§ 40-18.1-19 — Appeals from determinations of municipal judge not in courts of record

North Dakota § 40-18.1-19

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-18.1: Municipal Courts

Text

1. For a case filed before July 1, 2026, an appeal may be taken to the district court from
a judgment of conviction or order deferring imposition of sentence in a municipal court
in accordance with the North Dakota Rules of Criminal Procedure.
2. An appeal is perfected by notice of appeal. A perfected appeal to the district court
transfers the action to the district court for trial anew. Failure to remove the case under
section 40-18.1-18 constitutes waiver of jury trial on appeal.
3. On all appeals from a determination in a municipal court, the district court shall take
judicial notice of all of the ordinances of the city.
4. A filing fee may not be required in district court for the filing of an appeal from a
judgment of conviction for the violation of a city ordinance.
5. Expenses necessary for the adequate defense of an indigent individual in an appeal to
the district court from a judgment of conviction for the violation of a municipal
ordinance, as approved by the presiding district judge, must be paid by the city where
the alleged offense took place.
6. Unless remanded to the municipal court by agreement of the parties, the district court
retains jurisdiction for sentencing and enforcement.