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North Dakota · Through 2026-07-31T11:12:02 · Newer source version available

N.D. Cent. Code § 29-30.3-06: (2-103) Appearance prior to receipt of demand or request

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Where this section sits in the code
  1. Title 29 Judicial Procedure, Criminal
  2. Chapter 29-30.3 Uniform Extradition And Rendition Act

1.The magistrate shall inform the person appearing pursuant to section 29-30.3-04 or 29-30.3-05 of:

a.The name of the other state that has subjected the person to an arrest warrant;

b.The basis for the arrest warrant in the other state;

c.The right to assistance of counsel; and

d.The right to require a judicial hearing under this chapter before transfer of custody to the other state.

2.After being informed by the magistrate of the effect of a waiver, the arrested person may waive the right to require a judicial hearing under this chapter and consent to return to the other state by executing a written waiver in the presence of the magistrate. If the waiver is executed, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 or, with the consent of the official upon whose application the arrest warrant was issued in the other state, authorize the voluntary return of the person to that state.

3.Unless a waiver is executed pursuant to subsection 2, the magistrate shall:

a.Release the person upon conditions that will reasonably assure availability of the person for arrest pursuant to section 29-30.3-12 or 29-30.3-18; or

b.Direct a law enforcement officer to maintain custody of the person. Subject to section 29-30.3-07, the period of conditional release or custody may not exceed thirty days.

Collected 2026-09-02T21:04:14Z. Source file · JSON

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