N.D. Cent. Code § 28-32-19 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-19
28-32-19. Publication of administrative code and code supplement
Status: repealed

28-32-19. Publication of administrative code and code supplement

1. The legislative council shall compile, index, and publish all rules filed pursuant to this

chapter in a publication which must be known as the North Dakota Administrative

Code, in this chapter referred to as the code. The code also must contain all objections

filed with the legislative council by the administrative rules committee pursuant to

section 28-32-17. The legislative council shall revise all or part of the code as often as

the legislative council determines necessary.

2. The legislative council may prescribe the format, style, and arrangement for rules to be

published in the code and may refuse to accept the filing of any rule that is not in

substantial compliance with the format, style, and arrangement. In arranging rules for

publication, the legislative council may make corrections in spelling, grammatical

construction, format, and punctuation of the rules as the legislative council determines

are proper. The legislative council shall keep and maintain a permanent code of all

rules filed, including superseded and repealed rules, which must be open to public

inspection during office hours.

3. The legislative council shall compile and publish the North Dakota Administrative Code

supplement according to the schedule of effective dates of rules in section 28-32-15.

a. The code supplement must contain all rules that have been filed with the

legislative council or which have become effective since the compilation and

publication of the preceding issue of the code supplement.

b. The code supplement must contain all objections filed with the legislative council

by the administrative rules committee pursuant to section 28-32-17.

4. The legislative council, with the consent of the adopting agency or commission, may

omit from the code or code supplement any rule the publication of which would be

unduly cumbersome, expensive, or otherwise inexpedient, if the rule in printed or

duplicated form is made available on application to the agency or commission, and if

the code or code supplement contains a notice stating the general subject matter of

the omitted rule and how a copy may be obtained.

5. The code must be arranged, indexed, and printed or duplicated in a manner to permit

separate publication of portions thereof relating to individual agencies. An agency may

print as many copies of such separate portions of the code as it may require. If the

legislative council does not publish the code supplement due to technological

problems or lack of funds, the agency whose rules would have been published in the

code supplement shall provide a copy of the rules to any person upon request. The

agency may charge a fee for a copy of the rules as allowed under section 44-04-18.
N.D. Cent. Code § 28-31-02 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-02
28-31-02. Submission of cases
Status: in_force

28-31-02. Submission of cases

Superseded by N.D.R.App.P., Rule 45.
N.D. Cent. Code § 28-20-29 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-29
28-20-29. Satisfaction of judgment pending appeal by judgment creditor
Status: in_force

28-20-29. Satisfaction of judgment pending appeal by judgment creditor

Any judgment debtor upon a money judgment duly docketed in the district court from which

judgment an appeal has been perfected to the supreme court by the judgment creditor may

cause such judgment to be released as a lien against the real property of said judgment debtor

by depositing with the clerk of the district court in which said judgment was entered originally a

sum of money equal to one and one-third times the amount of said judgment with interest and

costs, and upon such deposit the clerk shall satisfy and discharge the said judgment as a lien

against the real property of said judgment debtor. In lieu of depositing the money as aforesaid,

the judgment debtor may file with the clerk of the district court a good and sufficient bond

executed as provided by law for the execution of a bail bond conditioned for the payment of

such judgment upon its final determination in the appellate court, or at any time upon the

dismissal of the appeal. Such bond must be approved by the judge of the district court.
N.D. Cent. Code § 28-26-23 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-23
28-26-23. Action in name of state - Costs charged against party in interest
Status: in_force

28-26-23. Action in name of state - Costs charged against party in interest

In an action prosecuted in the name of the state for the recovery of money or property, or to

establish a right or claim for the benefit of any corporation, limited liability company, or person,

costs awarded against the party plaintiff must be charged against the party for whose benefit the

action was prosecuted and not against the state.
N.D. Cent. Code § 28-26-31 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-31
28-26-31. Pleadings not made in good faith
Status: in_force

28-26-31. Pleadings not made in good faith

Allegations and denials in any pleadings in court, made without reasonable cause and not in

good faith, and found to be untrue, subject the party pleading them to the payment of all

expenses, actually incurred by the other party by reason of the untrue pleading, including a

reasonable attorney's fee, to be summarily taxed by the court at the trial or upon dismissal of

the action.
N.D. Cent. Code § 28-21-20 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-20
28-21-20. Amercement of clerk
Status: repealed

28-21-20. Amercement of clerk

Repealed by S.L. 1993, ch. 103, § 8.
N.D. Cent. Code § 28-26-02 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-02
28-26-02. Amount of costs in specific cases
Status: in_force

28-26-02. Amount of costs in specific cases

Costs in the district courts and in the supreme court must be as follows:

1. To the plaintiff for all proceedings before trial, ten dollars, and for each additional

defendant served with process not exceeding ten, one dollar.

2. To the defendant, for all proceedings before trial, five dollars.

3. For every trial of an issue of fact, five dollars.

4. Superseded by N.D.R.App.P., Rule 38.

5. To either party for every term not exceeding five, at which the cause is necessarily on

the calendar of the district court and is not tried or is postponed by order of the court,

three dollars, and for every term not exceeding five, excluding the term at which the

cause is argued in the supreme court, five dollars. Term fees are not taxable as costs

when a cause, properly on the calendar, is not reached for trial during the term, nor in

case a continuance is had upon the application of, or stipulation with, the party in

whose favor costs are to be taxed.
N.D. Cent. Code § 28-20-36 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-36
28-20-36. Application of partial payments on judgments
Status: in_force

28-20-36. Application of partial payments on judgments

A partial payment made on a judgment must be applied first to postjudgment costs. If the

payment exceeds the costs, the excess amount must be applied toward satisfying the interest

due. If the payment exceeds the costs and interest, the excess amount must be applied toward

discharging the judgment amount, and the subsequent interest is to be computed on the

balance of the judgment amount remaining due. If the payment falls short of satisfying the costs

and interest, interest continues to accrue on the former judgment amount until a payment is

made that exceeds the sum of the costs and interest due at the time of payment, and then the

excess amount must be applied toward discharging the judgment amount, and interest accrues

thereafter on the balance of the judgment amount remaining due. This section does not apply to

the collection of any debt owed to the state or a political subdivision.
N.D. Cent. Code § 28-01-28 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-28
28-01-28. Limitation when judgment reversed
Status: in_force

28-01-28. Limitation when judgment reversed

If an action is commenced within the time prescribed therefor and the judgment therein is

reversed on appeal, the plaintiff, or, if the plaintiff dies and the claim for relief survives, the

plaintiff's heirs or representatives, may commence a new action within one year after the

reversal.
N.D. Cent. Code § 28-14-08 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-08
28-14-08. Oath to jurors
Status: in_force

28-14-08. Oath to jurors

Superseded by N.D.R.Ct. 6.10.
N.D. Cent. Code § 28-32-28 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-28
28-32-28. Intervention
Status: in_force

28-32-28. Intervention

An administrative agency may grant intervention in an adjudicative proceeding to promote

the interests of justice if intervention will not impair the orderly and prompt conduct of the

proceeding and if the petitioning intervenor demonstrates that the petitioner's legal rights,

duties, privileges, immunities, or other legal interests may be substantially affected by the

proceeding or that the petitioner qualifies as an intervenor under any provision of statute or rule.

The agency may impose conditions and limitations upon intervention. The agency shall give

reasonable notice of the intervention to all parties. An administrative agency may adopt rules

relating to intervention in an adjudicative proceeding.
N.D. Cent. Code § 28-01-18 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-18
28-01-18. Actions having two-year limitations
Status: in_force

28-01-18. Actions having two-year limitations

Except as provided in section 28-01-25.2, the following actions must be commenced within

two years after the claim for relief has accrued:

1. An action for libel, slander, assault, battery, or false imprisonment.

2. An action upon a statute for a forfeiture or penalty to the state.

3. An action for the recovery of damages resulting from malpractice; provided,

however, that the limitation of an action against a physician or licensed hospital

will not be extended beyond six years of the act or omission of alleged

malpractice by a nondiscovery thereof unless discovery was prevented by the

fraudulent conduct of the physician or licensed hospital. This limitation is subject

to the provisions of section 28-01-25.

4. An action for injuries done to the person of another, when death ensues from

such injuries, and the claim for relief must be deemed to have accrued at the time

of the death of the party injured; provided, however, that when death ensues as

the result of malpractice, the claim for relief is deemed to have accrued at the

time of the discovery of the malpractice. However, the limitation will not be

extended beyond six years of the act or omission of alleged malpractice by a

nondiscovery thereof unless discovery was prevented by the fraudulent conduct

of the physician or hospital.

5. An action for recovery of damages arising under chapter 5-01, and the claim for

relief is deemed to have accrued at the time of the alleged offense. This limitation

does not apply to any claim for relief existing at the time of the enactment of this

subsection.
N.D. Cent. Code § 28-27-29 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-29
28-27-29. Power of supreme court on appeals
Status: in_force

28-27-29. Power of supreme court on appeals

Superseded by N.D.R.App.P., Rule 35.
N.D. Cent. Code § 28-26-25 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-25
28-26-25. Nonresident must furnish surety
Status: repealed

28-26-25. Nonresident must furnish surety

Repealed by S.L. 1983, ch. 364, § 1.
N.D. Cent. Code § 28-20.1-01 — ND Code / Title 28 / Chapter 28-20.1 / Section 28-20.1-01
28-20.1-01. Definition
Status: in_force

28-20.1-01. Definition

In this chapter, "foreign judgment" means any judgment, decree, or order of a court of the

United States or of any other court which is entitled to full faith and credit in this state.
N.D. Cent. Code § 28-01-29 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-29
28-01-29. Limitation when commencement of action stayed
Status: in_force

28-01-29. Limitation when commencement of action stayed

When the commencement of an action is stayed by injunction or other order of a court, or

by a statutory prohibition, the time of the continuance of the stay is not a part of the time limited

for the commencement of the action.
N.D. Cent. Code § 28-22-09 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-09
28-22-09. Oath and duties of appraisers
Status: in_force

28-22-09. Oath and duties of appraisers

The three appraisers shall take and subscribe an oath before the sheriff or other officer, to

be attached to the inventory and appraisement, that they will truly, honestly, and impartially

appraise the property of the debtor. The property must be appraised at the actual value of the

several articles at the place where they are situated, as nearly as can be determined, and must

be set down in an inventory by articles or by lots, when definitely descriptive, with the value

opposite.
N.D. Cent. Code § 28-21-04 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-04
28-21-04. Special executions
Status: in_force

28-21-04. Special executions

If the judgment requires the sale of property, the judgment may be enforced by a special

execution directing the sale and application of the proceeds in conformity with the judgment.

Real property must be sold in the county in which it is located.
N.D. Cent. Code § 28-32-09 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-09
28-32-09. Takings assessment
Status: in_force

28-32-09. Takings assessment

1. An agency or the commission shall prepare a written assessment of the constitutional

takings implications of a proposed rule that may limit the use of private real property.

The assessment must:

a. Assess the likelihood that the proposed rule may result in a taking or regulatory

taking.

b. Clearly and specifically identify the purpose of the proposed rule.

c. Explain why the proposed rule is necessary to substantially advance that purpose

and why no alternative action is available that would achieve the agency's or

commission's goals while reducing the impact on private property owners.

d. Estimate the potential cost to the government if a court determines that the

proposed rule constitutes a taking or regulatory taking.

e. Identify the source of payment within the agency's or commission's budget for

any compensation that may be ordered.

f. Certify that the benefits of the proposed rule exceed the estimated compensation

costs.

2. Any private landowner who is or may be affected by a rule that limits the use of the

landowner's private real property may request in writing that the agency or commission

reconsider the application or need for the rule. Within thirty days of receiving the

request, the agency or commission shall consider the request and shall in writing

inform the landowner whether the agency or commission intends to keep the rule in

place, modify application of the rule, or repeal the rule.

3. In an analysis of the takings implications of a proposed rule, "taking" means the taking

of private real property, as defined in section 47-01-03, by government action which

requires compensation to the owner of that property by the fifth or fourteenth

amendment to the Constitution of the United States or section 16 of article I of the

Constitution of North Dakota. "Regulatory taking" means a taking of real property

through the exercise of the police and regulatory powers of the state which reduces

the value of the real property by more than fifty percent. However, the exercise of a

police or regulatory power does not effect a taking if it substantially advances

legitimate state interests, does not deny an owner economically viable use of the

owner's land, or is in accordance with applicable state or federal law.
N.D. Cent. Code § 28-26-12 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-12
28-26-12. Costs on dismissal of action
Status: in_force

28-26-12. Costs on dismissal of action

When an action is dismissed from any court for want of jurisdiction or because it has not

been transferred regularly from an inferior to a superior court, the costs must be adjudged

against the party attempting to institute or bring up the action.
N.D. Cent. Code § 28-33-07 — ND Code / Title 28 / Chapter 28-33 / Section 28-33-07
28-33-07. Visual recording
Status: in_force

28-33-07. Visual recording

In any judicial proceeding, the appointing authority, on the appointing authority's own motion

or on the motion of a party to the proceedings, may order that the testimony of the deaf person

and the interpretation thereof be visually recorded for use in verification of the official transcript

of the proceedings.
N.D. Cent. Code § 28-01-44 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-44
28-01-44. Limitation of action - Person submitting plans for improvements to real estate
Status: in_force

28-01-44. Limitation of action - Person submitting plans for improvements to real

estate.

1. No action, whether in contract, oral or written, in tort or otherwise, to recover damages:

a. For any deficiency in the design, planning, supervision, or observation of

construction or construction of an improvement to real property;

b. For injury to property, real or personal, arising out of any such deficiency; or

c. For injury to the person or for wrongful death arising out of any such deficiency,

may be brought against any person performing or furnishing the design, planning,

supervision, or observation of construction, or construction of such an improvement

more than ten years after substantial completion of such an improvement.

2. Notwithstanding the provisions of subsection 1, in the case of such an injury to

property or the person or such an injury causing wrongful death, which injury occurred

during the tenth year after such substantial completion, an action in tort to recover

damages for such an injury or wrongful death may be brought within two years after

the date on which such injury occurred, irrespective of the date of death, but in no

event may such an action be brought more than twelve years after the substantial

completion of construction of such an improvement.

Nothing in this section may be construed as extending the period prescribed by

the laws of this state for the bringing of any action.

3. The limitation prescribed by this section may not be asserted by way of defense by

any person in actual possession or the control, as owner, tenant, or otherwise, of such

an improvement at the time any deficiency in such an improvement constitutes the

proximate cause of the injury or death for which it is proposed to bring an action.

