North Dakota Century Code Title 40. Municipal Government § 40-18.1-03. Fitness to proceed

1. If reason to doubt a defendant's fitness to proceed exists, as defined under section 12.1-04-04, the case must be:

2. The district court shall order the defendant to undergo a fitness to proceed evaluation under chapter 12.1-04. If the defendant is found fit to proceed, the case must be remanded to the municipal court for further proceedings.

3. The time to petition to transfer the matter to district court under section 40-18.1-18 is suspended pending determination of the defendant's fitness to proceed.

4. If the defendant is found to lack fitness to proceed, the case must be dismissed.

5. In proceedings under this section, the city shall provide a prosecuting attorney and, in the case of an indigent defendant, a defense attorney. The city may contract with the county, state, or any person for the prosecution or defense services.