Any person whose name is mentioned or who is otherwise identified during a hearing of an investigating committee and who, in the opinion of the committee, may be adversely affected thereby, may, upon that person’s request or upon the request of any member of the committee, appear personally before the committee and testify in that person’s own behalf, or, with the committee’s consent, file a sworn written statement of facts or other documentary evidence for incorporation into the record of the hearing.

Terms Used In North Dakota Code 54-03.2-13

  • 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.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testify: includes every mode of oral statement under oath or affirmation. See North Dakota Code 1-01-49
  • 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

Upon the consent of a majority of its members, an investigating committee may permit any other person to appear and testify at a hearing or submit a sworn written statement of facts or other documentary evidence for incorporation into the record thereof. No request to appear, appearance, or submission of evidence limits in any way the investigating committee’s power of subpoena.

Any person who appears before an investigating committee pursuant to this section shall have all the rights, privileges, and responsibilities of a witness provided by this code.