4. As used in this section, the term "person" means an individual, corporation,

partnership, business trust, unincorporated organization, association, or joint stock

company.
N.D. Cent. Code § 28-20-27 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-27
28-20-27. Cancellation of judgment transcripted to other counties
Status: in_force

28-20-27. Cancellation of judgment transcripted to other counties

Upon the cancellation and discharge of any judgment by the clerk of the district court of the

county wherein the judgment was rendered or docketed, such clerk immediately shall forward to

the clerk of the district court of any other county wherein a transcript of such judgment docket

has been filed and the judgment docketed accordingly, a written notice under the clerk's hand

and seal, showing the names of the parties, the date and amount of such judgment, and the fact

that such judgment has been canceled and discharged. Upon receipt of such notice by any clerk

of court wherein such judgment is of record, such officer immediately shall cancel and discharge

such judgment of record. No additional charge may be made for issuing said notice nor for

canceling and discharging such judgment in the counties to which transcripted.
N.D. Cent. Code § 28-35-14 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-14
28-35-14. (209) Proceedings in more than one state
Status: in_force

28-35-14. (209) Proceedings in more than one state

Except for a petition for the appointment of a guardian in an emergency or issuance of a

protective order limited to property located in this state under subdivision a or b of subsection 1

of section 28-35-09, if a petition for the appointment of a guardian or issuance of a protective

order is filed in this state and in another state and neither petition has been dismissed or

withdrawn, the following rules apply:

1. If the court in this state has jurisdiction under section 28-35-08, the court may proceed

with the case unless a court in another state acquires jurisdiction under provisions

similar to section 28-35-09 before the appointment or issuance of the order.

2. If the court in this state does not have jurisdiction under section 28-35-08, whether at

the time the petition is filed or at any time before the appointment or issuance of the

order, the court shall stay the proceeding and communicate with the court in the other

state. If the court in the other state has jurisdiction, the court in this state shall dismiss

the petition unless the court in the other state determines that the court in this state is

a more appropriate forum.
N.D. Cent. Code § 28-04-05 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-05
28-04-05. Actions having venue where defendant resides
Status: in_force

28-04-05. Actions having venue where defendant resides

In all other cases, except as provided in section 28-04-03.1, and subject to the power of the

court to change the place of trial as provided by sections 28-04-09 and 28-04-10, the action

must be brought in the county in which the defendant or one of the defendants resides at the

time of the commencement of the action. If that county is attached to another county for judicial

purposes, the action must be brought in the latter county. If none of the defendants reside in the

state, the action either must be brought in the county in which the plaintiff or one of the plaintiffs

resides or in the county in which the cause of action arose.
N.D. Cent. Code § 28-01-13 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-13
28-01-13. Possession not affected by descent
Status: in_force

28-01-13. Possession not affected by descent

The right of a person to the possession of any real property is not impaired nor affected by a

descent being cast in consequence of the death of a person in possession of such property.
N.D. Cent. Code § 28-20-03 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-03
28-20-03. Rules for rendition of judgment
Status: in_force

28-20-03. Rules for rendition of judgment

Superseded by N.D.R.Civ.P., Rules 20, 41, 54.
N.D. Cent. Code § 28-29-05 — ND Code / Title 28 / Chapter 28-29 / Section 28-29-05
28-29-05. Courts may delay orders in foreclosures
Status: repealed

28-29-05. Courts may delay orders in foreclosures

Repealed by S.L. 2003, ch. 270, § 1.
N.D. Cent. Code § 28-32-37 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-37
28-32-37. Ex parte communications
Status: in_force

28-32-37. Ex parte communications

1. Except as provided in subsections 2 and 4 or unless required for the disposition of

ex parte matters specifically authorized by another statute, an agency head or hearing

officer in an adjudicative proceeding may not communicate, directly or indirectly,

regarding any issue in the proceeding, while the proceeding is pending, with any party,

with any person who has a direct or indirect interest in the outcome of the proceeding,

with any other person allowed to participate in the proceeding, or with any person who

presided at a previous stage of the proceeding, without notice and opportunity for all

parties to participate in the communication.

2. When more than one person is the hearing officer in an adjudicative proceeding, those

persons may communicate with each other regarding a matter pending before the

panel. An agency head or hearing officer may communicate with or receive aid from

staff assistants if the assistants do not furnish, augment, diminish, or modify the

evidence in the record.

3. Except as provided in subsection 4 or unless required for the disposition of ex parte

matters specifically authorized by statute, no party to an adjudicative proceeding, no

person who has a direct or indirect interest in the outcome of the proceeding, no

person allowed to participate in the proceeding, and no person who presided at a

previous stage in the proceeding may communicate directly or indirectly in connection

with any issue in that proceeding, while the proceeding is pending, with any agency

head or hearing officer in the proceeding without notice and opportunity for all parties

to participate in the communication.

4. In an adjudicative proceeding conducted by a hearing officer other than the agency

head, counsel for the administrative agency and the agency head, without notice and

opportunity for all parties to participate, may communicate and consult regarding the

status of the adjudicative proceeding, discovery, settlement, litigation decisions, and

other matters commonly communicated between attorney and client, to permit the

agency head to make informed decisions. This subsection does not apply after

recommended findings of fact, conclusions of law, and orders have been issued,

except counsel for the administrative agency and the agency head may communicate

regarding settlement and negotiation after recommended findings of fact, conclusions

of law, and orders have been issued.

5. If, before being assigned, designated, or appointed to preside in an adjudicative

proceeding, a person receives an ex parte communication of a type that could not

properly be received while presiding, the person, promptly after being assigned,

designated, or appointed, shall disclose the communication in the manner prescribed

in subsection 6.

6. An agency head or hearing officer in an adjudicative proceeding who receives an

ex parte communication in violation of this section shall place on the record of the

pending matter all written communications received, all written responses to the

communications, or a memorandum stating the substance of all oral communications

received, all responses made, and the identity of each person from whom the person

received an ex parte oral communication, and shall advise all parties, interested

persons, and other persons allowed to participate that these matters have been placed

on the record. Any person desiring to rebut the ex parte communication must be

allowed to do so, upon requesting the opportunity for rebuttal. A request for rebuttal

must be made within ten days after notice of the communication.

7. If necessary to eliminate the effect of an ex parte communication received in violation

of this section, an agency head or hearing officer in an adjudicative proceeding who

receives the communication may be disqualified, upon good cause being shown in

writing to the hearing officer or to the agency. The portions of the record pertaining to

the communication may be sealed by protective order issued by the agency.

8. The agency shall, and any party may, report any willful violation of this section to the

appropriate authorities for any disciplinary proceedings provided by law. In addition, an

administrative agency may, by rule, provide for appropriate sanctions, including

default, for any violations of this section.

9. Nothing in this section prohibits a member of the general public, not acting on behalf or

at the request of any party, from communicating with an agency in cases of general

interest. The agency shall disclose such written communications in adjudicative

proceedings.
N.D. Cent. Code § 28-03-05 — ND Code / Title 28 / Chapter 28-03 / Section 28-03-05
28-03-05. Guardian ad litem not to receive ward's money or property until security is given - Exception
Status: in_force

28-03-05. Guardian ad litem not to receive ward's money or property until security is

given - Exception.

No guardian appointed for an infant or for a person of unsound mind under the provisions of

this chapter may be permitted to receive any money or other property of the ward except costs

and expenses allowed to the guardian by the court, or recovered by the ward in the action, until

the guardian has given sufficient security approved by the judge of the court to account for and

apply the same under the direction of the court.
N.D. Cent. Code § 28-01-26.1 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-26.1
28-01-26.1. Survival of claims for relief
Status: in_force

28-01-26.1. Survival of claims for relief

No action or claim for relief, except for breach of promise, alienation of affections, libel, and

slander, abates by the death of a party or of a person who might have been a party had such

death not occurred.
N.D. Cent. Code § 28-05-09 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-09
28-05-09. When lis pendens not required
Status: in_force

28-05-09. When lis pendens not required

A notice of the pendency of an action in a district court is not required if the action is for the

foreclosure of a mortgage.
N.D. Cent. Code § 28-26-30 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-30
28-26-30. Judgment against surety
Status: in_force

28-26-30. Judgment against surety

After final judgment has been rendered in an action in which surety for costs has been given

as required by this chapter, the court, on motion of the defendant, or any other person having a

right to such costs or any part thereof, after ten days' notice of such motion, may enter judgment

in the name of the defendant or the defendant's legal representatives against the surety for

costs, or against the defendant's executors or administrators, for the amount of the costs

adjudged against the plaintiff, or so much thereof as may be unpaid. Execution may be issued

on such judgment as in other cases for the use and benefit of the person entitled to such costs.
N.D. Cent. Code § 28-14-20 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-20
28-14-20. Sick juror discharged
Status: in_force

28-14-20. Sick juror discharged

If after the impaneling of a jury and before a verdict, a juror becomes sick so as to be

unable to perform the juror's duty, the court may order the juror to be discharged. In that case

the trial may proceed by agreement of the parties with the remaining jurors, or an alternate juror

may be called, or another juror may be sworn and the trial begun anew, or the jurors may be

discharged and a new jury then or afterwards impaneled.
N.D. Cent. Code § 28-14-03.1 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-03.1
28-14-03.1. Size of juries in civil cases
Status: in_force

28-14-03.1. Size of juries in civil cases

In all civil actions when a jury is impaneled, a jury must consist of six qualified jurors unless

any party makes a timely written demand for a jury of nine.
N.D. Cent. Code § 28-05-04 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-04
28-05-04. Summons and procedure where complaint not served with summons
Status: in_force

28-05-04. Summons and procedure where complaint not served with summons

Superseded by N.D.R.Civ.P., Rules 4, 12.
N.D. Cent. Code § 28-14-12 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-12
28-14-12. Requested instructions
Status: in_force

28-14-12. Requested instructions

Superseded by N.D.R.Civ.P., Rule 51.
N.D. Cent. Code § 28-32-27 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-27
28-32-27. Hearing officer - Disqualification - Substitution
Status: in_force

28-32-27. Hearing officer - Disqualification - Substitution

1. Any person or persons presiding for the agency in an administrative proceeding must

be referred to individually or collectively as hearing officer. Any person from the office

of administrative hearings presiding for the agency as a hearing officer in an

administrative proceeding must be referred to as an administrative law judge.

2. Any hearing officer is subject to disqualification for good cause shown.

3. Any party may petition for the disqualification of any person presiding as a hearing

officer upon discovering facts establishing grounds for disqualification.

4. A person whose disqualification is requested shall determine whether to grant the

petition, stating facts and reasons for the determination.

5. If a substitute is required for a person who is disqualified or becomes unavailable for

any other reason, the substitute may be appointed by:

a. The attorney general, if the disqualified or unavailable person is an assistant

attorney general;

b. The agency head, if the disqualified or unavailable person is one or more

members of the agency head or one or more other persons designated by the

agency head;

c. A supervising hearing officer, if the disqualified or unavailable person is a hearing

officer designated from an office, pool, panel, or division of hearing officers; or

d. The governor, in all other cases.

6. Any action taken by a duly appointed substitute for a disqualified or unavailable person

is as effective as if taken by the disqualified or unavailable person.

7. Any hearing officer in an administrative proceeding, from the time of appointment or

designation, may exercise any authority granted by law or rule. A hearing officer may

be designated to preside over the entire administrative proceeding and may issue

orders accordingly. A procedural hearing officer may only issue orders in regard to the

course and conduct of the hearing under statute or rule and to otherwise effect an

orderly hearing. If a procedural hearing officer is designated, the agency head must be

present at the hearing and the agency head shall issue findings of fact and

conclusions of law, as well as any order resulting from the hearing.
N.D. Cent. Code § 28-20-07 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-07
28-20-07. Judgment in action to recover personalty
Status: in_force

28-20-07. Judgment in action to recover personalty

In an action to recover the possession of personal property, the judgment for the plaintiff

may be for the possession, or for the recovery of possession, or for the value thereof in case a

delivery cannot be had and for damages for the taking and detention thereof. If the property has

been delivered to the plaintiff and the defendant claims a return thereof, judgment for the

defendant may be for a return of the property, or for the value thereof in case a return cannot be

had and for damages for the taking and detention thereof.
N.D. Cent. Code § 28-23-02 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-02
28-23-02. Sale of crops
Status: in_force

28-23-02. Sale of crops

If the levy is upon harvested crops, at the option of the judgment creditor, the crops may be

sold in the nearest usual market for crops, at any time after such levy at the market price without

publishing notice of sale. In that case, the notice of levy or a subsequent notice to be served as

the notice of levy is served must state where and when the crops will be sold. Should the

judgment debtor, or the judgment debtor's agent or attorney, at the time the levy is made, give

notice to the officer making the levy that the judgment debtor intends to settle the judgment, the

officer shall hold the grain six days before making sale of the grain. The usual and reasonable

charges for the sale and transportation of the grain to market must be deemed proper expenses

chargeable as costs in the proceedings, and in case the notice above provided for is served on

the officer there also must be chargeable reasonable charges for storing the grain.
N.D. Cent. Code § 28-24-12 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-12
28-24-12. Waste restrained - Use of premises
Status: in_force

28-24-12. Waste restrained - Use of premises

Until the expiration of the time for redemption, the court may restrain the commission of

waste on the property by order granted with or without notice, on the application of the

purchaser or the judgment creditor. But it is not waste for the person in possession of the

property at the time of the sale, or entitled to possession afterwards, during the period allowed

for redemption, to continue to use it in the manner in which it previously was used, or to use it in

the ordinary course of husbandry, or to make the necessary repairs of buildings thereon, or to

use wood or timber on the property therefor, or for the repair of fences, or for fuel for that

person's family, while that person occupies the property.
N.D. Cent. Code § 28-14-19 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-19
28-14-19. Additional information as to law
Status: in_force

28-14-19. Additional information as to law

After the jurors have retired for deliberation, if there is a disagreement between them as to

any part of the testimony, or if they desire to be informed of any point of law arising in the case,

they may require the officer to conduct them into court. Upon their being brought into court, the

information required must be given in the presence of or after notice to the parties or counsel.
N.D. Cent. Code § 28-23-05 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-05
28-23-05. Where sale of real property made
Status: in_force

28-23-05. Where sale of real property made

All sales of real property or any interest in real property under execution must be held in the

county in which the real property is situated, or at a place within the county as the sheriff

designates in the notice of sale, or the place designated in the published notice of sale if the

foreclosure is by advertisement.
N.D. Cent. Code § 28-04.1-03 — ND Code / Title 28 / Chapter 28-04.1 / Section 28-04.1-03
28-04.1-03. Action in another place by agreement
Status: in_force

28-04.1-03. Action in another place by agreement

If the parties have agreed in writing that an action on a controversy may be brought only in

another state and it is brought in a court of this state, the court will dismiss or stay the action, as

appropriate, unless:

1. The court is required by statute to entertain the action;

2. The plaintiff cannot secure effective relief in the other state, for reasons other than

delay in bringing the action;

3. The other state would be a substantially less convenient place for the trial of the action

than this state;

4. The agreement as to the place of the action was obtained by misrepresentation,

duress, the abuse of economic power, or other unconscionable means; or

5. It would for some other reason be unfair or unreasonable to enforce the agreement.
N.D. Cent. Code § 28-25-10 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-10
28-25-10. Answers on oath - Referee reports to court
Status: in_force

28-25-10. Answers on oath - Referee reports to court

All examinations and answers before a judge or referee under this chapter must be on oath,

except that when a corporation answers, the answer must be on the oath of an officer of the

corporation and that when a limited liability company answers, the answer must be on the oath

of a manager of the limited liability company. If the examination is before a referee, it must be

taken by the referee and certified to the judge appointing who appointed the referee.
N.D. Cent. Code § 28-27-14 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-14
28-27-14. Undertaking to stay execution - To sell or deliver realty
Status: in_force

28-27-14. Undertaking to stay execution - To sell or deliver realty

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-22-03.1 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-03.1
28-22-03.1. Additional exemptions for residents
Status: in_force

28-22-03.1. Additional exemptions for residents

In addition to the exemptions from all attachment or process, levy and sale upon execution,

and any other final process issued from any court, otherwise provided by law, a resident of the

state may select:

1. In lieu of the homestead exemption, up to twenty-five thousand dollars. This exemption

is not available if the resident exemption claimant, the spouse of the resident

exemption claimant, or other head of the family of the resident exemption claimant has

chosen the homestead exemption provided for under subsection 7 of section

28-22-02.

