N.D. Cent. Code § 29-01-13

Current through 2024 Legislative Session
Section 29-01-13 - Definitions

As used in this title, unless the context or subject matter otherwise clearly requires:

1. Superseded by N.D.R.Crim.P., Rule 3.
2. An "indictment" is an accusation in writing presented by a grand jury to a competent court charging a person with a crime or public offense.
3. A "presentment" is an informal statement in writing by a grand jury representing to the court that a public offense has been committed which is triable in the county or subdivision, and that there is reasonable ground to believe that a particular individual named or described has committed it.
4. An "information" is an accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said court.
5. A "magistrate" is an officer authorized by law to issue a warrant for the arrest of a person charged with a crime or public offense.
6. The term "writing" includes printing and typewriting.
7. The term "oath" includes an affirmation.
8. The term "signature" includes a mark, when the person cannot write, the person's name being written near it and the mark being witnessed by a person who writes the witness's own name as a witness, except that if the paper is an affidavit or deposition, or a paper issued before a judicial officer, the attestation of the officer is sufficient.
9. The term "county" includes an organized county, or an organized county and such unorganized counties or other territory or parts of this state as may be attached by law to such organized county for judicial purposes.

N.D.C.C. § 29-01-13