North Dakota § 40-18.1-18 Transfer to district court - Expenses of prosecution - Division of funds and expenses among city, county, and state

North Dakota Statutes

§ 40-18.1-18 — Transfer to district court - Expenses of prosecution - Division of funds and expenses among city, county, and state

North Dakota § 40-18.1-18

Title 40Municipal Government

Ch. 40-18.1Municipal Courts

This text of North Dakota § 40-18.1-18 (Transfer to district court - Expenses of prosecution - Division of funds and expenses among city, county, and state) 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 § 40-18.1-18 (2026).

Text

and expenses among city, county, and state.

1.A defendant may request in writing to transfer the case to district court and to exercise the defendant's right to a jury trial within twenty-eight days after arraignment. If the request is filed within twenty-eight days after the arraignment, the judge shall grant the request.

2.If the defendant waives a jury trial after a transfer to district court, the district court shall remand the matter to the municipal court for disposition and sentencing if the parties agree to a remand.

3.Unless remanded to the municipal court by agreement of the parties, the district court retains jurisdiction for sentencing and enforcement.

4.The city shall provide a prosecuting attorney and, in the case of an indigent defendant, a defense attorney. The city ma

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

and expenses among city, county, and state.
1. A defendant may request in writing to transfer the case to district court and to exercise
the defendant's right to a jury trial within twenty-eight days after arraignment. If the

request is filed within twenty-eight days after the arraignment, the judge shall grant the
request.
2. If the defendant waives a jury trial after a transfer to district court, the district court
shall remand the matter to the municipal court for disposition and sentencing if the
parties agree to a remand.
3. Unless remanded to the municipal court by agreement of the parties, the district court
retains jurisdiction for sentencing and enforcement.
4. 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.
5. The city, county, and state may agree to a division of any fees, fines, costs, forfeitures,
and any other monetary consideration collected from cases transferred under this
section, which must be paid to the city general fund and the county treasury and the
state general fund at least once each quarter. At the time of payment, the clerk of
district court shall account under oath to the city auditor, county treasurer, and state
treasurer for all money collected. In the contract, the city, county, and state may agree
to a division of expenses, including jury and witness expenses, related to cases
transferred under this section. In the absence of a contract, all fees, fines, costs,
forfeitures, and any other monetary consideration collected from transferred cases
must be deposited in the state general fund.