29-30.3-14. (3-107) Judicial extradition hearing

29-30.3-14. (3-107) Judicial extradition hearing 1. If the magistrate after hearing finds that the governor has issued a warrant supported by the documentation required by subsection 1 of section 29-30.3-08 and section 29-30.3-09, 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 the arrested person is not the demanded 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 demanding state has not taken custody within the time specified in the order to transfer custody, the demanded 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.