As used in this code:

Terms Used In North Dakota Code 54-03.2-02

  • 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
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

1.    “Hearing” means any meeting in the course of an investigatory proceeding, other than a preliminary conference or interview at which no testimony is taken under oath, conducted by an investigating committee for the purpose of taking testimony or receiving other evidence. A hearing may be open to the public or closed to the public.

2.    “Investigating committee” means any of the following:

a.    A standing or select committee of either house of the legislative assembly. b.    A joint committee of both houses.

c.    An authorized subcommittee of a legislative committee.

d.    The legislative management and any interim committee of the legislative management if specifically designated by the legislative management as an investigating committee with subpoena powers.

e.    Any other body created by law, the members of which may include nonlegislators. Investigating committees have the power to issue subpoenas and subpoenas duces tecum in the manner provided for in section 54-03.2-08. Nothing in this chapter may be construed as in derogation of any power to issue subpoenas which is inherent in the legislative assembly or any of its committees.

3.    “Public hearing” means any hearing open to the public or the proceedings of which are made available to the public.