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

Terms Used In North Dakota Code 29-01-13

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Oath: includes "affirmation". See North Dakota Code 1-01-49
  • paper: means any flexible material upon which it is usual to write. See North Dakota Code 1-01-27
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Rule: includes regulation. 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
  • Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

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    Superseded by N.D.R.Crim.P., Rule 3.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.