2. A motor vehicle exemption in one vehicle not to exceed ten thousand dollars in value

over security interests and liens upon that vehicle, or a motor vehicle exemption in one

vehicle not to exceed fifty thousand dollars for a motor vehicle that has been modified

at a cost of not less than one thousand five hundred dollars to accommodate an

individual with a permanent physical disability who is the owner of that motor vehicle.

3. The debtor's aggregate interest, not to exceed ten thousand dollars in value, in any

tools, implements, or professional books of the trade of the debtor or the trade of a

dependent of the debtor.

4. Any unmatured life insurance contract owned by the debtor, other than a credit life

insurance contract.

5. The debtor's aggregate interest, not to exceed in value one hundred thousand dollars

less any amount of property transferred in the manner specified in 11 U.S.C. 542(d), in

any accrued dividend or interest under, or loan value of, any unmatured life insurance

contract owned by the debtor under which the insured is the debtor or an individual of

whom the debtor is a dependent. Any cash deposit not previously scheduled to be

made into a life insurance policy or nonqualified annuity over the previous twelve

months is not exempt. Benefits are not exempt from enforcement of any order to pay

spousal support, child support, or a qualified domestic order under sections

15-39.1-12.2, 39-03-14.2, and 54-52-17.6.

6. Professionally prescribed health aids for the debtor or a dependent of the debtor.

7. Retirement funds that have been in effect for at least one year, to the extent those

funds are in a fund or account that is exempt from taxation under section 401, 403,

408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986. The value of

those assets exempted may not exceed two hundred thousand dollars for any one

account or four hundred thousand dollars in aggregate for all accounts. The dollar limit

does not apply to the extent this property is reasonably necessary for the support of

the resident and that resident's dependents. Retirement funds are not exempt from

enforcement of any order to pay spousal support or child support, or a qualified

domestic relations order under sections 15-39.1-12.2, 39-03.1-14.2, and 54-52-17.6.

As used in this subsection, "reasonably necessary for the support" means required to

meet present and future needs, as determined by the court after consideration of the

resident's responsibilities and all the present and anticipated property and income of

the resident, including that which is exempt.

8. The debtor's right to receive:

a. A social security benefit, except that the benefit is not exempt for enforcement of

any order for the support of a dependent child.

b. Veteran's disability pension benefits, not including military retirement pay, except

that the benefits are not exempt from process levy or sale for enforcement of any

order for the support of a dependent child.

c. A disability, illness, or unemployment benefit.

d. Alimony, support, or separate maintenance, but not property settlements, to the

extent reasonably necessary for the support of the debtor and any dependent of

the debtor.

e. A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or

contract on account of illness, disability, death, age, or length of service, to the

extent reasonably necessary for the support of the debtor and any dependent of

the debtor, unless:

(1) That plan or contract was established by or under the auspices of an insider

that employed the debtor at the time the debtor's rights under that plan or

contract arose;

(2) That payment is on account of age or length of service; and

(3) That plan or contract does not qualify under section 401(a), 403(a), 403(b),

or 408 of the Internal Revenue Code of 1986.

9. The debtor's right to receive, or property that is traceable to:

a. An award under a crime victim's reparation law.

b. A payment on account of the wrongful death of an individual of whom the debtor

was a dependent, to the extent reasonably necessary for the support of the

debtor and any dependent of the debtor.

c. A payment under a life insurance contract that insured the life of an individual of

whom the debtor was a dependent on the date of that individual's death, to the

extent reasonably necessary for the support of the debtor and any dependent of

the debtor.

d. A payment, not to exceed eighteen thousand four hundred fifty dollars, on

account of personal bodily injury, not including pain and suffering or

compensation for actual pecuniary loss, of the debtor or an individual of whom

the debtor is a dependent.

e. A payment in compensation of loss of future earnings of the debtor or an

individual of whom the debtor is or was a dependent, to the extent reasonably

necessary for the support of the debtor and any dependent of the debtor.
N.D. Cent. Code § 28-29-02 — ND Code / Title 28 / Chapter 28-29 / Section 28-29-02
28-29-02. Extension of time
Status: in_force

28-29-02. Extension of time

Superseded by N.D.R.Civ.P., Rule 6.
N.D. Cent. Code § 28-20-26 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-26
28-20-26. Partial satisfaction
Status: in_force

28-20-26. Partial satisfaction

A partial satisfaction of a judgment may be made and noted upon the records in like manner

as a full satisfaction, and thereupon the judgment and all liens thereby created must be taken

and deemed to be canceled and discharged to the extent of the entries so made upon the

judgment docket.
N.D. Cent. Code § 28-32-08.1 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-08.1
28-32-08.1. Rules affecting small entities - Analysis - Economic impact statements - Judicial review
Status: in_force

28-32-08.1. Rules affecting small entities - Analysis - Economic impact statements -

Judicial review.

1. As used in this section:

a. "Small business" means a business entity, including its affiliates, which:

(1) Is independently owned and operated; and

(2) Employs fewer than twenty-five full-time employees or has gross annual

sales of less than two million five hundred thousand dollars;

b. "Small entity" includes small business, small organization, and small political

subdivision;

c. "Small organization" means any not-for-profit enterprise that is independently

owned and operated and is not dominant in its field; and

d. "Small political subdivision" means a political subdivision with a population of less

than five thousand.

2. Before adoption of any proposed rule, the adopting agency shall prepare a regulatory

analysis in which, consistent with public health, safety, and welfare, the agency

considers utilizing regulatory methods that will accomplish the objectives of applicable

statutes while minimizing adverse impact on small entities. The agency shall consider

each of the following methods of reducing impact of the proposed rule on small

entities:

a. Establishment of less stringent compliance or reporting requirements for small

entities;

b. Establishment of less stringent schedules or deadlines for compliance or

reporting requirements for small entities;

c. Consolidation or simplification of compliance or reporting requirements for small

entities;

d. Establishment of performance standards for small entities to replace design or

operational standards required in the proposed rule; and

e. Exemption of small entities from all or any part of the requirements contained in

the proposed rule.

3. Before adoption of any proposed rule that may have an adverse impact on small

entities, the adopting agency shall prepare an economic impact statement that

includes consideration of:

a. The small entities subject to the proposed rule;

b. The administrative and other costs required for compliance with the proposed

rule;

c. The probable cost and benefit to private persons and consumers who are

affected by the proposed rule;

d. The probable effect of the proposed rule on state revenues; and

e. Any less intrusive or less costly alternative methods of achieving the purpose of

the proposed rule.

4. For any rule subject to this section, a small entity that is adversely affected or

aggrieved by final agency action is entitled to judicial review of agency compliance

with the requirements of this section. A small entity seeking judicial review under this

section must file a petition for judicial review within one year from the date of final

agency action.

5. This section does not apply to the ethics commission, any agency that is an

occupational or professional licensing authority, and the following agencies or divisions

of agencies:

a. Council on the arts.

b. Beef commission.

c. Dairy promotion commission.

d. Dry bean council.

e. Highway patrol troopers' retirement board.

f. Indian affairs commission.

g. Board for Indian scholarships.

h. State personnel board.

i. Potato council.

j. Board of public school education.

k. Real estate trust account committee.

l. Seed commission.

m. Soil conservation committee.

n. Oilseed council.

o. Wheat commission.

p. State seed arbitration board.

q. North Dakota lottery.

6. This section does not apply to rules mandated by federal law.

7. The adopting agency shall provide the administrative rules committee copies of any

regulatory analysis or economic impact statement, or both, prepared under this section

when the committee is considering the associated rules.
N.D. Cent. Code § 28-31-03 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-03
28-31-03. Calendar
Status: in_force

28-31-03. Calendar

Superseded by N.D.R.App.P., Rule 45.
N.D. Cent. Code § 28-25-05 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-05
28-25-05. When debtor may be arrested
Status: in_force

28-25-05. When debtor may be arrested

Instead of the order requiring the attendance of the judgment debtor, the judge, upon proof

by affidavit or otherwise to the judge's satisfaction that there is danger that the debtor will leave

the state or attempt to avoid being found and that there is reason to believe that the debtor has

property which the debtor unjustly refuses to apply to such judgment, may issue a warrant

requiring the sheriff of any county where such debtor may be to arrest and bring the debtor

before such judge. Upon being brought before the judge, the debtor may be examined on oath

and, if it then appears that there is danger that the debtor will leave the state and that the debtor

has property that the debtor has refused unjustly to apply to such judgment, the debtor may be

ordered to enter into an undertaking with one or more sureties that the debtor from time to time

will attend before the judge as directed and that during the pendency of the proceedings the

debtor will not dispose of any portion of the debtor's property not exempt from execution. In

default of entering into such undertaking, the debtor may be committed to jail by warrant of the

judge as for contempt.
N.D. Cent. Code § 28-27-32 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-32
28-27-32. Appeals in all actions tried to the court without a jury
Status: repealed

28-27-32. Appeals in all actions tried to the court without a jury

Repealed by S.L. 1971, ch. 311, § 2.
N.D. Cent. Code § 28-26-09 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-09
28-26-09. When costs allowed to defendant
Status: in_force

28-26-09. When costs allowed to defendant

Costs must be allowed of course to the defendant in the actions mentioned in sections

28-26-07 and 28-26-08 unless the plaintiff is entitled to costs therein.
N.D. Cent. Code § 28-21-05 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-05
28-21-05. Execution issued to sheriff of counties where judgment docketed
Status: in_force

28-21-05. Execution issued to sheriff of counties where judgment docketed

An execution may be issued by the clerk of court in which the judgment was entered to the

sheriff of any county where the judgment is docketed. If the execution requires the delivery of

real or personal property, the execution may be issued to the sheriff of any county where the

property or portion of the property is situated. More than one execution may be issued at the

same time to the sheriffs of different counties.
N.D. Cent. Code § 28-20.1-03 — ND Code / Title 28 / Chapter 28-20.1 / Section 28-20.1-03
28-20.1-03. Notice of filing
Status: in_force

28-20.1-03. Notice of filing

1. At the time of filing of the foreign judgment, the judgment creditor or the judgment

creditor's lawyer shall make and file with the clerk of court an affidavit setting forth the

name and last-known post-office address of the judgment debtor and otherwise

complying with section 28-20-15.

2. Promptly upon the filing of a foreign judgment and the affidavit, the clerk shall mail

notice of the filing of the foreign judgment to the judgment debtor at the address given

and shall make a note of the mailing in the docket. The notice must include the name

and post-office address of the judgment creditor and the judgment creditor's lawyer, if

any, in this state. In addition, the judgment creditor may mail a notice of the filing of the

judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of

mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof

of mailing by the judgment creditor has been filed.

3. No execution or other process for enforcement of a foreign judgment filed hereunder

may issue until ten days after the date the judgment is filed.
N.D. Cent. Code § 28-20.1-04 — ND Code / Title 28 / Chapter 28-20.1 / Section 28-20.1-04
28-20.1-04. Stay
Status: in_force

28-20.1-04. Stay

1. If the judgment debtor shows the district court of any county that an appeal from the

foreign judgment is pending or will be taken, or that a stay of execution has been

granted, the court shall stay enforcement of the foreign judgment until the appeal is

concluded, the time for appeal expires, or the stay of execution expires or is vacated,

upon proof that the judgment debtor has furnished the security for the satisfaction of

the judgment required by the state in which it was rendered.

2. If the judgment debtor shows the district court of any county any ground upon which

enforcement of a judgment of any district court of any county of this state would be

stayed, the court shall stay enforcement of the foreign judgment for an appropriate

period, upon requiring the same security for satisfaction of the judgment which is

required in this state.
N.D. Cent. Code § 28-35-02 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-02
28-35-02. (103) International application of chapter
Status: in_force

28-35-02. (103) International application of chapter

A court of this state may treat a foreign country as if it were a state for the purpose of

applying sections 28-35-01, 28-35-02, 28-35-03, 28-35-04, 28-35-05, 28-35-06, 28-35-07,

28-35-08, 28-35-09, 28-35-10, 28-35-11, 28-35-12, 28-35-13, 28-35-14, 28-35-15, 28-35-16,

and 28-35-20.
N.D. Cent. Code § 28-14-06 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-06
28-14-06. Challenges for cause - Grounds
Status: in_force

28-14-06. Challenges for cause - Grounds

Challenges for cause may be taken on one or more of the following grounds:

1. A want of any of the qualifications prescribed by law to render a person competent as

a juror;

2. Consanguinity or affinity within the fourth degree to either party;

3. Standing in the relation of guardian and ward, master and servant, debtor and creditor,

employer and employee, attorney and client, or principal and agent to either party, or

being a member of the family of either party, or being a partner in business with either

party, or surety on any bond or obligation for either party;

4. Having served as a juror or been a witness on a previous trial between the same

parties for the same claim for relief;

5. Interest on the part of the juror in the event of the action, or in the main question

involved in the action, except the juror's interest as a member or citizen of a municipal

corporation;

6. Having an unqualified opinion or belief as to the merits of the action founded upon

knowledge of its material facts or some of them;

7. The existence of a state of mind in the juror evincing enmity against or bias for or

against either party; or

8. That the juror does not understand the English language as used in the courts.
N.D. Cent. Code § 28-22-06 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-06
28-22-06. Claim to be made within ten days
Status: in_force

28-22-06. Claim to be made within ten days

Any claim for exemptions must be made by or on behalf of the debtor within ten days after

service of notice of levy.
N.D. Cent. Code § 28-32-01 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-01
28-32-01. Definitions
Status: in_force

28-32-01. Definitions

In this chapter, unless the context or subject matter otherwise provides:

1. "Adjudicative proceeding" means an administrative matter resulting in an agency

issuing an order after an opportunity for hearing is provided or required. An

adjudicative proceeding includes administrative matters involving a hearing on a

complaint against a specific-named respondent; a hearing on an application seeking a

right, privilege, or an authorization from an agency, such as a ratemaking or licensing

hearing; or a hearing on an appeal to an agency. An adjudicative proceeding includes

reconsideration, rehearing, or reopening. Once an adjudicative proceeding has begun,

the adjudicative proceeding includes any informal disposition of the administrative

matter under section 28-32-22 or another specific statute or rule, unless the matter has

been specifically converted to another type of proceeding under section 28-32-22. An

adjudicative proceeding does not include a decision or order to file or not to file a

complaint, or to initiate an investigation, an adjudicative proceeding, or any other

proceeding before the agency, or another agency, or a court. An adjudicative

proceeding does not include a decision or order to issue, reconsider, or reopen an

order that precedes an opportunity for hearing or that under another section of this

code is not subject to review in an adjudicative proceeding. An adjudicative proceeding

does not include rulemaking under this chapter.

