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NORTH DAKOTA STATUTES AND CODES

29-22 Jury After Submission of Cause and Verdict

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CHAPTER 29-22JURY AFTER SUBMISSION OF CAUSE AND VERDICT29-22-01. Retirement of jurors. After hearing the charge, the jurors shall retire fordeliberation to a room which must be provided for them by the board of county commissioners.
Such room must be supplied with heat, light, and other conveniences. If a room is not provided
by such board, the court may order the sheriff to provide one and the expenses incurred in
complying with such order, when certified by the court, are a charge against the county.29-22-02. Custody of jurors. The jurors shall retire in charge of one or more officerswho must be sworn to keep them together in some private and convenient place until they have
rendered their verdict. Such officer or officers shall furnish food and other necessaries to the
jurors, at the expense of the state, as directed by the court, and may not speak to nor
communicate with such jurors or any of them nor permit any other person so to do except by
order of the court. Men and women jurors may retire, when rest or sleep or propriety requires it,
to separate rooms.29-22-03. Selection of a foreman. The court shall appoint one of the jurors foreman orinstruct the jurors to select one of their number as foreman.29-22-04. What papers jurors may take. Upon retiring for deliberation, the jurors maytake with them:1.All papers or things other than depositions which have been received as evidence in
the cause, but if, in the opinion of the court, a public record or private document
received in evidence should not be taken from the person having possession, a copy
must be taken instead of the original;2.All or such parts of the written instructions as the court may direct;3.Notes of the testimony, or other proceedings on the trial, taken by jurors themselves
or any of them, but none taken by any other person; and4.Forms of verdict approved by the court.29-22-05.Disagreement - Further instructions.After the jurors have retired fordeliberation, if they desire to be informed on a point of law arising in the cause, or to have any
testimony about which they are in doubt or disagreement read to them, they, upon their request,
must be conducted into the courtroom by the officer who has them in custody. Upon their being
brought into court, the information required must be given in the presence of, or after notice to,
the state's attorney and the defendant or the defendant's counsel, or after they have been called.29-22-06. Court may recall jurors for supplemental instructions. The court mayrecall the jurors after they have retired to consider their verdict to give them additional
instructions or to correct any erroneous instructions it has given them.Such additional orcorrective instructions may be given only after notice to the state's attorney and to counsel for the
defendant.29-22-07. Court open during absence of jury. While the jurors are absent, the courtmay adjourn from time to time as to other business, but it nevertheless is deemed open for every
purpose connected with the cause submitted to them until a verdict is rendered or the jury is
discharged.29-22-08. Verdict prevented - Cause retried. When jurors are discharged or preventedfrom giving a verdict by reason of an accident or other cause, except when the defendant is
discharged from the information or indictment during the progress of the trial or after the cause is
submitted to them, the cause may be tried again at the same or another term, as the court may
direct.Page No. 129-22-09. Return of verdict. When the jurors have agreed upon their verdict, they mustbe conducted into court by the officer having them in charge. Their names then must be called
and if not all of them appear, the rest must be discharged without giving a verdict. In that case
the cause must be tried again at the same or another term.29-22-10. Verdict may be oral or in writing - Preparation. The verdict of the jurorsmay be rendered orally or in writing, as the jurors may elect, unless the court, at the time the
case is submitted to the jurors, requires that it be rendered in writing.When the court sorequires, the clerk of the court, under the direction of the court, shall provide blank verdicts of
suitable form for any verdict the jurors may return in the action and such blank verdicts must be
taken by the jurors when they retire.29-22-11.Presence of defendant - Felony or misdemeanor.Superseded byN.D.R.Crim.P., Rule 43.29-22-12.Procedure when jurors appear.When the jurors appear, they must beasked by the court or the clerk whether they have agreed upon their verdict and if the foreman
answers in the affirmative, they, on being required, shall declare the same.29-22-13. Jurors may be polled - Procedure. Superseded by N.D.R.Crim.P., Rule 31.29-22-14. Clerk to record verdict - Dissent - Procedure. When the verdict given issuch as the court may receive, the clerk immediately shall record it in full upon the minutes and
shall read it to the jurors and inquire of them whether it is their verdict. If any juror disagrees, the
fact must be entered upon the minutes and the jurors again sent out, but if no disagreement is
expressed, the verdict is complete and the jurors must be discharged from the case.29-22-15. General or special verdict - Libel. Superseded by N.D.R.Crim.P., Rule 31.29-22-16. General verdicts - Contents. Repealed by S.L. 1981, ch. 91,

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