N.D. Cent. Code § 29-28-07: From what the state may appeal

An appeal may be taken by the state from:

1.An order quashing an information or indictment or any count thereof.

2.An order granting a new trial.

3.An order arresting judgment.

4.An order made after judgment affecting any substantial right of the state.

5.An order granting the return of property or suppressing evidence, or suppressing a confession or admission, when accompanied by a statement of the prosecuting attorney asserting that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. The statement must be filed with the notice of appeal.