North Dakota Code 44-09-17.1 – Depositions may be taken
In any impeachment trial conducted before the senate of the state of North Dakota, the testimony of any witness not a resident of the state of North Dakota and not amenable to subpoena within the state of North Dakota at the time of such trial may be taken by deposition upon the same notice, in the same manner and before any officer authorized to take depositions in civil cases in the courts of the state, upon subpoena issued by the clerk of the supreme court or the secretary of the senate, such subpoena must be issued upon the request of the prosecution or defense or the attorneys for either of them. Any such deposition when transcribed and certified by the officer taking the same must be by that officer filed with the secretary of state of the state of North Dakota, and must be held by the secretary of state, subject to examination by the board of managers, their attorneys, the impeached officer, and the impeached officer’s attorneys until the time of trial when it must, upon the request of the board of managers, be delivered to the secretary of the senate. Any such deposition must be in such manner as the senate may prescribe.
Terms Used In North Dakota Code 44-09-17.1
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.