2. "Administrative agency" or "agency" means each board, bureau, commission,

department, or other administrative unit of the executive branch of state government,

including one or more officers, employees, or other persons directly or indirectly

purporting to act on behalf or under authority of the agency. An administrative unit

located within or subordinate to an administrative agency must be treated as part of

that agency to the extent it purports to exercise authority subject to this chapter. The

term administrative agency does not include:

a. The office of management and budget except with respect to rules relating to

conduct on the capitol grounds and in buildings located on the capitol grounds

under section 54-21-18, rules relating to the classified service as authorized

under section 54-44.3-07, and rules relating to state purchasing practices as

required under section 54-44.4-04.

b. The adjutant general with respect to the department of emergency services.

c. The council on the arts.

d. The state auditor.

e. The department of commerce with respect to the division of economic

development and finance.

f. The dairy promotion commission.

g. The education factfinding commission.

h. The kindergarten through grade twelve education coordination council.

i. The board of equalization.

j. The board of higher education.

k. The Indian affairs commission.

l. The industrial commission with respect to the activities of the Bank of North

Dakota, North Dakota housing finance agency, public finance authority, North

Dakota mill and elevator association, North Dakota farm finance agency, the

North Dakota transmission authority, and the North Dakota pipeline authority.

m. The department of corrections and rehabilitation except with respect to the

activities of the division of adult services under chapter 54-23.4.

n. The pardon advisory board.

o. The parks and recreation department.

p. The parole board.

q. The state fair association.

r. The attorney general with respect to activities of the state toxicologist and the

state crime laboratory.

s. The administrative committee on veterans' affairs except with respect to rules

relating to the supervision and government of the veterans' home and the

implementation of programs or services provided by the veterans' home.

t. The industrial commission with respect to the lignite research fund except as

required under section 57-61-01.5.

u. The attorney general with respect to guidelines adopted under section 12.1-32-15

for the risk assessment of sexual offenders, the risk level review process, and

public disclosure of information under section 12.1-32-15.

v. The commission on legal counsel for indigents.

w. The attorney general with respect to twenty-four seven sobriety program

guidelines and program fees.

x. The industrial commission with respect to approving or setting water rates under

y. The board of university and school lands with respect to the adjudicative

proceeding requirements and procedures under sections 28-32-21 through

28-32-51.

3. "Agency head" means an individual or body of individuals in whom the ultimate legal

authority of the agency is vested by law.

4. "Commission" means the North Dakota ethics commission established by article XIV of

the Constitution of North Dakota.

5. "Complainant" means any person who files a complaint before an administrative

agency pursuant to section 28-32-21 and any administrative agency that, when

authorized by law, files such a complaint before such agency or any other agency.

6. "Hearing officer" means any agency head or one or more members of the agency

head when presiding in an administrative proceeding, or, unless prohibited by law, one

or more other persons designated by the agency head to preside in an administrative

proceeding, an administrative law judge from the office of administrative hearings, or

any other person duly assigned, appointed, or designated to preside in an

administrative proceeding pursuant to statute or rule.

7. "License" means a franchise, permit, certification, approval, registration, charter, or

similar form of authorization required by law.

8. "Order" means any agency action of particular applicability which determines the legal

rights, duties, privileges, immunities, or other legal interests of one or more specific

persons. The term does not include an executive order issued by the governor.

9. "Party" means each person named or admitted as a party or properly seeking and

entitled as of right to be admitted as a party. An administrative agency may be a party.

In a hearing for the suspension, revocation, or disqualification of an operator's license

under title 39, the term may include each city and each county in which the alleged

conduct occurred, but the city or county may not appeal the decision of the hearing

officer.

10. "Person" includes an individual, association, partnership, corporation, limited liability

company, the commission, a state governmental agency or governmental subdivision,

or an agency of such governmental subdivision.

11. "Relevant evidence" means evidence having any tendency to make the existence of

any fact that is of consequence to the determination of the administrative action more

probable or less probable than it would be without the evidence.

12. "Rule" means the whole or a part of an agency or commission statement of general

applicability which implements or prescribes law or policy or the organization,

procedure, or practice requirements of the agency or commission. The term includes

the adoption of new rules and the amendment, repeal, or suspension of an existing

rule. The term does not include:

a. A rule concerning only the internal management of an agency or the commission

which does not directly or substantially affect the substantive or procedural rights

or duties of any segment of the public.

b. A rule that sets forth criteria or guidelines to be used by the staff of an agency or

the commission in the performance of audits, investigations, inspections, and

settling commercial disputes or negotiating commercial arrangements, or in the

defense, prosecution, or settlement of cases, if the disclosure of the rule would:

(1) Enable law violators to avoid detection;

(2) Facilitate disregard of requirements imposed by law; or

(3) Give a clearly improper advantage to persons who are in an adverse

position to the state.

c. A rule establishing specific prices to be charged for particular goods or services

sold by an agency.

d. A rule concerning only the physical servicing, maintenance, or care of

agency-owned, agency-operated, commission-owned, or commission-operated

facilities or property.

e. A rule relating only to the use of a particular facility or property owned, operated,

or maintained by the state or any of its subdivisions, if the substance of the rule is

adequately indicated by means of signs or signals to persons who use the facility

or property.

f. A rule concerning only inmates of a correctional or detention facility, students

enrolled in an educational institution, or patients admitted to a hospital, if adopted

by that facility, institution, or hospital.

g. A form whose contents or substantive requirements are prescribed by rule or

statute or are instructions for the execution or use of the form.

h. An agency or commission budget.

i. An opinion of the attorney general.

j. A rule adopted by an agency selection committee under section 54-44.7-03.

k. Any material, including a guideline, interpretive statement, statement of general

policy, manual, brochure, or pamphlet, which is explanatory and not intended to

have the force and effect of law.
N.D. Cent. Code § 28-32-52 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-52
28-32-52. Elected official authority
Status: in_force

28-32-52. Elected official authority

This chapter does not prohibit an elected official from presiding at that agency's cases, nor

from deciding cases within that agency's jurisdiction.
N.D. Cent. Code § 28-24-08 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-08
28-24-08. Protection of debtor
Status: in_force

28-24-08. Protection of debtor

In case any mortgagor, redemptioner, or judgment debtor objects to the payment of any

insurance premium, taxes, or prior liens on account of the incorrectness or invalidity thereof,

that person may file with the sheriff an indemnity bond, in an amount and with sureties to be

approved by the judge of the district court, and thereupon the sheriff shall permit redemption to

be made without the payment of such insurance premiums, taxes, or prior liens so excepted to,

and the purchaser may determine the correctness or validity thereof and may collect the same

by an action directly upon such bond, which action must be brought within one year next

following such redemption.
N.D. Cent. Code § 28-20-13 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-13
28-20-13. Docketing judgment - Transcript to other counties - Lien on real property
Status: in_force

28-20-13. Docketing judgment - Transcript to other counties - Lien on real property

1. On filing a judgment roll upon a judgment that directs the payment of money, the clerk

of the district court in which the judgment was rendered shall docket the judgment in a

separate record to be known as the "judgment docket". The judgment may be

docketed in any other county upon filing with the clerk of the district court of that

county a transcript of the original judgment docket.

2. For a judgment docketed before August 1, 2021, the judgment is a lien on all the real

property, except the homestead, of every person against whom the judgment is

rendered, which the person may have in any county in which the judgment is docketed

at the time of docketing or which the person thereafter acquires in the county, for

ten years from the time of docketing the judgment in the county in which it was

rendered.

3. For a judgment docketed after August 1, 2021, the judgment is a lien on all the real

property, except the homestead, of every person against whom the judgment is

rendered, which the person may have in any county in which the judgment is docketed

at the time of docketing or which the person thereafter acquires in the county, for

twenty years from the time of docketing the judgment in the county in which it was

rendered.

4. When a judgment is docketed in a county to which unorganized territory is attached for

judicial purposes, the judgment is a lien upon any real property of the judgment debtor

situated in the unorganized territory to the same extent as though the real property

were situated in the organized county. If the unorganized territory thereafter is

organized as a county, a transcript of the judgment docket must be filed in the office of

the clerk of the district court of the county within ninety days after the organization of

the county, or it ceases to be a lien upon any real property in the county.
N.D. Cent. Code § 28-27-19 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-19
28-27-19. From whom undertaking not required unless ordered by court
Status: in_force

28-27-19. From whom undertaking not required unless ordered by court

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-25-13 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-13
28-25-13. Record of orders
Status: in_force

28-25-13. Record of orders

Whenever the judge grants an order for the appointment of a receiver of the property of the

judgment debtor, the same must be filed in the office of the clerk of the court from which

execution issued, and the clerk shall record the order and shall note the time of the filing of such

order therein. A certified copy of the order must be delivered to the receiver named therein and

the receiver is vested with the property and effects of the judgment debtor from the time of the

filing and recording of the order as aforesaid. The receiver of the judgment debtor is subject to

the direction and control of the court appointing the receiver. Before the receiver is vested with

any real property of such judgment debtor, a certified copy of the order must be recorded in the

office of the recorder of the county in which any real estate of such judgment debtor sought to

be affected by such order is situated, and also in the office of the recorder of the county in which

such judgment debtor resides.
N.D. Cent. Code § 28-20-08 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-08
28-20-08. Judgment may order delivery of possession - Enforcement
Status: in_force

28-20-08. Judgment may order delivery of possession - Enforcement

Every judgment that contains a direction for the sale of specific real property also may direct

the delivery of the possession of the property to the purchaser, and the officer receiving the

execution or order of sale may enforce the judgment by putting the purchaser in possession of

the premises as if special execution had been directed to the purchaser for that purpose. The

judgment creditor must show that the debtor has an interest in the real property that is the

subject of the judgment.
N.D. Cent. Code § 28-35-07 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-07
28-35-07. (202) Exclusive basis
Status: in_force

28-35-07. (202) Exclusive basis

Sections 28-35-06, 28-35-07, 28-35-08, 28-35-09, 28-35-10, 28-35-11, 28-35-12, 28-35-13,

and 28-35-14 provide the exclusive jurisdictional basis for a court of this state to appoint a

guardian or issue a protective order for an adult.
N.D. Cent. Code § 28-35-05 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-05
28-35-05. (106) Taking testimony in another state
Status: in_force

28-35-05. (106) Taking testimony in another state

1. In a guardianship or protective proceeding, in addition to other procedures that may be

available, testimony of a witness who is located in another state may be offered by

deposition or other means allowable in this state for testimony taken in another state.

The court on its own motion may order that the testimony of a witness be taken in

another state and may prescribe the manner in which and the terms upon which the

testimony is to be taken.

2. In a guardianship or protective proceeding, a court in this state may permit a witness

located in another state to be deposed or to testify by telephone or audiovisual or other

electronic means. A court of this state shall cooperate with the court of the other state

in designating an appropriate location for the deposition or testimony.

3. Documentary evidence transmitted from another state to a court of this state by

technological means that do not produce an original writing may not be excluded from

evidence on an objection based on the best evidence rule.
N.D. Cent. Code § 28-20-31 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-31
28-20-31. Certificate of clerk of bankruptcy court to be prima facie evidence of service
Status: repealed

28-20-31. Certificate of clerk of bankruptcy court to be prima facie evidence of

service.

Repealed by S.L. 2007, ch. 275, § 3.
N.D. Cent. Code § 28-23-09 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-09
28-23-09. Surplus paid judgment debtor
Status: in_force

28-23-09. Surplus paid judgment debtor

Except for real estate foreclosure sales if the property sells for more than the amount

required to be collected, the surplus must be paid to the judgment debtor, unless the officer has

another execution in the officer's hands on which the surplus rightfully may be applied.
N.D. Cent. Code § 28-36-04 — ND Code / Title 28 / Chapter 28-36 / Section 28-36-04
28-36-04. Rules - Authority
Status: in_force

28-36-04. Rules - Authority

The supreme court shall adopt rules to implement this chapter.
N.D. Cent. Code § 28-14-15 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-15
28-14-15. View by jurors
Status: in_force

28-14-15. View by jurors

When in the opinion of the court it is proper for the jurors to have a view of the property

which is the subject of litigation, or of the place in which any material fact occurred, it may order

them to be conducted in a body under the charge of an officer to the place, which must be

shown to them by some person appointed by the court for that purpose. While the jurors are

thus absent, no person, other than the person so appointed, may speak to them on any subject

connected with the trial.
N.D. Cent. Code § 28-01.3-05 — ND Code / Title 28 / Chapter 28-01.3 / Section 28-01.3-05
28-01.3-05. Indemnity of seller
Status: in_force

28-01.3-05. Indemnity of seller

If a product liability action is commenced against a seller, and it is alleged that a product

was defectively designed, contained defectively manufactured parts, had insufficient safety

guards, or had inaccurate or insufficient warning; that such condition existed when the product

left the control of the manufacturer; that the seller has not substantially altered the product; and

that the defective condition or lack of safety guards or adequate warnings caused the injury or

damage complained of; the manufacturer from whom the product was acquired by the seller

must be required to assume the cost of defense of the action, and any liability that may be

imposed on the seller. The obligation to assume the seller's cost of defense should also extend

to an action in which the manufacturer and seller are ultimately found not liable.
N.D. Cent. Code § 28-04-03 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-03
28-04-03. Actions having venue where the cause arose
Status: in_force

28-04-03. Actions having venue where the cause arose

An action for any one of the following causes must be tried in the county where the cause or

some part thereof arose, subject to the power of the court to change the place of trial as

provided in sections 28-04-09 and 28-04-10:

1. For the recovery of a penalty or forfeiture imposed by statute, except that when it is

imposed for an offense committed on a lake or river or other stream of water situated

in two or more counties, the action may be brought in any county bordering on such

lake, river, or stream, and opposite the place where the offense was committed; and

2. Against a public officer, or person specially appointed to execute the officer's duties,

for an act done by that individual by virtue of office, or against a person who by that

person's command or aid shall do anything touching the duties of such officer.
N.D. Cent. Code § 28-35-09 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-09
28-35-09. (204) Special jurisdiction
Status: in_force

28-35-09. (204) Special jurisdiction

1. A court of this state lacking jurisdiction under section 28-35-08 has special jurisdiction

to do any of the following:

a. Appoint a guardian in an emergency for a term not exceeding ninety days for a

respondent who is physically present in this state;

b. Issue a protective order with respect to real or tangible personal property located

in this state; or

c. Appoint a guardian or conservator for an incapacitated or protected person for

whom a provisional order to transfer the proceeding from another state has been

issued under procedures similar to section 28-35-15.

