North Dakota Code 29-21-01 – Order of trial
The jurors having been impaneled and sworn, the trial must proceed in the following order:
Terms Used In North Dakota Code 29-21-01
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- indictment: is a n accusation in writing presented by a grand jury to a competent court charging a person with a crime or public offense. See North Dakota Code 29-01-13
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- information: is a n 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. See North Dakota Code 29-01-13
- Oversight: Committee review of the activities of a Federal agency or program.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. If the information or indictment is for a felony, the clerk or state‘s attorney shall read it, and shall state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.
2. The state’s attorney, or other counsel for the state, shall open the case and offer the evidence in support of the information or indictment.
3. The defendant or the defendant’s counsel then may open the defense and offer the defendant’s evidence in support thereof.
4. The parties then, respectively, may offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, or to correct an evident oversight, permits them to offer evidence upon their original case.
5. When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the counsel for the state shall commence, and the defendant or the defendant’s counsel shall follow. Then the counsel for the state shall conclude the argument to the jury.
6. The judge then shall charge the jury.