Terms Used In North Dakota Code > Chapter 29-12 - Process Upon Information and Indictment

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes an organized county, or an organized county and such unorganized counties or other territory or parts of this state as may be attached by law to such organized county for judicial purposes. See North Dakota Code 29-01-13
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• indictment: is a n accusation in writing presented by a grand jury to a competent court charging a person with a crime or public offense. See North Dakota Code 29-01-13
• information: is a n accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said court. See North Dakota Code 29-01-13
• magistrate: is a n officer authorized by law to issue a warrant for the arrest of a person charged with a crime or public offense. See North Dakota Code 29-01-13
• Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Rule: includes regulation. See North Dakota Code 1-01-49
• Summons: Another word for subpoena used by the criminal justice system.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.