2. If a petition for the appointment of a guardian in an emergency is brought in this state

and this state was not the respondent's home state on the date the petition was filed,

the court shall dismiss the proceeding at the request of the court of the home state, if

any, whether dismissal is requested before or after the emergency appointment.
N.D. Cent. Code § 28-21-17 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-17
28-21-17. Execution against principal first
Status: in_force

28-21-17. Execution against principal first

If a judgment is rendered upon any instrument in writing in which two or more persons are

severally bound, and it appears to the court that a person signed the same as surety or bail for

that person's codefendant, the court shall state which of the defendants is principal debtor and

which is surety or bail. Execution issued on the judgment must command the sheriff to cause

the property of the principal debtor to be sold and if the proceeds from that sale are insufficient,

to collect the deficiency from the property of the surety or bail. The property of the principal

debtor within the jurisdiction of the court must be exhausted before any of the property of the

surety or bail may be taken in execution.
N.D. Cent. Code § 28-06.2-04 — ND Code / Title 28 / Chapter 28-06.2 / Section 28-06.2-04
28-06.2-04. Service upon officer or employee acting under color of federal employment
Status: in_force

28-06.2-04. Service upon officer or employee acting under color of federal

employment.

The provisions of sections 28-06.2-02 and 28-06.2-03 apply to any action seeking relief

against an officer or employee of the United States for any act done under the color of the

person's office or employment.
N.D. Cent. Code § 28-06.2-05 — ND Code / Title 28 / Chapter 28-06.2 / Section 28-06.2-05
28-06.2-05. Procedures governing other matters remain the same
Status: in_force

28-06.2-05. Procedures governing other matters remain the same

Except as otherwise provided in this chapter, or by express provision of other law,

procedures governing suits against the United States, or any of its agencies, officers, or

employees acting in their official capacities, shall be those governing similar suits to which the

United States, or an agency, officer, or employee, is not a party.
N.D. Cent. Code § 28-27-09.1 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-09.1
28-27-09.1. From whom undertaking not required unless ordered by court
Status: in_force

28-27-09.1. From whom undertaking not required unless ordered by court

When the state, or any state officer, or state board, in a purely official capacity, or any public

corporation, or any municipal corporation within the state, takes an appeal, service of the notice

of appeal perfects the appeal and stays the execution or performance of the judgment or order

appealed from and no undertaking need be given, but the supreme court on motion may require

sureties to be given in such form and manner as it shall prescribe as a condition of the further

prosecution of the appeal.
N.D. Cent. Code § 28-32-46 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-46
28-32-46. Scope of and procedure on appeal from determination of administrative agency
Status: in_force

28-32-46. Scope of and procedure on appeal from determination of administrative

agency.

A judge of the district court must review an appeal from the determination of an

administrative agency based only on the record filed with the court. After a hearing, the filing of

briefs, or other disposition of the matter as the judge may reasonably require, the court must

affirm the order of the agency unless it finds that any of the following are present:

1. The order is not in accordance with the law.

2. The order is in violation of the constitutional rights of the appellant.

3. The provisions of this chapter have not been complied with in the proceedings before

the agency.

4. The rules or procedure of the agency have not afforded the appellant a fair hearing.

5. The findings of fact made by the agency are not supported by a preponderance of the

evidence.

6. The conclusions of law and order of the agency are not supported by its findings of

fact.

7. The findings of fact made by the agency do not sufficiently address the evidence

presented to the agency by the appellant.

8. The conclusions of law and order of the agency do not sufficiently explain the agency's

rationale for not adopting any contrary recommendations by a hearing officer or an

administrative law judge.

If the order of the agency is not affirmed by the court, it must be modified or reversed, and the

case shall be remanded to the agency for disposition in accordance with the order of the court.
N.D. Cent. Code § 28-20-18 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-18
28-20-18. Docketing judgments of United States courts - Effect
Status: repealed

28-20-18. Docketing judgments of United States courts - Effect

Repealed by S.L. 1969, ch. 294, § 10.
N.D. Cent. Code § 28-01.4-01 — ND Code / Title 28 / Chapter 28-01.4 / Section 28-01.4-01
28-01.4-01. Definitions
Status: in_force

28-01.4-01. Definitions

As used in this chapter:

1. "Aircraft" means general aviation light craft that is powered and intended to fly above

the ground; is designed to carry one person or more, but with a maximum seating

capacity of fewer than twenty passengers; and weighs less than twelve thousand five

hundred pounds [5669.9 kilograms].

2. "Aircraft component" means a manufactured part or assembly intended for use in the

construction, replacement, or repair of an aircraft. The term includes any complete

aircraft subsystem, including the aircraft engine, that carries its own manufacturer's

warranty or services provided separately from the warranty of the manufacturer of the

aircraft.

3. "Aviation manufacturer" means a manufacturer of aircraft or aircraft components who

has its place of manufacture and place of production of aircraft or aircraft components

located within this state. The term includes a manufacturer located in this state who

imports raw materials, components, and aircraft subassemblies from outside the state

for manufacturing purposes. The term also includes a person who modifies, maintains,

alters, repairs, or installs aircraft components in aircraft in accordance with federal

aviation administration regulations and holds a repair station certificate issued by the

federal aviation administration.

4. "State-of-the-art product" means an aircraft or aircraft component manufactured by

utilizing the most recent scientific, mechanical, and technological developments at the

time of manufacture.
N.D. Cent. Code § 28-01-06 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-06
28-01-06. Actions founded upon entry upon real estate - Limitations
Status: in_force

28-01-06. Actions founded upon entry upon real estate - Limitations

No entry upon real estate may be deemed sufficient or valid as a claim unless an action is

commenced thereon within one year after the making of such entry and within twenty years from

the time when the right to make such entry descended or accrued.
N.D. Cent. Code § 28-26-14 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-14
28-26-14. Notice of taxing costs - Verification - Items
Status: in_force

28-26-14. Notice of taxing costs - Verification - Items

Superseded by N.D.R.Civ.P., Rule 54.
N.D. Cent. Code § 28-01-26 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-26
28-01-26. Limitation in case of death
Status: in_force

28-01-26. Limitation in case of death

If a person entitled to bring an action dies before the expiration of the time limited for the

commencement thereof and the claim for relief survives, an action may be commenced by that

person's representatives after the expiration of that time and within one year from that person's

death. If a person against whom an action may be brought dies before the expiration of the time

limited for the commencement thereof and the claim for relief survives and is not one based

upon a claim which may be filed proceeding under title 30.1, an action may be commenced

against that person's personal representative after the expiration of that time and within one

year after the issuing of letters.
N.D. Cent. Code § 28-29-06 — ND Code / Title 28 / Chapter 28-29 / Section 28-29-06
28-29-06. Public policy
Status: repealed

28-29-06. Public policy

Repealed by S.L. 2003, ch. 270, § 1.
N.D. Cent. Code § 28-01-24 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-24
28-01-24. Limitations on claims for relief fraudulently concealed
Status: in_force

28-01-24. Limitations on claims for relief fraudulently concealed

When, by fraud or fraudulent concealment, a party against whom a claim for relief exists

prevents the person in whose favor such claim for relief exists from obtaining knowledge

thereof, the latter may commence an action within one year from the time the claim for relief is

discovered by the latter or might have been discovered by the latter in the exercise of diligence.

Such fraud or fraudulent concealment must be established to the satisfaction of the court or jury,

as the case may be, by a fair preponderance of the evidence.
N.D. Cent. Code § 28-21-10 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-10
28-21-10. Officer's proceedings on execution
Status: in_force

28-21-10. Officer's proceedings on execution

When an execution is delivered to any officer, the officer shall endorse on the execution the

day and hour when the officer received the execution and shall proceed to execute the

execution with diligence. If executed, an exact description of the property sold with the date of

the levy, sale, or other act done by virtue of the execution, including all costs incurred, must be

endorsed upon or appended to the execution. If the writ was not executed, the execution must

be returned wholly unsatisfied with all costs incurred endorsed upon or appended to the

execution. If the writ was executed in part only, the reason along with all costs in the case must

be stated in the return.
N.D. Cent. Code § 28-32-44 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-44
28-32-44. Agency to maintain and certify record on appeal
Status: in_force

28-32-44. Agency to maintain and certify record on appeal

1. An administrative agency shall maintain an official record of each adjudicative

proceeding or other administrative proceeding heard by it.

2. Within thirty days, or a longer time as the court by order may direct, after an appeal

has been taken to the district court as provided in this chapter, and after payment by

the appellant of the estimated cost of preparation and filing of the entire record of the

proceedings before the agency, the administrative agency concerned shall prepare

and file in the office of the clerk of the district court in which the appeal is pending the

original or a certified copy of the entire record of proceedings before the agency, or an

abstract of the record as may be agreed upon and stipulated by the parties. Upon

receiving a copy of the notice of appeal and specifications of error pursuant to

subsection 4 of section 28-32-42 and unless the agency is appealing, the

administrative agency shall notify the party appealing of the estimated costs of

preparation and filing of the record. Thereafter, unless the agency is appealing, the

party appealing shall pay the administrative agency the estimated costs required by

this subsection. If the actual costs of preparation and filing of the entire record of the

proceedings is greater than the estimated costs, the party appealing shall pay to the

agency the difference. If the actual costs are less than the estimated costs, the agency

shall pay to the party appealing the difference. Any payment for the costs of

preparation and filing of the record must be paid into the insurance recovery fund and

is appropriated as a refund to the agency for the purposes of defraying the costs of

preparing and filing the record. An agency may contract with any person or another

agency to prepare and file the record of any proceeding before the agency.

3. The cost of preparation and filing of the record may be waived by the district court

upon application by an appellant, showing that the appellant is a low-income person

unable to afford these costs. When a waiver is granted, the costs of preparation and

filing of the record must be paid by the administrative agency.

4. The agency record of the proceedings, as applicable, may consist of only the

following:

a. The complaint, answer, and other initial pleadings or documents.

b. Notices of all proceedings.

c. Any prehearing notices, transcripts, documents, or orders.

d. Any motions, pleadings, briefs, petitions, requests, and intermediate rulings.

e. A statement of matters officially noticed.

f. Offers of proof and objections and rulings thereon.

g. Proposed findings, requested orders, and exceptions.

h. The transcript of the hearing prepared for the person presiding at the hearing,

including all testimony taken, and any written statements, exhibits, reports,

memoranda, documents, or other information or evidence considered before final

disposition of proceedings.

i. Any recommended or proposed order, recommended or proposed findings of fact

and conclusions of law, final order, final findings of fact and conclusions of law, or

findings of fact and conclusions of law or orders on reconsideration.

j. Any information considered pursuant to section 28-32-25.

k. Matters placed on the record after an ex parte communication.

5. Except to the extent that this chapter or another statute provides otherwise, the

agency record constitutes the exclusive basis for administrative agency action and

judicial review of an administrative agency action.

6. The record on review of agency rulemaking action, as applicable, may consist of only

the following:

a. All agency notices concerning proposed rulemaking.

b. A copy of the proposed rule upon which written and oral submissions were made.

c. A copy of the rule as submitted for publication.

d. Any opinion letters by the attorney general as to a rule's legality or the legality of

the agency's rulemaking action.

e. A copy of any interim rule and the agency's findings and statement of the reasons

for an interim rule.

f. The regulatory analysis of a proposed rule.

g. The transcript of any oral hearing on a proposed rule.

h. All written submissions made to the agency on a proposed rule.

i. Any staff memoranda or data prepared for agency consideration in regard to the

proposed rule.

j. Any other document that the agency believes is relevant to the appeal.

k. Any other document that is not privileged and which is a public record that the

appellant requests the agency to include in the record, if relevant to the appeal.

7. If the notice of appeal specifies that no exception or objection is made to the agency's

findings of fact, and that the appeal is concerned only with the agency's conclusions of

law based on the facts found by it, the agency may submit an abstract of the record

along with such portions of the record as the agency deems necessary, to be

supplemented by those portions of the record requested to be submitted by the

appellant or by the other party when the agency is appealing.

8. The court may permit amendments or additions to the record filed by the

administrative agency in order to complete the record.
N.D. Cent. Code § 28-26-01 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-01
28-26-01. Attorney's fees by agreement - Exceptions - Awarding of costs and attorney's fees to prevailing party
Status: in_force

28-26-01. Attorney's fees by agreement - Exceptions - Awarding of costs and

attorney's fees to prevailing party.

1. Except as provided in subsection 2, the amount of fees of attorneys in civil actions

must be left to the agreement, express or implied, of the parties.

2. In civil actions the court shall, upon a finding that a claim for relief was frivolous, award

reasonable actual and statutory costs, including reasonable attorney's fees to the

prevailing party. Such costs must be awarded regardless of the good faith of the

attorney or party making the claim for relief if there is such a complete absence of

actual facts or law that a reasonable person could not have thought a court would

render judgment in that person's favor, providing the prevailing party has in responsive

pleading alleged the frivolous nature of the claim. This subsection does not require the

award of costs or fees against an attorney or party advancing a claim unwarranted

under existing law, if it is supported by a good-faith argument for an extension,

modification, or reversal of the existing law.
N.D. Cent. Code § 28-20-11 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-11
28-20-11. How judgment entered - Notice when entered
Status: in_force

28-20-11. How judgment entered - Notice when entered

The judgment must specify clearly the relief granted or other determination of the action. An

entry of the judgment must be made by the clerk in the register of civil actions. The entry of any

judgment affecting the title or possession of real property, except judgments required to be

docketed under the provisions of section 28-20-13, is not notice of its contents or constructive

notice of such judgment to a subsequent bona fide purchaser or encumbrancer, nor to a privy of

any party to such judgment who is otherwise a subsequent purchaser or encumbrancer in good

faith, and for a valuable consideration, until a certified copy of such judgment is recorded in the

office of the recorder in the county in which such property is located.
N.D. Cent. Code § 28-23-03 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-03
28-23-03. Perishable property
Status: in_force

28-23-03. Perishable property

Perishable property may be sold pursuant to the order of the court, prescribing such notice,

time, and manner of sale as may be reasonable, considering the character and condition of the

property.
N.D. Cent. Code § 28-05-05 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-05
28-05-05. Action deemed discontinued if complaint not served with summons and not filed within thirty days
Status: in_force

28-05-05. Action deemed discontinued if complaint not served with summons and not

filed within thirty days.

