N.D. Cent. Code § 12.1-04.1-05
12.1-04.1-05. Examination at request of prosecuting attorney
12.1-04.1-05. Examination at request of prosecuting attorney
1. If the defendant has given notice under section 12.1-04.1-03 or 12.1-04.1-04 of intent
to introduce evidence obtained from examination of the defendant by a tier 1a mental
health professional after the time of the alleged offense, the court, upon application by
the prosecuting attorney and after opportunity for response by the defendant, shall
order the defendant be examined by one or more tier 1a mental health professionals
retained by the prosecuting attorney. The court shall include in the order provisions as
to the time, place, and conditions of the examination.
2. If the parties agree to examination of the defendant by a tier 1a mental health
professional retained by the prosecuting attorney without order of the court, sections
12.1-04.1-06, 12.1-04.1-07, 12.1-04.1-08, 12.1-04.1-10, 12.1-04.1-11, 12.1-04.1-12,
12.1-04.1-13, 12.1-04.1-14, and 12.1-04.1-15 apply to that examination.