North Dakota Code 28-35-04 – (105) Cooperation between courts
1. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
Terms Used In North Dakota Code 28-35-04
- 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.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
a. Hold an evidentiary hearing; b. Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; c. Order that an evaluation or assessment be made of the respondent; d. Order any appropriate investigation of a person involved in a proceeding; e. Forward to the court of this state a certified copy of the transcript or other record of a hearing under subdivision a or any other proceeding, any evidence otherwise produced under subdivision b, and any evaluation or assessment prepared in compliance with an order under subdivision c or d; f. Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; or
g. Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in title 45, Code of Federal Regulations, part 164, section 504.
2. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection 1, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.