's deposition may be taken by a magistrate of the county out of court, at a
specified time and place, upon such notice to the adverse party as the court may direct, the
criminal record of the defendant furnished by the federal bureau of investigation or the state
superintendent of criminal identification and reports of the state parole office may be received by
the court without verification or other foundation, and, results of psychological testing and
psychiatric examination, certified in writing, may be received by the court without verification or
other foundation, subject to such i

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Circumstances in aggravation or mitigation of punishment must be presented by testimony
of witnesses examined in open court, except when a witness is so sick or infirm as to be unable
to attend, that witness's deposition may be taken by a magistrate of the county out of court, at a
specified time and place, upon such notice to the adverse party as the court may direct, the
criminal record of the defendant furnished by the federal bureau of investigation or the state
superintendent of criminal identification and reports of the state parole office may be received by
the court without verification or other foundation, and, results of psychological testing and
psychiatric examination, certified in writing, may be received by the court without verification or
other foundation, subject to such inspection and confrontation of witnesses as the court may
permit or require in the interests of justice.