North Dakota cities may establish and share municipal courts

A city may establish a municipal court and must provide facilities, supplies, technology, and support staff. A city may establish a court by ordinance or resolution. Two or more cities may establish one joint court or share courtrooms, equipment, supplies, and staff without combining their courts. A city must provide for the election of at least one full-time or part-time judge. Beginning July 1, 2026, municipal courts are courts of record, meaning their records can be used in appeals.

Municipal courts hear city ordinance cases, but may not hear certain excluded cases. A defendant may request transfer to district court and a jury trial. These rules cover ordinance offenses in cities served by the municipal court. Municipal courts may not hear domestic violence offenses, criminal offenses against juveniles, or specified repeat impaired-driving offenses. The repeat-offense exclusion applies after two prior convictions within seven years or three within fifteen years; if the judge learns it applies, the judge must dismiss the charge without prejudice and refer it to the county state's attorney. A defendant who asks in writing within 28 days after arraignment for transfer and a jury trial must receive the transfer. The 28-day period to request transfer begins at arraignment.

A city may transfer some or all municipal court cases to district court, or abolish its municipal court under rules based on city population. These options apply to cities that have municipal courts. When a court closes, its ordinance cases move to district court, which may enforce existing judgments. A city that transfers cases without closing its court needs the state court administrator's agreement and remains responsible for prosecution and defense lawyers for indigent defendants. A city with fewer than 5,000 people may abolish its court by resolution. A city with 5,000 or more people may do so only under an agreement with the county, the district's presiding judge, and the state court administrator's office. For a city with fewer than 5,000 people, the transfer date must be at least 90 days after the resolution. For a city with 5,000 or more people, it must be at least 180 days after the agreement unless the parties agree otherwise.