The magistrate holding a preliminary hearing, upon the request of the defendant, may exclude from the examination every person except the magistrate’s clerk, the prosecutor and the prosecutor’s counsel, the attorney general of the state, the state’s attorney of the county, the defendant and the defendant’s counsel, and such other person as the defendant may designate, and the officer having the defendant in custody, but such exclusion, and the extent thereof, is within the discretion of the court.

Terms Used In North Dakota Code 29-07-14

  • 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. See North Dakota Code 29-01-13
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • magistrate: is a n officer authorized by law to issue a warrant for the arrest of a person charged with a crime or public offense. See North Dakota Code 29-01-13
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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
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