North Dakota Code § 29-08-28

Bail - Defendant's property
Open in Lexace · Ask the AI about this section
Except as otherwise provided in this section, moneys deposited as bail are the property of 
the defendant, whether deposited by the defendant or by a third person on the defendant's 
behalf. If bail moneys are deposited by a third person, the person must be notified at the time of 
deposit that the moneys may be paid to the defendant upon final disposition of the case or 
applied to any fine, cost, or restitution imposed on the defendant. The person may direct, 
subject to further order of the judge, that the deposited moneys be released to that person upon 
final disposition of the case. When moneys are accepted by the court as bail, the judge shall 
order that the moneys received be deposited with the clerk of court. The clerk shall retain the 
moneys until the final order of the court disposing of the case. Upon release of the moneys held 
by the clerk, the moneys must be paid to the defendant or pursuant to the defendant's written 
direction or, unless otherwise ordered by the judge, as directed by a person who deposited 
moneys on behalf of the defendant. In the case of a conviction, the judge may order the moneys 
to be applied to any fine, cost, or restitution imposed on the defendant. The balance of the 
deposit, if any, must be paid to the defendant. Moneys deposited with the court or clerk of court 
as bail are exempt from garnishment, attachment, or execution.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.