1.    A person who has been lawfully ordered to appear at a specified time and place to testify or to produce information in an official proceeding is guilty of a class A misdemeanor if, without lawful privilege, he fails to appear or to produce the information at that time and place.

Terms Used In North Dakota Code 12.1-10-02

  • Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Official proceeding: means a proceeding heard or which may be heard before any government agency or branch or public servant authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding. See North Dakota Code 12.1-01-04
  • paper: means any flexible material upon which it is usual to write. See North Dakota Code 1-01-27
  • person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.
  • Testify: includes every mode of oral statement under oath or affirmation. See North Dakota Code 1-01-49

2.    A person attending an official proceeding is guilty of a class A misdemeanor if, without lawful privilege, he fails to comply with a lawful order:

a.    To occupy or remain at the designated place from which he is to testify as a witness in such proceeding; or

b.    To be sworn or to make equivalent affirmation as a witness in such proceeding.

3.    It is a defense to a prosecution under this section that the defendant:

a.    Was prevented from appearing at the specified time and place or unable to produce the information because of circumstances to the creation of which he did not contribute in reckless disregard of the requirement to appear or to produce; or

b.    Complied with the order before his failure to do so substantially affected the proceeding.

4.    In this section, and in section 12.1-10-03:

a.    “Authorized agency” means an agency authorized by statute to issue subpoenas or similar process supported by the sanctions of this section.

b.    “Information” means a book, paper, document, record, or other tangible object.

c.    “Official proceeding” means:

(1) An official proceeding before a judge or court of this state, a magistrate, or a grand jury.

(2) An official proceeding before the legislative assembly or one of its session or interim committees.

(3) An official proceeding in which, pursuant to lawful authority, a court orders attendance or the production of information.

(4) An official proceeding before an authorized agency.

(5) An official proceeding which otherwise is made expressly subject to this section.