CHAPTER 29-16 METHOD OF TRIAL 29-16-01. Issue of fact
An issue of fact arises: 1. Upon a plea of not guilty; 2. Upon a plea of former conviction or acquittal of the same offense; or 3. Upon a plea of once in jeopardy
29-16-02. Issues of fact tried by jury - When trial by jury may be waived
In any case, whether a misdemeanor or felony, a trial jury may be waived by the consent of the defendant and the state's attorney expressed in open court and entered on the minutes of the court. Otherwise, the issues of fact must be tried by the jury
29-16-03. Presence of defendant if felony charged
Superseded by N.D.R.Crim.P., Rule 43
29-16-04. Presence of defendant in prosecution for misdemeanor
Superseded by N.D.R.Crim.P., Rule 43
29-16-05. Order or warrant requiring presence of defendant
If the presence of a defendant on trial for an infraction or a misdemeanor, who is voluntarily absent, is necessary for any purpose, the court, upon application of the state's attorney or other person appointed to prosecute, may make an order or warrant requiring the personal attendance of the defendant at the trial
29-16-06. Presence of defendant at proceedings before and after trial
Superseded by N.D.R.Crim.P., Rule 43
29-16-07. Time to prepare for trial
After a plea of not guilty, the defendant, if the defendant requests it, is entitled to at least one day to prepare for trial, and further time for good cause shown
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