Transfer From The County For Plea And Sentence

North Dakota Rules of Criminal Procedure

Rule: 20.

Jurisdiction: ND

Bluebook Citation: N.D.R.Crim.P. 20.

(a) Consent to Transfer. A prosecution may be transferred from the county where the indictment, information, or complaint is pending to the county where the defendant is arrested, held or present if: (1) the defendant states in writing an intention to plead guilty and to waive trial in the county where the indictment, information, or complaint is pending, consents in writing to the court's disposing of the case in the transferee county and files the statement in the transferee county; and (2) the prosecuting attorneys for each county approve the transfer in writing. (b) Clerk's Duties. After receiving the defendant's statement and the required approvals, the clerk of court where the indictment, information, or complaint is pending must electronically transfer the file within the Odyssey system to the clerk of court in the transferee county. (c) Effect of Not Guilty Plea. If the defendant pleads not guilty after the case has been transferred under Rule 20(a), the clerk of court must electronically transfer the file within the Odyssey system to the court where the prosecution began, and the court must restore the proceeding to its docket. The defendant's statement of intention to plead guilty is not, in any civil or criminal proceeding, admissible against the defendant.

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