N.D. R. App. P. 9 (2026)

RULE 9. RELEASE IN CRIMINAL CASES

Effective Date: 3/1/2021

(a) Motion to District Court. Any motion for release, modification of the conditions of release, or revocation of release after a notice of appeal from a judgment of conviction has been filed must first be made to the district court before the motion may be made to the supreme court. If the district court refuses release pending appeal, or imposes conditions of release, or revokes release the court must state in writing the reasons for the action taken.

(b) Motion to Supreme Court. After having first been made to the district court, a motion for release, or for modification of the conditions of release, or for revocation of release pending review may be made to the supreme court or to one of its justices. After reasonable notice to the appellee, the motion must be determined promptly upon such documents, declarations, and portions of the record as the parties present. The court or one of its justices may order the release of the appellant pending disposition of the motion.