Stay Of Execution And Relief Pending Review

North Dakota Rules of Criminal Procedure

Rule: 38.

Jurisdiction: ND

Bluebook Citation: N.D.R.Crim.P. 38.

(a) Imprisonment. If the defendant is released pending appeal under N.D.R.App.P. 9, the court must stay a sentence of imprisonment. (b) Fine. If the defendant appeals, the court may stay a sentence to pay a fine, fee or costs. The court may stay the sentence on any terms considered appropriate and may require the defendant to: (1) deposit all or part of the fine, fee or costs with the clerk; (2) post a bond to pay the fine, fee or costs; or (3) submit to an examination concerning the defendant's assets and, if appropriate, order the defendant to refrain from dissipating assets. (c) Probation. If the defendant appeals, the court may stay a sentence of probation. The court must set the terms of any stay. (d) Restitution and Notice to Victims. (1) In General. If the defendant appeals, the court may stay, on any terms considered appropriate, any sentence providing for restitution or notice to victims. (2) Ensuring Compliance. The court may issue any order reasonably necessary to ensure compliance with a restitution order or a notice order after disposition of an appeal, including: (A) a restraining order; (B) an injunction; (C) an order requiring the defendant to deposit all or part of any monetary restitution into the district court's registry; or (D) an order requiring the defendant to post a bond.

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