North Dakota Century Code

N.D. Cent. Code § 29-21-03 (2026)

Court to decide questions of law

✓ text as last checked July 2026 (this copy records no edition or section history)
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The court shall decide all questions of law which arise in the course of the trial.

Notes of Decisions
Cited in 5 cases, 1986–1998 · leading case: State v. Saavedra, 396 N.W.2d 304 (N.D. 1986).
State v. Saavedra, 396 N.W.2d 304 (N.D. 1986). · cites it 2× “NDCC § 29-21-03. Therefore, the jury was properly instructed not to consider the legality of the original citation.”
State v. Clinkscales, 536 N.W.2d 661 (N.D. 1995). · cites it 2× “NDCC § 29-21-03 [court decides questions of law]; Sheldon, 301 N.”
City of Langdon v. Delvo, 390 N.W.2d 51 (N.D. 1986). · cites it 2× “We believe it is also a matter of sound judicial policy that the trial court, not the jury, is to decide whether evidence should be admitted or suppressed as the product of an illegal search.”
State v. Hafner, 1998 ND 220, 587 N.W.2d 177. “North Dakota Century Code § 29-21-03 mandates the trial court must decide “all questions of law which arise in the course of the trial.”
Buffalo v. Buffalo, 1998 ND 208. “North Dakota Century Code § 29-21-03 mandates the trial court must decide “all questions of law which arise in the course of the trial.”
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