N.D. Cent. Code § 12.1-04.1-15
12.1-04.1-15. Use of recording of examination
12.1-04.1-15. Use of recording of examination
Except as provided in section 12.1-04.1-09, recording of an examination of the defendant
concerning the defendant's mental condition at the time of the alleged offense may be referred
to or otherwise used only on cross-examination for the purpose of impeachment of the tier 1a
mental health professional who conducted the examination and then on redirect examination of
that witness to the extent permitted by the North Dakota Rules of Evidence. The defendant must
make the recording available to the prosecuting attorney before any use of it pursuant to this
section. If the recording is so used, this section does not preclude its use for the purpose of
impeachment of the defendant in any other criminal, civil, or administrative proceeding.