North Dakota § 40-18.1-02 Jurisdiction

North Dakota Statutes

§ 40-18.1-02 — Jurisdiction

North Dakota § 40-18.1-02

Title 40Municipal Government

Ch. 40-18.1Municipal Courts

This text of North Dakota § 40-18.1-02 (Jurisdiction) 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 § 40-18.1-02 (2026).

Text

1.The municipal court has jurisdiction to hear, try, and determine offenses against the ordinances of any city served by the court.

2.Notwithstanding any other provision of law, the municipal court does not have jurisdiction to hear, try, and determine:

a.An offense that would be a violation of section 39-08-01 or equivalent ordinance, if the individual charged with the offense has twice previously been convicted of a violation of section 39-08-01 or equivalent ordinance within the seven years preceding the commission of the offense charged or if the individual charged with the offense has three times previously been convicted of a violation of section 39-08-01 or equivalent ordinance within the fifteen years preceding the commission of the offense charged. If the offense is charged in

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1. The municipal court has jurisdiction to hear, try, and determine offenses against the
ordinances of any city served by the court.
2. Notwithstanding any other provision of law, the municipal court does not have
jurisdiction to hear, try, and determine:
a. An offense that would be a violation of section 39-08-01 or equivalent ordinance,
if the individual charged with the offense has twice previously been convicted of a
violation of section 39-08-01 or equivalent ordinance within the seven years
preceding the commission of the offense charged or if the individual charged with
the offense has three times previously been convicted of a violation of section
39-08-01 or equivalent ordinance within the fifteen years preceding the
commission of the offense charged. If the offense is charged in the municipal
court and the municipal judge has notice of a violation of section 39-08-01 or
equivalent ordinance twice within the seven years, or three times within the fifteen
years, preceding the commission of the offense charged, the municipal judge
shall dismiss the charge, without prejudice, and refer the matter to the state's
attorney of the county in which the municipal court is located.
b. An offense that would be a violation of section 39-08-01 or equivalent ordinance if
the judge is not licensed to practice law in this state.
c. A domestic violence offense.

d. A criminal offense, including criminal traffic offenses, against a juvenile, except a
municipal court may hear, try, and determine noncriminal offenses against a
juvenile if the juvenile is not subject to the exclusive jurisdiction of the juvenile
court under chapter 27-20.2.