North Dakota § 29-30.3-19 (4-105) Rights of requested person

North Dakota Statutes

§ 29-30.3-19 — (4-105) Rights of requested person

North Dakota § 29-30.3-19

Title 29Judicial Procedure, Criminal

Ch. 29-30.3Uniform Extradition and Rendition Act

This text of North Dakota § 29-30.3-19 ((4-105) Rights of requested 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 § 29-30.3-19 (2026).

Text

1.The magistrate shall inform the person appearing pursuant to section 29-30.3-18 of:

a.The name of the state requesting rendition;

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 pursuant to section 29-30.3-20.

2.After being informed by the magistrate of the effect of a waiver, the requested person may waive the right to a judicial hearing and consent to return to the requesting 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 consent of the official upon whose application the request was issued authorize the voluntary return of the person.

3.If a he

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1. The magistrate shall inform the person appearing pursuant to section 29-30.3-18 of:
a. The name of the state requesting rendition;
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 pursuant to section 29-30.3-20.

2. After being informed by the magistrate of the effect of a waiver, the requested person
may waive the right to a judicial hearing and consent to return to the requesting 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 consent of the official upon whose application the request was
issued 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 requested person and the state's attorney of the county in which the
hearing is to be held must be informed of the time and 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.