§ 31-03-19 — Undertaking for appearance of material witness for state who appeared at preliminary examination - Minors

North Dakota § 31-03-19

• Jurisdiction: North Dakota
• Title 31: Judicial Proof
• Ch. 31-03: Means of Compelling Attendance of Witnesses

Text

preliminary examination - Minors.
If, after a preliminary examination, a defendant is held to answer, the magistrate before
whom the examination was held may require any material witness examined on the part of the
state:
1. To enter into a written undertaking, without surety, to the effect that such witness will
appear and testify at the court to which the complaint and depositions, if any, are to be
sent, or that the witness will forfeit such sum as the magistrate may fix and determine;
or
2. To enter into a written undertaking for the witness's appearance with such sureties and
in such sum as the magistrate may deem proper, if the magistrate is satisfied, by proof
on oath, that there is reason to believe that such witness will not appear and testify
unless security is required.
If any such material witness is a minor, any adult person may be allowed to give an undertaking
for the minor's appearance, or the magistrate may take the undertaking of such minor in a sum
not exceeding fifty dollars, which shall be valid and binding in law, notwithstanding the disability
of minority.