North Dakota § 29-30.3-20 (4-106) Judicial rendition hearing

North Dakota Statutes

§ 29-30.3-20 — (4-106) Judicial rendition hearing

North Dakota § 29-30.3-20

Title 29Judicial Procedure, Criminal

Ch. 29-30.3Uniform Extradition and Rendition Act

This text of North Dakota § 29-30.3-20 ((4-106) Judicial rendition hearing) 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 § 29-30.3-20 (2026).

Text

1.If the magistrate after hearing finds that sections 29-30.3-15 and 29-30.3-16 have been complied with, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 unless the arrested person establishes by clear and convincing evidence that arrested person is not the requested person.

2.If the magistrate does not order transfer of custody, the magistrate shall order the arrested person to be released. If the agent of the requesting state has not taken custody within the time specified in the order to transfer custody, the requested person must be released. Thereafter, an order to transfer custody may be entered only if a new arrest warrant is issued as a result of a new demand for extradition or a new request for rendition.

3.An order to transfer custody is n

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1. If the magistrate after hearing finds that sections 29-30.3-15 and
29-30.3-16 have been complied with, the magistrate shall issue an order to transfer
custody pursuant to section 29-30.3-21 unless the arrested person establishes by
clear and convincing evidence that arrested person is not the requested person.
2. If the magistrate does not order transfer of custody, the magistrate shall order the
arrested person to be released. If the agent of the requesting state has not taken
custody within the time specified in the order to transfer custody, the requested person
must be released. Thereafter, an order to transfer custody may be entered only if a
new arrest warrant is issued as a result of a new demand for extradition or a new
request for rendition.
3. An order to transfer custody is not appealable.
4. An order denying transfer is appealable.