North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-32.1-15. Motion for DNA testing not available at trial

a. The testing is to be performed on evidence secured in relation to the trial which resulted in the conviction; and

b. The evidence was not subject to the testing because either the technology for the testing was not available at the time of the trial or the testing was not available as evidence at the time of the trial.

a. Identity was an issue in the trial; and

b. The evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material aspect.

a. A prima facie case has been established under subsection 2;

b. The testing has the scientific potential to produce new, noncumulative evidence materially relevant to the defendant's assertion of actual innocence; and

c. The testing requested employs a scientific method generally accepted within the relevant scientific community. The court shall impose reasonable conditions on the testing designed to protect the state's interests in the integrity of the evidence and the testing process.