N.D. Cent. Code § 27-09.1-12
27-09.1-12. Challenging compliance with selection procedures
27-09.1-12. Challenging compliance with selection procedures
1. Within seven days after the moving party discovered or by the exercise of diligence
could have discovered the grounds therefor, and in any event before the petit jury is
sworn to try the case, a party may move to stay the proceedings, and in a criminal
case to quash the indictment or information, or for other appropriate relief, on the
ground of a substantial failure to comply with this chapter in selecting the grand or petit
jury.
2. Upon motion filed under subsection 1 containing a sworn statement of facts which, if
true, would constitute a substantial failure to comply with this chapter, the moving party
is entitled to present in support of the motion the testimony of the clerk, any relevant
records and papers not public or otherwise available used by the clerk, and any other
relevant evidence. If the court determines that in selecting either a grand jury or a petit
jury there has been a substantial failure to comply with this chapter, the court shall stay
the proceedings pending the selection of the jury in conformity with this chapter, quash
an indictment or information, or grant other appropriate relief.
3. The procedures prescribed by this section are the exclusive means by which a person
accused of a crime, the state, or a party in a civil case may challenge a jury on the
ground that the jury was not selected in conformity with this chapter.
4. The contents of any records or papers used by the clerk in connection with the
selection process and not made public under this chapter shall not be disclosed,
except in connection with the preparation or presentation of a motion under subsection
1, until after all persons selected to serve as jurors have been discharged. The parties
in a case may inspect, reproduce, and copy the records or papers at all reasonable
times during the preparation and pendency of a motion under subsection 1.