North Dakota § 40-18.1-03 Fitness to proceed

North Dakota Statutes

§ 40-18.1-03 — Fitness to proceed

North Dakota § 40-18.1-03

Title 40Municipal Government

Ch. 40-18.1Municipal Courts

This text of North Dakota § 40-18.1-03 (Fitness to proceed) 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 § 40-18.1-03 (2026).

Text

1.If reason to doubt a defendant's fitness to proceed exists, as defined under section 12.1-04-04, the case must be:

a.Transferred to the district court for evaluation; or

b.Dismissed on motion by the prosecutor.

2.The district court shall order the defendant to undergo a fitness to proceed evaluation under chapter 12.1-04. If the defendant is found fit to proceed, the case must be remanded to the municipal court for further proceedings.

3.The time to petition to transfer the matter to district court under section 40-18.1-18 is suspended pending determination of the defendant's fitness to proceed.

4.If the defendant is found to lack fitness to proceed, the case must be dismissed.

5.In proceedings under this section, the city shall provide a prosecuting attorney and, in the case of a

Free access — add to your briefcase to read the full text and ask questions with AI

1. If reason to doubt a defendant's fitness to proceed exists, as defined under section
12.1-04-04, the case must be:
a. Transferred to the district court for evaluation; or
b. Dismissed on motion by the prosecutor.
2. The district court shall order the defendant to undergo a fitness to proceed evaluation
under chapter 12.1-04. If the defendant is found fit to proceed, the case must be
remanded to the municipal court for further proceedings.
3. The time to petition to transfer the matter to district court under section 40-18.1-18 is
suspended pending determination of the defendant's fitness to proceed.
4. If the defendant is found to lack fitness to proceed, the case must be dismissed.
5. In proceedings under this section, the city shall provide a prosecuting attorney and, in
the case of an indigent defendant, a defense attorney. The city may contract with the
county, state, or any person for the prosecution or defense services.