Superseded by N.D.R.Civ.P., Rule 4.
N.D. Cent. Code § 28-27-31 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-31
28-27-31. When new trial ordered - Time limited
Status: in_force

28-27-31. When new trial ordered - Time limited

Superseded by N.D.R.App.P., Rule 35.
N.D. Cent. Code § 28-32-47 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-47
28-32-47. Scope of and procedure on appeal from agency rulemaking
Status: in_force

28-32-47. Scope of and procedure on appeal from agency rulemaking

1. A judge of the district court shall review an appeal from an administrative agency's or

ethics commission's rulemaking action based only on the record filed with the court. If

an appellant requests documents to be included in the record but the agency or

commission does not include them, the court, upon application by the appellant, may

compel their inclusion. After a hearing, the filing of briefs, or other disposition of the

matter as the judge may reasonably require, the court shall affirm the rulemaking

action unless it finds that any of the following are present:

a. The provisions of this chapter have not been substantially complied with in the

rulemaking actions.

b. A rule published as a result of the rulemaking action appealed is unconstitutional

on the face of the language adopted.

c. A rule published as a result of the rulemaking action appealed is beyond the

scope of the agency's or commission's authority to adopt.

d. A rule published as a result of the rulemaking action appealed is on the face of

the language adopted an arbitrary or capricious application of authority granted

by statute.

2. If the rulemaking action of the agency or commission is not affirmed by the court, the

rulemaking action must be remanded to the agency or commission for disposition in

accordance with the order of the court, or the rule or a portion of the rule resulting from

the rulemaking action of the agency or commission must be declared invalid for

reasons stated by the court.
N.D. Cent. Code § 28-03-03 — ND Code / Title 28 / Chapter 28-03 / Section 28-03-03
28-03-03. Appointment of guardian ad litem for infant defendant - Nonresident
Status: in_force

28-03-03. Appointment of guardian ad litem for infant defendant - Nonresident

In actions for the partition of real property or for the foreclosure of a mortgage or other lien,

and in all actions affecting the title to real property, and in all other actions wherein an infant is a

proper or necessary party and such infant resides out of this state, a guardian ad litem may be

appointed upon application of the plaintiff. In such case, the court shall make its order

designating some suitable person to be the guardian for the infant defendant for the purposes of

the action unless the infant, or someone on the infant's behalf, shall procure the appointment of

another guardian for such infant within such time after the service of the order as the court

therein may fix. The order must contain special directions for the manner of its service, which

may be upon the infant or upon any relative or other person with whom the infant resides, and

may be either by mail or by personal service upon the person designated.
N.D. Cent. Code § 28-32-17 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-17
28-32-17. Administrative rules committee objection
Status: in_force

28-32-17. Administrative rules committee objection

If the legislative management's administrative rules committee objects to all or any portion

of a rule because the committee deems it to be unreasonable, arbitrary, capricious, or beyond

the authority delegated to the adopting agency, the committee may file that objection in certified

form with the legislative council. The filed objection must contain a concise statement of the

committee's reasons for its action.

1. The legislative council shall attach to each objection a certification of the time and date

of its filing and, as soon as possible, shall transmit a copy of the objection and the

certification to the agency adopting the rule in question. The legislative council also

shall maintain a permanent register of all committee objections.

2. The legislative council shall publish an objection filed pursuant to this section in the

next issue of the code supplement. In case of a filed committee objection to a rule

subject to the exceptions of the definition of rule in section 28-32-01, the agency shall

indicate the existence of that objection adjacent to the rule in any compilation

containing that rule.

3. Within fourteen days after the filing of a committee objection to a rule, the adopting

agency shall respond in writing to the committee. After receipt of the response, the

committee may withdraw or modify its objection.

4. After the filing of a committee objection, the burden of persuasion is upon the agency

in any action for judicial review or for enforcement of the rule to establish that the

whole or portion thereof objected to is within the procedural and substantive authority

delegated to the agency. If the agency fails to meet its burden of persuasion, the court

shall declare the whole or portion of the rule objected to invalid and judgment must be

rendered against the agency for court costs. These court costs must include a

reasonable attorney's fee and must be payable from the appropriation of the agency

which adopted the rule in question.
N.D. Cent. Code § 28-25-07 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-07
28-25-07. Examination of debtor's debtor
Status: in_force

28-25-07. Examination of debtor's debtor

After the issuing or return of an execution against property of the judgment debtor, or of any

one of the several debtors in the same judgment, and upon an affidavit that any person,

corporation, or limited liability company has property of such judgment debtor or is indebted to

the judgment debtor in an amount exceeding ten dollars, the judge by an order may require

such person, corporation, or limited liability company, or any officer or member thereof, to

appear at a specified time and place and answer concerning the same. The judge also may

require notice of such proceeding to be given to any party to the action in such manner as may

seem proper to the judge.
N.D. Cent. Code § 28-01.4-02 — ND Code / Title 28 / Chapter 28-01.4 / Section 28-01.4-02
28-01.4-02. Compliance with federal standards - Presumptions and defenses
Status: in_force

28-01.4-02. Compliance with federal standards - Presumptions and defenses

1. There is a disputable presumption that a product is free from any defect or defective

condition if the product was in compliance with:

a. Government standards established for that product; or

b. If no government standards exist, applicable industry standards that were in

existence at the time of manufacture.

2. An aviation manufacturer or a seller of aircraft or aircraft components may utilize the

presumption provided by subsection 1 if the manufacture, design, formulation,

inspection, testing, packaging, labeling, or warning complied with:

a. Federal aviation administration or department of transportation regulations that

relate to the safety or establish safety standards for the aircraft or aircraft

component and which existed at the time the aircraft or aircraft component was

produced;

b. Any premarket approval or certification by the federal aviation administration or

any other federal agency; and

c. Applicable industry standards that were in existence at the time the plans,

designs, warnings, or instructions for the aircraft or aircraft component or the

methods and techniques of manufacturing, inspecting, and testing the product

were adopted.

3. The presumption under subsection 1 is not available if the plaintiff proves by clear and

convincing evidence that the aviation manufacturer or product seller knowingly and in

violation of applicable agency regulations made misrepresentations, made illegal

payments to an official for the purpose of securing approval, committed fraud, or

concealed evidence.

4. There is an absolute defense to any product liability action brought against an aviation

manufacturer when a claimant, in violation of federal aviation administration

regulations, has used alcohol or illicit drugs while operating or using an aircraft or

aircraft component.

5. This chapter does not affect the authority of the federal aviation administration or any

other federal agency with regard to the regulation of aircraft and aircraft components.
N.D. Cent. Code § 28-04-05.1 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-05.1
28-04-05.1. Venue of trials
Status: in_force

28-04-05.1. Venue of trials

Notwithstanding any other provision of this chapter, if the county seats of adjoining counties

are less than ten miles [16.10 kilometers] apart and are located in the same judicial district, the

district court may hold any trial or hearing in either county. In the case of a jury trial, the jury

panel must be composed of residents of the county of venue as would otherwise be determined

under this chapter even if the case is not tried in that county.
N.D. Cent. Code § 28-01-11 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-11
28-01-11. Acts constituting adverse possession not based upon a written instrument
Status: in_force

28-01-11. Acts constituting adverse possession not based upon a written instrument

For the purpose of constituting an adverse possession by a person claiming title not

founded upon a written instrument nor upon a judgment or decree, land shall be deemed to

have been possessed and occupied only in the following cases:

1. When it has been protected by a substantial enclosure; or

2. When it has been usually cultivated or improved.
N.D. Cent. Code § 28-29-03 — ND Code / Title 28 / Chapter 28-29 / Section 28-29-03
28-29-03. Cause must be shown for extending time to answer
Status: in_force

28-29-03. Cause must be shown for extending time to answer

Superseded by N.D.R.Civ.P., Rule 6.
N.D. Cent. Code § 28-20-04 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-04
28-20-04. Relief limited by complaint
Status: in_force

28-20-04. Relief limited by complaint

Superseded by N.D.R.Civ.P., Rule 54.
N.D. Cent. Code § 28-14-18 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-18
28-14-18. Conduct of jurors in retirement
Status: in_force

28-14-18. Conduct of jurors in retirement

When the case finally is submitted to the jurors, they may decide in court or retire for

deliberation. If they retire, they must be kept together in some convenient place under charge of

an officer, until they agree upon a verdict, are temporarily dismissed by the court, or are

permanently discharged by the court. Unless, by order of the court, the officer having the jurors

under the officer's charge must not suffer any communication to be made to them, or make any

personally except to ask them if they have agreed upon a verdict, and the officer, before the

verdict is rendered, must not communicate to anyone the state of their deliberations or the

verdict agreed upon. If the jurors have not agreed upon a verdict during normal working hours of

any day of deliberations, the trial judge may temporarily dismiss the jurors and direct them when

to resume deliberations. If a trial jury contains both male and female members, the trial judge

may direct that the female members of the jury be placed in charge of a female bailiff and

permitted to retire to a suitable place for rest, and the male members of the jury placed in

charge of a male bailiff for a similar purpose. Whenever the jurors are dismissed or separated,

as above stated, the trial judge shall admonish the members thereof that they must not in any

manner discuss the case with anyone, nor permit anyone to discuss it with them, while they are

so dismissed or separated, and that they must discuss and consider the case only in the room

when all members of the jury are present.
N.D. Cent. Code § 28-27-22 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-22
28-27-22. Determining amount and effect of undertaking - Notice - Supreme court may make order
Status: in_force

28-27-22. Determining amount and effect of undertaking - Notice - Supreme court may

make order.

Superseded by N.D.R.App.P., Rules 7, 8.
N.D. Cent. Code § 28-05-07 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-07
28-05-07. Lis pendens - Effect
Status: in_force

28-05-07. Lis pendens - Effect

In a civil or criminal action in a court affecting the title to real property, the plaintiff, at the

time of filing the complaint or criminal information or indictment or at any time afterwards, or the

defendant, when the defendant sets up in the defendant's answer an affirmative claim for relief

affecting the title to real property and demands substantive relief, at the time of filing the

defendant's answer or at any time afterwards, may file for record with the recorder of each

county in which the real property is situated a notice of the pendency of the action, containing

the names of the parties, the object of the action, and a description of the real property affected.

From the time of filing only shall the pendency of the action be constructive notice to a

purchaser or encumbrancer of the property affected thereby, and every person whose

conveyance or encumbrance is subsequently executed or subsequently recorded is deemed a

subsequent purchaser or encumbrancer with notice and is bound by all proceedings taken after

the filing of such notice to the same extent as if that person were a party to the action. For the

purpose of this section, an action is deemed to be pending from the time of filing such notice,

but the notice in a civil action is of no avail unless it is followed by the first publication of the

summons, or by the personal service thereof on a defendant, within sixty days after such filing.
N.D. Cent. Code § 28-32-30 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-30
28-32-30. Default
Status: in_force

28-32-30. Default

1. If a party fails to attend or participate in a prehearing conference, hearing, or other

stage of an adjudicative proceeding, the agency may enter and serve upon all parties

written notice of default and a default order, including a statement of the grounds for

default.

2. Within seven days after service of the default notice, order, and grounds, the party

against whom default was ordered may file a written motion requesting that the default

order be vacated and stating the grounds relied upon. During the time within which a

party may file a written motion under this section, or at the time of issuing notice and

the default order, the agency may adjourn the proceedings or conduct them without

the participation of the party against whom a default order was issued, having due

regard for the interests of justice and the orderly and prompt conduct of the

proceedings. If an agency conducts further proceedings necessary to complete the

administrative action without the participation of a party in default, it shall determine all

the issues involved, including those affecting the defaulting party.
N.D. Cent. Code § 28-22-14 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-14
28-22-14. Property not exempt in action for its purchase price
Status: in_force

28-22-14. Property not exempt in action for its purchase price

No property is exempt from execution or attachment in an action brought for its purchase

price or any part thereof.
N.D. Cent. Code § 28-20-24 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-24
28-20-24. Satisfaction of judgment
Status: in_force

28-20-24. Satisfaction of judgment

Any judgment rendered or docketed in any district court of this state may be canceled and

discharged by the clerk thereof, upon the filing with the clerk of an acknowledgment of the

satisfaction thereof signed by the party in whose favor the judgment was obtained, or by that

party's attorney of record, executor or administrator, or assignee, and duly acknowledged in the

manner required to admit a deed of real property to record.
N.D. Cent. Code § 28-01-05 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-05
28-01-05. Actions founded upon title to real estate or to rents or services therefrom - Limitations
Status: in_force

28-01-05. Actions founded upon title to real estate or to rents or services therefrom -

Limitations.

No claim for relief, or defense, or counterclaim to an action founded upon the title to real

property, or to rents or service out of the same, is effectual unless it appears that the person

prosecuting the action or interposing the defense or counterclaim, or under whose title the

action is prosecuted or the defense or counterclaim is made, or the ancestor, predecessor, or

grantor of such person, was seized or possessed of the premises in question within twenty

years before the committing of the act in respect to which such action is prosecuted or such

defense or counterclaim is made.
N.D. Cent. Code § 28-20-34 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-34
28-20-34. Interest rate on judgments
Status: in_force

28-20-34. Interest rate on judgments

Interest is payable on judgments entered in the courts of this state at the same rate as is

provided in the original instrument upon which the action resulting in the judgment is based,

which rate may not exceed the maximum rate provided in section 47-14-09. If such original

instrument contains no provision as to an interest rate, or if the action resulting in the judgment

was not based upon an instrument, interest is payable at the rate of twelve percent per annum

through December 31, 2005. Beginning January 1, 2006, the interest is payable at a rate equal

to the prime rate published in the Wall Street Journal on the first Monday in December of each

year plus three percentage points rounded up to the next one-half percentage point and may not

be compounded in any manner or form. On or before the twentieth day of December each year,

the state court administrator shall determine the rate and shall transmit notice of that rate to all

clerks of court and to the state bar association of North Dakota. As established, the rate shall be

in effect beginning the first day of the following January through the last day of December in

each year. Except as otherwise provided in this section, interest on all judgments entered in the

courts of this state before January 1, 2006, must remain at the rate per annum which was

legally prescribed at the time the judgments were entered, and such interest may not be

compounded in any manner or form. Interest on unpaid child support obligations must be

calculated under section 14-09-25 according to the rate currently in effect under this section

regardless of the date the obligations first became due and unpaid.
N.D. Cent. Code § 28-22-02 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-02
28-22-02. Absolute exemption
Status: in_force

28-22-02. Absolute exemption

The property mentioned in this section is absolutely exempt from all process, levy, or sale:

1. All family pictures.

2. A pew or other sitting in any house of worship.

3. A lot or lots in any burial ground.

4. One family Bible or other family primary religious text and all schoolbooks used by the

family and all other books used as a part of the family library.

5. All wearing apparel, not exceeding five thousand dollars in value, and all clothing of

the debtor and the debtor's family.

6. The in-kind provisions for the debtor and the debtor's family necessary for one year's

supply, either provided or growing, or both, and in-kind fuel necessary for heating the

debtor's home or operating the debtor's motor vehicle for one year.

