Find Legal Information

29-16 Method of Trial

Download pdf

CHAPTER 29-16METHOD OF TRIAL29-16-01. Issue of fact. An issue of fact arises:1.Upon a plea of not guilty;2.Upon a plea of former conviction or acquittal of the same offense; or3.Upon a plea of once in jeopardy.29-16-02. Issues of fact tried by jury - When trial by jury may be waived. In anycase, whether a misdemeanor or felony, a trial jury may be waived by the consent of the<br>defendant and the state's attorney expressed in open court and entered on the minutes of the<br>court. Otherwise, the issues of fact must be tried by the jury.29-16-03. Presence of defendant if felony charged. Superseded by N.D.R.Crim.P.,Rule 43.29-16-04. Presence of defendant in prosecution for misdemeanor. Superseded byN.D.R.Crim.P., Rule 43.29-16-05. Order or warrant requiring presence of defendant. If the presence of adefendant on trial for an infraction or a misdemeanor, who is voluntarily absent, is necessary for<br>any purpose, the court, upon application of the state's attorney or other person appointed to<br>prosecute, may make an order or warrant requiring the personal attendance of the defendant at<br>the trial.29-16-06. Presence of defendant at proceedings before and after trial. Supersededby N.D.R.Crim.P., Rule 43.29-16-07. Time to prepare for trial. After a plea of not guilty, the defendant, if thedefendant requests it, is entitled to at least one day to prepare for trial, and further time for good<br>cause shown.Page No. 1Document Outlinechapter 29-16 method of trial