North Dakota Century Code

N.D. Cent. Code § 29-21-28 (2026)

Court must admonish jury

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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The jurors also, at each adjournment of the court, whether permitted to separate or required to be kept in charge of officers, must be admonished by the court that it is their duty not to converse among themselves nor with anyone else on any subject connected with the trial, nor to form or express any opinion thereon, until the case is finally submitted to them.

Notes of Decisions
Cited in 13 cases, 1972–2019 · leading case: State v. Pemberton, 2019 ND 157, 930 N.W.2d 125.
State v. Pemberton, 2019 ND 157, 930 N.W.2d 125. · cites it 10× “On appeal, Pemberton argues the district court committed reversible error by: (1) finding probable cause existed for the attempted murder charge at the preliminary hearing, (2) allowing the State to add additional criminal charges the day before the jury trial, (3) giving…”
State v. Shaw, 2016 ND 171, 883 N.W.2d 889. · cites it 4× “On remand, however, the court and parties must be aware of the legislature’s directive under N.D.C.C. § 29-21-28, requiring the court to admonish the jury before each adjournment.”
State v. Ripley, 2009 ND 105, 766 N.W.2d 465. · cites it 2× “[¶ 25] Section 29-21-28, N.D.C.C., titled “[c]ourt must admonish jury,” provides: The jurors also, at each adjournment of the court, whether permitted to separate or required to be kept in charge of officers, must be admonished by the court that it is their duty not to converse…”
State v. Aguero, 2010 ND 210, 791 N.W.2d 1. · cites it 2× “Under N.D.C.C. § 29-21-28, the court is required to admonish the jury: The jurors also, at each adjournment of the court, whether permitted to separate or required to be kept in charge of officers, must be admonished by the court that it is their duty not to converse among…”
State v. Majetic, 2017 ND 205, 901 N.W.2d 356. · cites it 4× “Under N.D.C.C. § 29-21-28 and N.D.R.Ct. 6.11(b), a court has a duty, upon each adjournment, to admonish the jury to not converse among themselyes nor with anyone el^e on any subject connected with the trial, nor.”
State v. Myers, 2006 ND 242, 724 N.W.2d 168. · cites it 2× “Ill [¶ 15] Myers argues the district court committed reversible error by failing to admonish the jury before a ten-minute recess, as required by N.D.C.C. § 29-21-28, which provides: The jurors also, at each adjournment of the court, whether permitted to separate or required to…”
State v. His Chase, 531 N.W.2d 271 (N.D. 1995). · cites it 2× “His Chase relies on N.D.C.C. § 29-21-28: “Court must admonish jury.”
State v. Brown, 420 N.W.2d 5 (N.D. 1988). · cites it 2× “He argues that the trial court erred in failing to admonish the jury prior to a brief recess in the trial "that it should not discuss the case, as required by Section 29-21-28, N.D.C.C., and that the trial court erred in reading the information to the jury rather than having the…”
State v. Newman, 2007 ND 148, 738 N.W.2d 887. · cites it 2× “Under N.D.C.C. § 29-21-28, the court has a duty, upon each adjournment of the court, to admonish the jury “that it is then-duty not to converse among themselves [or] with anyone else on any subject connected with the trial .”
State v. Julson, 202 N.W.2d 145 (N.D. 1972). · cites it 2× “Section 29-21-28, N.D.C.C., provides that the jurors at each adjournment of the court must be admonished by the court not to converse among themselves or with anyone else on any subject connected with the trial.”
State v. Olson, 274 N.W.2d 190 (N.D. 1978). “We note initially that the statutory admonishment (§ 29-21-28, NDCC) proscribes conversation among jurors or with others on any subject connected with the trial, and the formulation or expression of an opinion until the case is finally submitted.”
Asset Acceptance, LLC v. Nash, 2009 ND 94. · cites it 2× “[¶25] Section 29-21-28, N.D.C.C., titled “[c]ourt must admonish jury,” provides: The jurors also, at each adjournment of the court, whether permitted to separate or required to be kept in charge of officers, must be admonished by the court that it is their duty not to converse…”
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