7. The homestead as created, defined, and limited by law.

8. All crops and grain, both threshed and unthreshed, raised by the debtor on not to

exceed one hundred sixty acres [64.75 hectares] of land in one tract occupied by the

debtor, either as owner or tenant, as the debtor's home, but the provisions of this

subsection in no way affect seed, thresher, or landlord liens, and if the debtor takes

advantage of this subsection the debtor may not take any additional alternative

exemptions provided under this chapter.

9. All insurance benefits resulting from insurance covering any or all of the absolute

exemptions if the insurance benefits are in cash or have been invested in other

property capable of exemption under this chapter.

10. In lieu of the homestead, and subject to the same value limitations that exist with

respect to the homestead exemption, any housetrailer or mobile home occupied as a

residence by the debtor or the debtor's family, except that it is not exempt from

process, levy, or sale for taxes levied on it pursuant to chapter 57-55. This section

does not preclude the debtor from claiming a mobile home as a dwelling house as part

of the homestead. The exemption in this subsection is not available if the debtor has

chosen the exemption provided for under subsection 1 of section 28-22-03.1.
N.D. Cent. Code § 28-21-02 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-02
28-21-02. Stay of execution but not of judgment
Status: in_force

28-21-02. Stay of execution but not of judgment

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-14-24 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-24
28-14-24. Correcting verdict
Status: in_force

28-14-24. Correcting verdict

When the verdict is announced, if it is informal or insufficient in not covering the issue

submitted, it may be corrected by the jury under the advice of the court, or the jurors again may

be sent out.
N.D. Cent. Code § 28-20-02 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-02
28-20-02. Notice of entry of judgment served
Status: in_force

28-20-02. Notice of entry of judgment served

Superseded by N.D.R.Civ.P., Rule 77.
N.D. Cent. Code § 28-21-14 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-14
28-21-14. What need not be sold
Status: in_force

28-21-14. What need not be sold

Money levied on may be appropriated without being advertised or sold. The same may be

done with judgments, drafts, promissory notes, or other papers of like character, if the judgment

creditor will receive them at their par value as cash or if the officer can exchange them for cash

at that value, and an assignment thereof by the officer shall have the same effect as if made by

the execution debtor.
N.D. Cent. Code § 28-01-25 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-25
28-01-25. Disabilities extend limitations on actions generally - Exceptions
Status: in_force

28-01-25. Disabilities extend limitations on actions generally - Exceptions

If a person who is entitled to bring an action other than for the recovery of real property, or

for a penalty or forfeiture, or against a sheriff or other officer for an escape is:

1. Under the age of eighteen years;

2. Insane; or

3. Imprisoned on a criminal charge or in execution under the sentence of a criminal court

for a term less than for life,

at the time the claim for relief accrues, the time of such disability is not a part of the time limited

for the commencement of the action. However, the period within which the action must be

brought cannot be extended more than five years by any such disability except infancy, nor can

it be extended in any case longer than one year after the disability ceases. In cases alleging

professional malpractice, the extension of the limitation due to infancy is limited to twelve years.
N.D. Cent. Code § 28-14-13 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-13
28-14-13. Written instructions may be submitted to counsel
Status: in_force

28-14-13. Written instructions may be submitted to counsel

Superseded by N.D.R.Civ.P., Rule 51.
N.D. Cent. Code § 28-01-42 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-42
28-01-42. Cancellation or enforcement of contract for sale of real estate - Limitation - When time begins to run - Commencement of proceedings
Status: in_force

28-01-42. Cancellation or enforcement of contract for sale of real estate - Limitation -

When time begins to run - Commencement of proceedings.

No action or proceeding may be maintained by a person out of possession to cancel or

enforce any contract for the sale or conveyance of real estate, after twenty years from the date

of said contract, as shown by the record of such instrument, or after twenty years from the date

of recording of any instrument which describes or refers to such contract, which itself is not of

record, unless the record of such contract or other instrument shows that less than ten years

have elapsed since the due date of the last payment on the indebtedness or part thereof,

secured thereby, or since the claim for relief has accrued thereon, or unless the record shows

an extension of the maturity of the instrument or of the debt or a part thereof, and that ten years

from the expiration of the time of such extension has not yet expired. The limitation of this

section may not be extended by the nonresidence of any plaintiff or defendant or of any vendor

or vendee, nor by reason of any payment made after the due date of the last payment on the

indebtedness or part thereof, nor by reason of any disability of any party interested in the

contract.
N.D. Cent. Code § 28-29-07.1 — ND Code / Title 28 / Chapter 28-29 / Section 28-29-07.1
28-29-07.1. Redemption of property after retaking under conditional sales contract - Notice
Status: repealed

28-29-07.1. Redemption of property after retaking under conditional sales contract -

Notice.

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 28-36-01 — ND Code / Title 28 / Chapter 28-36 / Section 28-36-01
28-36-01. Definitions
Status: in_force

28-36-01. Definitions

As used in this chapter:

1. "Litigation" means any civil or disciplinary action or proceeding, small claims action,

appeal from an administrative agency, review of a referee order by the district court, or

appeal to the supreme court. The term does not include criminal actions.

2. "Vexatious conduct" means conduct that:

a. Serves primarily to harass or maliciously injure another party in litigation;

b. Is not warranted under existing law and cannot be supported by a good-faith

argument for an extension, modification, or reversal of existing law;

c. Is imposed solely for delay;

d. Hinders the effective administration of justice;

e. Imposes an unacceptable burden on judicial personnel and resources; or

f. Impedes the normal and essential functioning of the judicial process.

3. "Vexatious litigant" means a litigant, either self-represented or represented by an

attorney, who:

a. Has commenced, prosecuted, or maintained at least two litigations involving

vexatious conduct, which were finally determined adversely to the litigant in the

past seven years;

b. After litigation has been finally determined, relitigates or attempts to relitigate:

(1) The validity of the determination against the same party as to whom the

litigation was finally determined; or

(2) The cause of action, claim, controversy, or any of the issues of fact or law,

determined or concluded by the final determination against the same party

as to whom the litigation was finally determined;

c. Repeatedly files unmeritorious motions, pleadings, or other papers, conducts

unnecessary discovery, or engages in any other tactics frivolous or intended to

cause unnecessary burden, expense, or delay; or

d. Has previously been declared a vexatious litigant by any state or federal court of

record in any action or proceeding.
N.D. Cent. Code § 28-27-36 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-36
28-27-36. Opinions of court to parties
Status: repealed

28-27-36. Opinions of court to parties

Repealed by S.L. 1947, ch. 236, § 2.
N.D. Cent. Code § 28-32-20 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-20
28-32-20. Notification of code and code supplement
Status: in_force

28-32-20. Notification of code and code supplement

1. The legislative council shall publish the code and code supplement on the legislative

branch website.

2. The secretary of state shall send electronic notification of quarterly updates to the

code without charge to the following:

a. Governor.

b. Attorney general.

c. Each supreme court justice.

d. Each district court judge.

e. Each county auditor of this state.

f. Supreme court library.

g. State library.

h. Law library of the university of North Dakota.

i. Each of the five depository libraries in this state.

j. Upon request, to any person requesting electronic notification of quarterly

updates to the code.

2. If applicable, the administrative code, revisions to the administrative code, and the

code supplement must be considered sixth-class printing under sections 46-02-04 and

46-02-09.
N.D. Cent. Code § 28-31-06 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-06
28-31-06. Application for original writs or orders
Status: in_force

28-31-06. Application for original writs or orders

An application for a writ or order of the supreme court, in the exercise of its original

jurisdiction, must be made by filing seven copies of the moving papers accompanied by a brief

upon the law, including citations of authorities.
N.D. Cent. Code § 28-21-12.1 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-12.1
28-21-12.1. Property delivery - Penalty
Status: in_force

28-21-12.1. Property delivery - Penalty

Any person who has received notice of levy in accordance with this chapter and fails to

surrender and deliver the property levied on under section 28-21-08 upon demand of the sheriff

is guilty of a class B misdemeanor and may be guilty of contempt of court.
N.D. Cent. Code § 28-21-03.1 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-03.1
28-21-03.1. General execution
Status: in_force

28-21-03.1. General execution

If the judgment requires the payment of money or the delivery of property, the judgment may

be enforced by execution.
N.D. Cent. Code § 28-14-21 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-21
28-14-21. Verdict prevented - New trial
Status: in_force

28-14-21. Verdict prevented - New trial

In all cases when the jurors are discharged or prevented from giving a verdict by reason of

accident or other cause during the progress of the trial or after the cause is submitted to them,

the action may be tried again immediately or at a future time as the court may direct.
N.D. Cent. Code § 28-01-03 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-03
28-01-03. Actions relating to real estate when state grant judicially declared void - Limitations
Status: in_force

28-01-03. Actions relating to real estate when state grant judicially declared void -

Limitations.

When a grant of real property has been issued or made by this state and the same is

declared void by the final judgment of a court of competent jurisdiction, an action for the

recovery of the premises so conveyed may be brought either by this state or by any subsequent

grantee of the premises, or the subsequent grantee's heirs or assigns, within twenty years after

the date on which such judgment was rendered, but not after that period.
N.D. Cent. Code § 28-32-41 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-41
28-32-41. Effectiveness of orders
Status: in_force

28-32-41. Effectiveness of orders

Unless a later date is stated in the order, a final order of an administrative agency is

effective immediately, but a party may not be required to comply with a final order unless it has

been served upon the party and notice is deemed given pursuant to section 28-32-39 or the

party has actual knowledge of the final order. A nonparty may not be required to comply with a

final order unless the agency has made the final order available for public inspection and

copying or the nonparty has actual knowledge of the final order. This section does not preclude

an agency from taking emergency action to protect the public health, safety, or welfare as

authorized by statute.
N.D. Cent. Code § 28-27-09 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-09
28-27-09. Appeal ineffectual without undertaking
Status: in_force

28-27-09. Appeal ineffectual without undertaking

Superseded by N.D.R.App.P., Rule 7.
N.D. Cent. Code § 28-27-34 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-34
28-27-34. Filing of briefs
Status: repealed

28-27-34. Filing of briefs

Repealed by S.L. 1947, ch. 236, § 2.
N.D. Cent. Code § 28-01-09 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-09
28-01-09. Acts constituting adverse possession based upon a written instrument
Status: in_force

28-01-09. Acts constituting adverse possession based upon a written instrument

For the purpose of constituting an adverse possession by any person claiming a title

founded upon a written instrument or upon a judgment or decree, land must be deemed to have

been so possessed and occupied in each of the following cases:

1. When it has been usually cultivated or improved;

2. When it has been protected by a substantial enclosure;

3. When, although not enclosed, it has been used for the supply of fuel or of fencing

timber for the purposes of husbandry, or the ordinary use of the occupant; or

4. When a known farm or a single lot has been partly improved, the portion of such farm

or lot that may have been left not cleared or not enclosed according to the usual

course and custom of the adjoining country, must be deemed to have been occupied

for the same length of time as the part improved and cultivated, but when the premises

consist of two or more contiguous lots, the possession of one lot may not be deemed a

possession of any other of such lots.
N.D. Cent. Code § 28-14-01 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-01
28-14-01. Jury ballots
Status: in_force

28-14-01. Jury ballots

At the opening of the court the clerk shall prepare separate ballots containing the names of

the persons returned as jurors, which must be folded as nearly alike as possible so that the

names cannot be seen, and shall deposit them in the trial jury box.
N.D. Cent. Code § 28-04-08 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-08
28-04-08. Effect and transfer of papers upon change of venue
Status: in_force

28-04-08. Effect and transfer of papers upon change of venue

When the place of trial is changed, all other proceedings must be had in the county to which

the place of trial is changed, unless otherwise provided by the consent of the parties in writing

duly filed, and the papers must be filed or transferred accordingly.
N.D. Cent. Code § 28-21-04.1 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-04.1
28-21-04.1. Self-execution judgments
Status: in_force

28-21-04.1. Self-execution judgments

If the judgment requires the performance of any act, obedience to that act may be enforced

by service of a certified copy of the judgment upon the party against whom it is given, or the

person who is required to obey the same. Refusal may be punished by contempt.
N.D. Cent. Code § 28-24-10 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-10
28-24-10. Notice of additional lien
Status: in_force

28-24-10. Notice of additional lien

If any taxes, assessments, insurance premiums, utility charges, or other items are paid by

the purchaser or by a redemptioner, or if the purchaser or redemptioner has or acquired any lien

other than that on which the sale or redemption was made, written notice of that item must be

given to the sheriff and if that notice is not given to the sheriff, the property may be redeemed

without paying the amount shown in the notice of additional lien.
N.D. Cent. Code § 28-14-17 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-17
28-14-17. What papers jurors may take
Status: in_force

28-14-17. What papers jurors may take

Upon retiring for deliberation, the jurors may take with them all papers which have been

received as evidence in the cause, except depositions or copies of such papers as ought not in

the opinion of the court to be taken from the person having them in possession, and they also

may take with them notes of the testimony or other proceedings on the trial taken by any juror,

but none taken by any other person.
N.D. Cent. Code § 28-22-16 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-16
28-22-16. Exemptions limited in certain cases
Status: in_force

28-22-16. Exemptions limited in certain cases

In addition to the absolute exemptions against process, on a judgment for forfeiture of an

undertaking or bond or of recognizance taken in criminal cases, there must be allowed as

exempt property, property of any kind to the value of five hundred dollars.
N.D. Cent. Code § 28-32-11 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-11
28-32-11. Conduct of hearings - Notice of administrative rules committee consideration - Consideration and written record of comments
Status: in_force

28-32-11. Conduct of hearings - Notice of administrative rules committee

consideration - Consideration and written record of comments.

The agency or commission shall adopt a procedure whereby all interested persons are

afforded reasonable opportunity to submit data, views, or arguments, orally or in writing,

concerning the proposed rule, including data respecting the impact of the proposed rule. The

agency or commission shall adopt a procedure to allow interested parties to request and receive

notice from the agency or commission of the date and place the rule will be reviewed by the

administrative rules committee. In case of substantive rules, the agency or commission shall

conduct an oral hearing. The agency or commission shall consider fully all written and oral

submissions respecting a proposed rule prior to the adoption, amendment, or repeal of any rule

not of an emergency nature. The agency or commission shall make a written record of its

consideration of all written and oral submissions contained in the rulemaking record respecting

a proposed rule.
N.D. Cent. Code § 28-05-02 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-02
28-05-02. Requisites of summons in actions in the district court
Status: in_force

28-05-02. Requisites of summons in actions in the district court

Superseded by N.D.R.Civ.P., Rule 4.
N.D. Cent. Code § 28-01-22.1 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-22.1
28-01-22.1. Actions against state - Limitation
Status: in_force

28-01-22.1. Actions against state - Limitation

1. When not otherwise specifically provided by law, an action against the state or its

employees and officials acting within the scope of their employment or office must be

commenced within three years after the claim for relief has accrued.

