If a party brought before the court on the return of the writ is not entitled to a discharge, and is not admitted to bail or bailed when allowable, the court must remand the party to custody, or place the party under the restraint from which the party was taken, if the person under whose custody or restraint the party was is legally entitled thereto.

Terms Used In North Dakota Code 32-22-21

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.