North Dakota § 29-30.3-13 (3-106) Rights of demanded person

North Dakota Statutes

§ 29-30.3-13 — (3-106) Rights of demanded person

North Dakota § 29-30.3-13

Title 29Judicial Procedure, Criminal

Ch. 29-30.3Uniform Extradition and Rendition Act

This text of North Dakota § 29-30.3-13 ((3-106) Rights of demanded person) 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 § 29-30.3-13 (2026).

Text

1.A person arrested under a governor's warrant must be brought before the nearest available magistrate who shall receive the warrant and inform the person of:

a.The name of the state demanding extradition;

b.The crime charged or other basis for the demand;

c.The right to assistance of counsel; and

d.The right to a judicial hearing under section 29-30.3-14.

2.After being informed by the magistrate of the effect of a waiver, the demanded person may waive the right to a judicial hearing and consent to return to the demanding 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 executive authority of the demanding state, authorize

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1. A person arrested under a governor's warrant must be brought before the nearest
available magistrate who shall receive the warrant and inform the person of:
a. The name of the state demanding extradition;
b. The crime charged or other basis for the demand;
c. The right to assistance of counsel; and
d. The right to a judicial hearing under section 29-30.3-14.
2. After being informed by the magistrate of the effect of a waiver, the demanded person
may waive the right to a judicial hearing and consent to return to the demanding 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 executive authority of the demanding state,
authorize the voluntary return of the person.
3. If a hearing is not waived, the magistrate shall hold it within ten days after the
appearance. The demanded person and the state's attorney of the county in which the
hearing is to be held must be informed of the time and the place of the hearing. The
magistrate shall:
a. Release the person upon conditions that will reasonably assure availability of the
person for the hearing; or
b. Direct a law enforcement officer to maintain custody of the person.