North Dakota Century Code Title 40. Municipal Government § 40-18.1-18. Transfer to district court--Expenses of prosecution--Division of funds and expenses among city, county, and state

1. A defendant may request in writing to transfer the case to district court and to exercise the defendant's right to a jury trial within twenty-eight days after arraignment. If the request is filed within twenty-eight days after the arraignment, the judge shall grant the request.

2. If the defendant waives a jury trial after a transfer to district court, the district court shall remand the matter to the municipal court for disposition and sentencing if the parties agree to a remand.

3. Unless remanded to the municipal court by agreement of the parties, the district court retains jurisdiction for sentencing and enforcement.

4. 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.

5. The city, county, and state may agree to a division of any fees, fines, costs, forfeitures, and any other monetary consideration collected from cases transferred under this section, which must be paid to the city general fund and the county treasury and the state general fund at least once each quarter. At the time of payment, the clerk of district court shall account under oath to the city auditor, county treasurer, and state treasurer for all money collected. In the contract, the city, county, and state may agree to a division of expenses, including jury and witness expenses, related to cases transferred under this section. In the absence of a contract, all fees, fines, costs, forfeitures, and any other monetary consideration collected from transferred cases must be deposited in the state general fund.