North Dakota § 29-30.3-06 (2-103) Appearance prior to receipt of demand or request

North Dakota Statutes

§ 29-30.3-06 — (2-103) Appearance prior to receipt of demand or request

North Dakota § 29-30.3-06

Title 29Judicial Procedure, Criminal

Ch. 29-30.3Uniform Extradition and Rendition Act

This text of North Dakota § 29-30.3-06 ((2-103) Appearance prior to receipt of demand or request) 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 § 29-30.3-06 (2026).

Text

1.The magistrate shall inform the person appearing pursuant to section 29-30.3-04 or 29-30.3-05 of:

a.The name of the other state that has subjected the person to an arrest warrant;

b.The basis for the arrest warrant in the other state;

c.The right to assistance of counsel; and

d.The right to require a judicial hearing under this chapter before transfer of custody to the other state.

2.After being informed by the magistrate of the effect of a waiver, the arrested person may waive the right to require a judicial hearing under this chapter and consent to return to the other state by executing a written waiver in the presence of the magistrate. If the waiver is executed, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 or, with the consent of the of

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1. The magistrate shall inform the person appearing pursuant to section 29-30.3-04 or
29-30.3-05 of:
a. The name of the other state that has subjected the person to an arrest warrant;
b. The basis for the arrest warrant in the other state;
c. The right to assistance of counsel; and
d. The right to require a judicial hearing under this chapter before transfer of custody
to the other state.
2. After being informed by the magistrate of the effect of a waiver, the arrested person
may waive the right to require a judicial hearing under this chapter and consent to
return to the other state by executing a written waiver in the presence of the
magistrate. If the waiver is executed, the magistrate shall issue an order to transfer
custody pursuant to section 29-30.3-21 or, with the consent of the official upon whose
application the arrest warrant was issued in the other state, authorize the voluntary
return of the person to that state.
3. Unless a waiver is executed pursuant to subsection 2, the magistrate shall:
a. Release the person upon conditions that will reasonably assure availability of the
person for arrest pursuant to section 29-30.3-12 or 29-30.3-18; or
b. Direct a law enforcement officer to maintain custody of the person.
Subject to section 29-30.3-07, the period of conditional release or custody may not
exceed thirty days.