North Dakota Century Code

N.D. Cent. Code § 29-04-04 (2026)

Time of defendant's absence not part of limitation

✓ current as of May 2026

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If, when a crime or public offense is committed, the defendant is out of the state, or if the defendant is within the state and subsequently leaves the state, the information may be filed, or the indictment found, within the time herein limited, after the defendant's return to the state. No time during which the defendant is not an inhabitant of, or usually resident within, this state is part of the limitation.\n\n Page No. 1 29-04-05. When prosecution is commenced. A prosecution is commenced when a uniform complaint and summons, a complaint, or an information is filed or when a grand jury indictment is returned.\n\n Page No. 2

Notes of Decisions

Cited in 3 cases, 2005–2007 · leading case: State v. Noorlun, 2005 ND 189 (N.D. 2005).

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State v. Noorlun, 2005 ND 189 (N.D. 2005). · cites it 2× “The time of a defendant’s absence from the State is not counted as part of the limitation period under N.D.C.C. § 29-04-04. Noorlun’s trial counsel’s failure to object to the lack of a preliminary examination did riot invalidate the December 17, 2003 information under N.”

Noorlun v. State, 2007 ND 118 (N.D. 2007). · cites it 2× “The court decided Noorlun’s trial counsel had not provided ineffective assistance of counsel for failing to move to quash the criminal information, because Noorlun was not in North Dakota for several periods of time leading up to the prosecutions and the statute of limitations…”

Interest of L.J., 2005 ND 182 (N.D. 2005). · cites it 2× “The time of a defendant’s absence from the State is not counted as part of the limitation period under N.D.C.C. § 29-04-04. Noorlun’s trial counsel’s failure to object to the lack of a preliminary examination did not invalidate the December 17, 2003 information under N.”

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