North Dakota Code 31-01-14 – Places where persons may be compelled to attend as witnesses in criminal matters
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No person is obliged to attend as a witness in a criminal action or proceeding in this state before a court or magistrate outside of the county in which the person resides or is served with the subpoena, unless the committing magistrate before whom the defendant is brought, or the judge of the court in which the offense is triable, or a judge of the district court, or a judge of the supreme court, upon an affidavit of the state’s attorney or prosecutor, or of the defendant, or the defendant’s counsel, stating that the affiant believes the evidence of the witness is material, and the witness’s attendance at the examination or trial necessary, shall endorse upon the subpoena an order for the attendance of the witness.
Terms Used In North Dakota Code 31-01-14
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.