North Dakota Motion for Psychiatric Examination of Defendant

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State:
Multi-State
Control #:
US-00802
Format:
Word; 
Rich Text
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Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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FAQ

Upon a defendant's request, the government must furnish the defendant with a copy of the defendant's prior criminal record that is within the government's possession, custody, or control if the attorney for the government knows?or through due diligence could know?that the record exists.

Upon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, within the possession, custody, or control of the prosecution, the existence of ...

An order to show cause issued pursuant to section 27-10-07 may be made in the action or proceeding in or respecting which the offense was committed, either before or after the final judgment or order therein, and is equivalent to a notice of motion.

The court shall order a person convicted of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 to pay restitution to the victim of the offense for: a. Expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorney's fees and costs; and b.

04.101. Standard for lack of criminal responsibility. The individual lacks substantial capacity to comprehend the harmful nature or consequences of the conduct, or the conduct is the result of a loss or serious distortion of the individual's capacity to recognize reality; and b.

The purpose of Rule 16, in layman's terms, establishes the powers and responsibilities of the court, as it relates to discovery. Rule 16 first lays out the reasons for a Pretrial Conference. The rationale for this conference is directly in line with the other FRCP Amendment goals.

The Dispositional Conference is a hearing where the parties essentially inform the court on the status of the case. This can be whether the case should be set for trial, for a change of plea, or even continued if either side needs more time to work on the case.

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North Dakota Motion for Psychiatric Examination of Defendant