North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-30.3-20. (4-106) Judicial rendition hearing

1. If the magistrate after hearing finds that sections 29-30.3-15 and 29-30.3-16 have been complied with, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 unless the arrested person establishes by clear and convincing evidence that arrested person is not the requested person.

2. If the magistrate does not order transfer of custody, the magistrate shall order the arrested person to be released. If the agent of the requesting state has not taken custody within the time specified in the order to transfer custody, the requested person must be released. Thereafter, an order to transfer custody may be entered only if a new arrest warrant is issued as a result of a new demand for extradition or a new request for rendition.

3. An order to transfer custody is not appealable.

4. An order denying transfer is appealable.