North Dakota Code 31-04-04.2 – Use of audiovisual equipment for the testimony of minors or disabled adult witnesses
1. At the time of trial, if the witness is a minor or is a disabled adult as defined in section 12.1-31-07, the court may order the witness’s testimony be taken in a room other than the courtroom and be televised by audiovisual equipment in the courtroom if:
Terms Used In North Dakota Code 31-04-04.2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a human being. 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.
- 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
a. The testimony is taken during the proceeding; b. The judge determines the testimony of the witness in the presence of the defendant would result in the witness suffering serious emotional distress or trauma that would impact the ability of the witness to reasonably communicate; and c. Audiovisual equipment is available.
2. To obtain an order authorizing the use of audiovisual equipment for testimony by a minor or disabled adult witness, the party shall file a written motion with the court no later than fourteen days before the trial.
3. Only the prosecuting attorney, attorney for the defendant, guardian ad litem, and the judge may question the minor or disabled adult witness.
4. The following individuals may be in the room with the witness when the minor or disabled adult provides testimony:
a. The prosecuting attorney; b. The guardian ad litem; c. The judge while administering the oath; d. The operators of the audiovisual equipment; e. By order of the court, an individual whose presence contributes to the welfare and well-being of the witness, including an individual who has dealt with the witness in a therapeutic setting; and
f. An attorney representing the defendant.
5. The judge and defendant must be allowed to communicate with the individuals in the room where the witness is testifying through audiovisual equipment or by meeting outside the presence of the witness.
6. This section does not preclude the presence of both the witness and the defendant in the courtroom at the same time for purposes of identifying the defendant.