Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
1. A person who has been lawfully ordered to appear at a specified time and place to testify or to produce information in an official proceeding is guilty of a class A misdemeanor if, without lawful privilege, he fails to appear or to produce the information at that time and place.
2. A person attending an official proceeding is guilty of a class A misdemeanor if, without lawful privilege, he fails to comply with a lawful order:
a. To occupy or remain at the designated place from which he is to testify as a witness in such proceeding; or
b. To be sworn or to make equivalent affirmation as a witness in such proceeding.
3. It is a defense to a prosecution under this section that the defendant:
a. Was prevented from appearing at the specified time and place or unable to produce the information because of circumstances to the creation of which he did not contribute in reckless disregard of the requirement to appear or to produce; or
b. Complied with the order before his failure to do so substantially affected the proceeding.
4. In this section, and in section 12.1-10-03:
a. “Authorized agency” means an agency authorized by statute to issue subpoenas or similar process supported by the sanctions of this section.
b. “Information” means a book, paper, document, record, or other tangible object.
c. “Official proceeding” means:
(1) An official proceeding before a judge or court of this state, a magistrate, or a grand jury.
(2) An official proceeding before the legislative assembly or one of its session or interim committees.
(3) An official proceeding in which, pursuant to lawful authority, a court orders attendance or the production of information.
(4) An official proceeding before an authorized agency.
(5) An official proceeding which otherwise is made expressly subject to this section.
Cite this article: FindLaw.com - North Dakota Century Code Title 12.1. Criminal Code § 12.1-10-02. Failure to appear as witness, to produce information, or to be sworn - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-12-1-criminal-code/nd-cent-code-sect-12-1-10-02/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)