ND SB2098

Amends North Dakota Century Code section 29-28-07 to clarify the circumstances under which the state may appeal criminal court decisions.

Allows the state to appeal orders quashing informations or indictments, granting new trials, arresting judgment, and post-judgment orders affecting substantial state rights.

Permits appeals of orders granting property return or suppressing evidence, confessions, or admissions only when the prosecuting attorney files a statement asserting the appeal is not for delay purposes and the evidence is substantial proof of a material fact.

Requires the prosecuting attorney's statement to be filed with the district court clerk and a copy to accompany the notice of appeal.

Passed the Senate 46-0 and the House 88-0 during the 2015 legislative session at the request of the North Dakota Supreme Court.