1.    Any person who is imprisoned in a penal or correctional institution of this state may request final disposition of any untried indictment, information, or complaint pending against that person in this state. The request must be in writing addressed to the court in which the indictment, information, or complaint is pending and to the prosecuting official charged with the duty of prosecuting it and must set forth the place of imprisonment.

Terms Used In North Dakota Code 29-33-01

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. 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
  • writing: includes printing and typewriting. See North Dakota Code 29-01-13
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

2.    The warden or other official having custody of prisoners shall promptly inform each prisoner in writing of the source and nature of any untried indictment, information, or complaint against a prisoner of which the warden or other official had knowledge or notice and of the prisoner’s right to make a request for final disposition thereof.

3.    Failure of the warden or other official to inform a prisoner, as required by this section, within one year after a detainer has been filed at the institution, entitles the prisoner to a final dismissal of the indictment, information, or complaint with prejudice.

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