Restitution Hearing Brief
notes and remove them before filing.
3. Verify all statutory citations are current as of the filing date.
4. Consult the North Dakota Rules of Criminal Procedure for local requirements.
5. This brief should be filed with the sentencing court prior to the restitution hearing.
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RESTITUTION HEARING BRIEF
TABLE OF CONTENTS
- Caption
- Statement of the Case
- Applicable Restitution Statute
- Victim Information and Claimed Losses
- Disputed Restitution Amount
- Defense Arguments Against Claimed Restitution
- Proposed Alternative Restitution
- Defendant's Ability to Pay
- Proposed Payment Plan
- Legal Authority and Case Law
- Certificate of Service
Caption
IN THE DISTRICT COURT OF [________________________________]
[JUDICIAL DISTRICT], STATE OF NORTH DAKOTA
| STATE OF NORTH DAKOTA, | |
| Plaintiff, | Case No.: [________________________________] |
| v. | |
| [DEFENDANT FULL NAME], | RESTITUTION HEARING BRIEF |
| Defendant. |
Statement of the Case
On [__/__/____], the Defendant, [DEFENDANT FULL NAME], was convicted of [CHARGE(S)] in violation of N.D. Cent. Code § [________________________________]. The conviction arose from events occurring on or about [__/__/____] in [COUNTY NAME] County, North Dakota.
The Defendant entered a plea of [GUILTY / NO CONTEST / WAS FOUND GUILTY AT TRIAL] on [__/__/____]. Sentencing [WAS HELD / IS SCHEDULED] for [__/__/____]. The State has requested restitution in the amount of $[________________________________], and the Defendant respectfully submits this brief in advance of the restitution hearing.
Applicable Restitution Statute
Under North Dakota law, restitution is governed primarily by N.D. Cent. Code § 12.1-32-08, which provides that the court may order a defendant to make restitution or reparation to the victim for pecuniary damages resulting from the offense. The statute authorizes:
- Return of property wrongfully taken from the victim
- Payment for damage to or loss of property
- Reimbursement for medical, psychological, and other expenses incurred as a result of the offense
- Payment of lost wages or income
The court must consider the defendant's ability to pay when ordering restitution. Under N.D. Cent. Code § 12.1-32-07, restitution may be imposed as a condition of probation.
Victim Information and Claimed Losses
The State has identified the following victim(s) and claimed losses:
Victim 1: [________________________________]
| Category of Loss | Amount Claimed | Documentation Provided |
|---|---|---|
| Medical Expenses | $[____] | ☐ Yes ☐ No |
| Lost Wages / Income | $[____] | ☐ Yes ☐ No |
| Property Damage / Loss | $[____] | ☐ Yes ☐ No |
| Counseling / Therapy | $[____] | ☐ Yes ☐ No |
| Other: [________________] | $[____] | ☐ Yes ☐ No |
| Total Claimed | $[____] |
Disputed Restitution Amount
The Defendant disputes the restitution amount claimed by the State for the following reasons:
☐ The claimed amount exceeds actual pecuniary damages suffered
☐ The losses are not directly caused by the Defendant's criminal conduct
☐ Insufficient documentation has been provided to support the claimed amount
☐ The victim has received compensation from insurance or other sources
☐ The claimed amount includes losses not recoverable under N.D. Cent. Code § 12.1-32-08
☐ Other: [________________________________]
Defendant's Position on Restitution Amount: $[________________________________]
[________________________________]
Defense Arguments Against Claimed Restitution
A. Causation
[________________________________]
B. Documentation Deficiencies
[________________________________]
C. Improper Loss Categories
[________________________________]
D. Insurance and Third-Party Offsets
[________________________________]
Proposed Alternative Restitution
The Defendant proposes the following alternative restitution amount and terms:
Proposed Total Restitution: $[________________________________]
| Category of Loss | Proposed Amount | Basis |
|---|---|---|
| [________________] | $[____] | [________________________________] |
| [________________] | $[____] | [________________________________] |
| [________________] | $[____] | [________________________________] |
| Total Proposed | $[____] |
Defendant's Ability to Pay
Current Employment: [________________________________]
Monthly Gross Income: $[________________________________]
Monthly Net Income: $[________________________________]
Monthly Obligations:
| Obligation | Amount |
|---|---|
| Housing (rent/mortgage) | $[____] |
| Utilities | $[____] |
| Transportation | $[____] |
| Food | $[____] |
| Child Support / Alimony | $[____] |
| Medical / Insurance | $[____] |
| Other Debts | $[____] |
| Court Fines / Fees | $[____] |
| Total Monthly Obligations | $[____] |
Assets:
| Asset | Approximate Value |
|---|---|
| [________________] | $[____] |
| [________________] | $[____] |
Monthly Disposable Income: $[________________________________]
Proposed Payment Plan
The Defendant proposes the following payment schedule:
- Total Restitution Amount: $[________________________________]
- Initial Lump Sum Payment (if any): $[________________________________]
- Monthly Payment Amount: $[________________________________]
- Payment Start Date: [__/__/____]
- Estimated Completion Date: [__/__/____]
- Payment Method: [________________________________]
Legal Authority and Case Law
The following legal authorities support the Defendant's position:
-
N.D. Cent. Code § 12.1-32-08 -- Restitution must be limited to pecuniary damages and the court must consider the defendant's ability to pay.
-
State v. Hanson, 2016 ND 34, 875 N.W.2d 485 -- The North Dakota Supreme Court held that restitution must be based on actual losses demonstrated by competent evidence.
-
State v. Burckhard, 2010 ND 148, 787 N.W.2d 693 -- The court must make adequate findings regarding the amount of restitution and the defendant's ability to pay.
-
State v. Olson, 2019 ND 138, 928 N.W.2d 468 -- Restitution is limited to losses directly caused by the defendant's criminal conduct.
Certificate of Service
I hereby certify that on [__/__/____], a true and correct copy of this Restitution Hearing Brief was served upon:
[PROSECUTING ATTORNEY NAME]
[OFFICE TITLE]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], North Dakota [ZIP CODE]
☐ Personal Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing / Service
☐ Facsimile
_________________________________________
[ATTORNEY NAME], Attorney for Defendant
[STATE BAR NUMBER]
[FIRM NAME]
[ADDRESS LINE 1]
[CITY], North Dakota [ZIP CODE]
[PHONE NUMBER]
[EMAIL ADDRESS]
NORTH DAKOTA STATE NOTES
- Mandatory vs. Discretionary: Restitution in North Dakota is generally discretionary under N.D. Cent. Code § 12.1-32-08, but it is mandatory in certain cases, including human trafficking offenses under § 12.1-41-09.
- Victims' Constitutional Rights: The North Dakota Constitution, Article I, § 25, provides crime victims with the right to restitution as provided by law.
- Standard of Proof: The State bears the burden of proving the amount of restitution by a preponderance of the evidence.
- Ability to Pay: The court must consider the defendant's current and future ability to pay when setting the restitution amount and payment schedule.
- Appellate Review: Restitution orders are reviewable on appeal for abuse of discretion.
- Civil Remedy Preservation: A restitution order does not preclude the victim from pursuing civil remedies.
About This Template
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: April 2026