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N.D. Cent. Code § 27-20.5-03

Motion for fitness to proceed examination (Effective after January 1, 2027)

Motion for fitness to proceed examination. (Effective after January 1, 2027) 1. If there is reason to doubt the minor's fitness to proceed, the court may order on its own motion, or at the request of the minor, the minor's parent, legal guardian, legal custodian, or attorney, or the prosecuting attorney, a fitness to proceed examination to determine whether the minor is fit to proceed if the minor is the subject of a delinquency petition in the court. The minor's fitness to proceed may be raised by the court before which the proceedings are pending or being held, or by motion of a party, at any time during the proceeding.

2. If there is reason to doubt the minor's fitness to proceed, adjudication may not occur until after a determination is made on the fitness of the minor to proceed in accordance with this chapter.

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.