North Dakota Code 44-10-20 – Proceedings on trial of court case – Costs – Appeal
If the charge is tried by the court, it shall proceed as upon the trial of a civil action by the court. The decision of the court or the verdict of the jury must be “guilty” or “not guilty”. Costs must be awarded as in a civil action. If the accused is found guilty, either by the decision of the court or by the verdict of the jury, the court shall render judgment that the accused be removed from office, and for the costs of the action. A statement of the case may be settled and an appeal taken as provided by law in a civil action. The court in its discretion, if the accused is found guilty, may award treble costs against the accused. If the court finds that the accusation was made without probable cause, it must tax the costs of the prosecution and trial against the complainant.
Terms Used In North Dakota Code 44-10-20
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
- verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge or of a master appointed to determine the issues in a cause. See North Dakota Code 1-01-41