29-16 Method of Trial - North Dakota Statutes

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CHAPTER 29-16METHOD OF TRIAL29-16-01. Issue of fact. An issue of fact arises:1.Upon a plea of not guilty;2.Upon a plea of former conviction or acquittal of the same offense; or3.Upon a plea of once in jeopardy.29-16-02. Issues of fact tried by jury - When trial by jury may be waived. In anycase, whether a misdemeanor or felony, a trial jury may be waived by the consent of the
defendant and the state's attorney expressed in open court and entered on the minutes of the
court. Otherwise, the issues of fact must be tried by the jury.29-16-03. Presence of defendant if felony charged. Superseded by N.D.R.Crim.P.,Rule 43.29-16-04. Presence of defendant in prosecution for misdemeanor. Superseded byN.D.R.Crim.P., Rule 43.29-16-05. Order or warrant requiring presence of defendant. If the presence of adefendant on trial for an infraction or a misdemeanor, who is voluntarily absent, is necessary for
any purpose, the court, upon application of the state's attorney or other person appointed to
prosecute, may make an order or warrant requiring the personal attendance of the defendant at
the trial.29-16-06. Presence of defendant at proceedings before and after trial. Supersededby N.D.R.Crim.P., Rule 43.29-16-07. Time to prepare for trial. After a plea of not guilty, the defendant, if thedefendant requests it, is entitled to at least one day to prepare for trial, and further time for good
cause shown.Page No. 1Document Outlinechapter 29-16 method of trial