2. For purposes of this section, the claim for relief is deemed to have accrued at the time

it is discovered or might have been discovered in the exercise of reasonable diligence.

This may not be construed as a waiver of immunity.

3. Notwithstanding subsections 1 and 2, an action for relief that resulted from sexual

assault, sexual abuse, gross sexual imposition, or any other claim based on a sexual

act or sexual contact as defined in chapter 12.1-20 must be commenced:

a. Within nine years after the date the act occurred; or

b. Within twenty-one years after the date the act occurred, if the act occurred when

the plaintiff was under eighteen years of age.

4. If the plaintiff was under fifteen years of age when a claim for relief resulting from

sexual assault, sexual abuse, gross sexual imposition, or any other claim based on a

sexual act or sexual contact as defined in chapter 12.1-20 occurred, the applicable

twenty-one year period of limitation does not begin to run until the plaintiff has reached

fifteen years of age.
N.D. Cent. Code § 28-32-18 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-18
28-32-18. Administrative rules committee may void rule - Grounds - Amendment by agreement of agency and committee
Status: repealed

28-32-18. Administrative rules committee may void rule - Grounds - Amendment by

agreement of agency and committee.

1. The legislative management's administrative rules committee may find that all or any

portion of a rule is void if that rule is initially considered by the committee not later than

the fifteenth day of the month before the date of the administrative code supplement in

which the rule change is scheduled to appear. The administrative rules committee may

find a rule or portion of a rule void if the committee makes the specific finding that, with

regard to that rule or portion of a rule, there is:

a. An absence of statutory authority.

b. An emergency relating to public health, safety, or welfare.

c. A failure to comply with express legislative intent or to substantially meet the

procedural requirements of this chapter for adoption of the rule.

d. A conflict with state law.

e. Arbitrariness and capriciousness.

f. A failure to make a written record of its consideration of written and oral

submissions respecting the rule under section 28-32-11.

2. The administrative rules committee may find a rule void at the meeting at which the

rule is initially considered by the committee or may hold consideration of that rule for

one subsequent meeting. If no representative of the agency appears before the

administrative rules committee when rules are scheduled for committee consideration,

those rules are held over for consideration at the next subsequent committee meeting.

Rules are not considered initially considered by the committee under this subsection

until a representative of the agency appears before the administrative rules committee

when the rules are scheduled for committee consideration. If no representative of the

agency appears before the administrative rules committee meeting to which rules are

held over for consideration, the rules are void if the rules were adopted as emergency

rules and for rules not adopted as emergency rules the administrative rules committee

may void the rules, allow the rules to become effective, or hold over consideration of

the rules to the next subsequent committee meeting. Within three business days after

the administrative rules committee finds that a rule is void, the legislative council shall

provide written notice of that finding and the committee's specific finding under

subdivisions a through f of subsection 1 to the adopting agency and to the chairman of

the legislative management. Within fourteen days after receipt of the notice, the

adopting agency may file a petition with the chairman of the legislative management

for review by the legislative management of the decision of the administrative rules

committee. If the adopting agency does not file a petition for review, the rule becomes

void on the fifteenth day after the notice from the legislative council to the adopting

agency. If within sixty days after receipt of the petition from the adopting agency the

legislative management has not disapproved by motion the finding of the

administrative rules committee, the rule is void.

3. An agency may amend or repeal a rule or create a related rule if, after consideration of

rules by the administrative rules committee, the agency and committee agree that the

rule amendment, repeal, or creation is necessary to address any of the considerations

under subsection 1. A rule amended, repealed, or created under this subsection is not

subject to the other requirements of this chapter relating to adoption of administrative

rules and may be published by the legislative council as amended, repealed, or

created. If requested by the agency or any interested party, a rule amended, repealed,

or created under this subsection must be reconsidered by the administrative rules

committee at a subsequent meeting at which public comment on the agreed rule

change must be allowed.
N.D. Cent. Code § 28-14-05 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-05
28-14-05. Challenges - Classification - By whom - Number allowed
Status: in_force

28-14-05. Challenges - Classification - By whom - Number allowed

Superseded by N.D.R.Civ.P., Rule 47.
N.D. Cent. Code § 28-32-10 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-10
28-32-10. Notice of rulemaking - Hearing date
Status: in_force

28-32-10. Notice of rulemaking - Hearing date

1. An agency or the commission shall prepare a full notice and an abbreviated notice of

rulemaking.

a. The full notice of the proposed adoption, amendment, or repeal of a rule must

include a short, specific explanation of the proposed rule and the purpose of the

proposed rule, identify the emergency status and declared effective date of any

emergency rules, include a determination of whether the proposed rulemaking is

expected to have an impact on the regulated community in excess of fifty

thousand dollars, identify at least one location where interested persons may

review the text of the proposed rule, provide the address to which written

comments concerning the proposed rule may be sent, provide the deadline for

submission of written comments, provide a telephone number and post-office or

electronic mail address at which a copy of the rules and regulatory analysis may

be requested, and, in the case of a substantive rule, provide the time and place

set for each oral hearing. An agency's full notice must include a statement of the

bill number and general subject matter of any legislation, enacted during the most

recent session of the legislative assembly, which is being implemented by the

proposed rule. The commission's full notice must include a statement of the

provision of the Constitution of North Dakota or the bill number and general

subject matter of any legislation that is being implemented by the proposed rule.

The full notice must be filed with the legislative council, accompanied by a copy of

the proposed rules.

b. The agency or commission shall request publication of an abbreviated newspaper

publication notice at least once in each official county newspaper published in this

state, which must:

(1) Be in a display-type format with a minimum width of one column of

approximately two inches [5.08 centimeters] and a minimum depth of

approximately three inches [7.62 centimeters] and with a headline

describing the general topic of the proposed rules.

(2) Include the telephone number or address to use to obtain a copy of the

proposed rules, identification of the emergency status and declared effective

date of any emergency rules, the address to use and the deadline to submit

written comments, the location, date, and time of the public hearing on the

rules, and a short description of the general subject matter of the proposed

rules submission. The notice also may include a quick response code

providing access to the full notice or additional information related to the

proposed rules at the discretion of the agency or commission.

2. The agency or commission shall mail or deliver by electronic mail a copy of the full

notice and proposed rule to each member of the legislative assembly whose name

appeared as a sponsor or cosponsor of legislation, enacted during the most recent

session of the legislative assembly, which is being implemented by the proposed rule

and to each person who has made a timely request to the agency or commission for a

copy of the notice and proposed rule. The agency or commission may mail or

otherwise provide a copy of the full notice to any person who is likely to be an

interested person. The agency or commission may charge persons who are not

members of the legislative assembly fees for copies of the proposed rule as allowed

under section 44-04-18.

3. In addition to the other notice requirements of this subsection, the superintendent of

public instruction shall provide notice of any proposed rulemaking by the

superintendent of public instruction to each association with statewide membership

whose primary focus is elementary and secondary education issues which has

requested to receive notice from the superintendent under this subsection and to the

superintendent of each public school district in this state, or the president of the school

board for school districts that have no superintendent, at least twenty days before the

date of the hearing described in the notice. Notice provided by the superintendent of

public instruction under this section must be by first-class mail. However, upon request

of a group or person entitled to notice under this section, the superintendent of public

instruction shall provide the group or person notice by electronic mail.

4. The legislative council shall establish standard procedures for the commission and all

agencies to follow in complying with the provisions of this section and a procedure to

allow any person to request and receive mailed copies of all filings made by agencies

and the commission pursuant to this section. The legislative council may charge an

annual fee as established by the administrative rules committee for providing copies of

the filings.

5. At least twenty days must elapse between the date of the publication of the notice and

the date of the hearing. Within fifteen business days after receipt of a notice under this

section, a copy of the notice must be mailed by the legislative council to any person

who has paid the annual fee established under subsection 4.
N.D. Cent. Code § 28-22-18 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-18
28-22-18. Wages - Exemption restricted
Status: in_force

28-22-18. Wages - Exemption restricted

The wages of a debtor are exempt from all process or levy only to the extent provided in

section 32-09.1-03.
N.D. Cent. Code § 28-21-22 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-22
28-21-22. Procedure against officer
Status: repealed

28-21-22. Procedure against officer

Repealed by S.L. 1993, ch. 103, § 8.
N.D. Cent. Code § 28-01-08 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-08
28-01-08. Adverse possession when based upon written instrument
Status: in_force

28-01-08. Adverse possession when based upon written instrument

Whenever it appears that the occupant, or those under whom the occupant claims, entered

into the possession of premises under a claim of title exclusive of any other right, founding such

claim upon a written instrument as being a conveyance of the premises in question, or upon the

decree or judgment of a competent court, and that there has been a continued occupation and

possession of the premises included in such instrument, decree or judgment, or of some part of

such premises, under such claim for twenty years, the premises so included must be deemed to

have been held adversely.
N.D. Cent. Code § 28-27-16 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-16
28-27-16. Undertaking to stay other executions
Status: in_force

28-27-16. Undertaking to stay other executions

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-32-02 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-02
28-32-02. Rulemaking power of agency - Organizational rule
Status: in_force

28-32-02. Rulemaking power of agency - Organizational rule

1. The authority of an administrative agency to adopt administrative rules is authority

delegated by the legislative assembly. As part of that delegation, the legislative

assembly reserves to itself the authority to determine when and if rules of

administrative agencies are effective. Every administrative agency may adopt, amend,

or repeal reasonable rules in conformity with this chapter and any statute administered

or enforced by the agency. An administrative agency may not adopt a rule that

prescribes a criminal penalty unless authorized by another chapter.

2. In addition to other rulemaking requirements imposed by law, each agency may

include in its rules a description of that portion of its organization and functions subject

to this chapter and may include a statement of the general course and method of its

operations and how the public may obtain information or make submissions or

requests.
N.D. Cent. Code § 28-35-13 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-13
28-35-13. (208) Notice of proceeding
Status: in_force

28-35-13. (208) Notice of proceeding

If a petition for the appointment of a guardian or issuance of a protective order is brought in

this state and this state was not the respondent's home state on the date the petition was filed,

in addition to complying with the notice requirements of this state, notice of the petition must be

given to those persons who would be entitled to notice of the petition if a proceeding were

brought in the respondent's home state. The notice must be given in the same manner as notice

is required to be given in this state.
N.D. Cent. Code § 28-27-33.1 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-33.1
28-27-33.1. Supreme court to establish rules regarding briefs
Status: in_force

28-27-33.1. Supreme court to establish rules regarding briefs

The supreme court of North Dakota is hereby empowered to promulgate rules pertaining to

the forms and contents of briefs in cases and proceedings in the supreme court.
N.D. Cent. Code § 28-25-12 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-12
28-25-12. Receiver appointed - Transfers enjoined
Status: in_force

28-25-12. Receiver appointed - Transfers enjoined

The judge by order also may appoint a receiver of the property of the judgment debtor in the

same manner and with like authority as if the appointment were made by the court according to

section 32-10-01. Before the appointment of such receiver, the judge shall ascertain, if

practicable, by oath of the party or otherwise, whether any other supplementary proceedings are

pending against the judgment debtor and, if such proceedings are so pending, the plaintiff

therein shall have notice to appear before the judge and likewise shall have notice of all

subsequent proceedings in relation to such receivership. No more than one receiver of the

property of a judgment debtor may be appointed. The judge by order also may forbid a transfer

or other disposition of the property of the judgment debtor not exempt from execution and any

interference therewith.
N.D. Cent. Code § 28-27-03 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-03
28-27-03. Appellant and respondent defined - Title to action on appeal unchanged
Status: in_force

28-27-03. Appellant and respondent defined - Title to action on appeal unchanged

Superseded by N.D.R.App.P., Rule 1.
N.D. Cent. Code § 28-01-01 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-01
28-01-01. Actions relating to real estate brought by state of North Dakota - Limitations
Status: in_force

28-01-01. Actions relating to real estate brought by state of North Dakota -

Limitations.

The state of North Dakota will not sue any person for or in respect to any real property or

the issues or profits thereof by reason of the right or title of the state to the same, unless:

1. Such right or title has accrued within forty years before any action or other proceeding

for the same shall be commenced; or

2. The state or those from whom it claims have received the rents and profits of such real

property or of some part thereof within the space of forty years.
N.D. Cent. Code § 28-01.2-05 — ND Code / Title 28 / Chapter 28-01.2 / Section 28-01.2-05
28-01.2-05. Existing and future claims
Status: in_force

28-01.2-05. Existing and future claims

This chapter applies to claims:

1. Accruing after June 30, 1985; or

2. Asserted in a civil action or proceeding more than one year after June 30, 1985, but it

does not revive a claim barred before July 1, 1985.
N.D. Cent. Code § 28-20-10 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-10
28-20-10. Judgment book
Status: repealed

28-20-10. Judgment book

Repealed by S.L. 1985, ch. 337, § 25.
N.D. Cent. Code § 28-03-01 — ND Code / Title 28 / Chapter 28-03 / Section 28-03-01
28-03-01. Appointment of guardian ad litem for infant plaintiff
Status: in_force

28-03-01. Appointment of guardian ad litem for infant plaintiff

When an infant is plaintiff, a guardian ad litem may be appointed upon the application of the

infant if the infant is at least fourteen years of age. If the infant is under that age, the application

may be made by the infant's guardian or conservator, if the infant has one, or by a relative or

friend of the infant. If the application is made by a relative or friend, notice thereof must be given

to the guardian or conservator, if there is one, and if not, then to the person with whom the infant

resides.
N.D. Cent. Code § 28-01-23 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-23
28-01-23. Limitations in chapter applicable to state
Status: in_force

28-01-23. Limitations in chapter applicable to state

The limitations prescribed in this chapter apply to actions brought in the name of the state,

or for its benefit, in the same manner as to actions by private parties.
N.D. Cent. Code § 28-33-08 — ND Code / Title 28 / Chapter 28-33 / Section 28-33-08
28-33-08. Coordination of interpreter requests
Status: in_force

28-33-08. Coordination of interpreter requests

1. Whenever an appointing authority receives a valid request for the services of an

interpreter or on the appointing authority's own motion, the authority shall request the

superintendent of the school for the deaf to furnish the authority with a list of sources

of qualified interpreters at the time and place specified by the authority.

2. When requested by an appointing authority to provide assistance in providing an

interpreter, the national registry of interpreters for the deaf or the North Dakota

association of the deaf or the superintendent of the North Dakota school for the deaf

shall supply a list of sources and do everything necessary to assist the appointing

authority in obtaining a qualified interpreter; providing, however, if the choice of

qualified interpreter does not meet the needs of the deaf person, the appointing

authority shall appoint another qualified interpreter.
N.D. Cent. Code § 28-27-37 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-37
28-27-37. Affirmance or dismissal upon default
Status: repealed

28-27-37. Affirmance or dismissal upon default

Repealed by S.L. 1947, ch. 236, § 2.
N.D. Cent. Code § 28-01-25.1 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-25.1
28-01-25.1. Limitation on actions alleging childhood sexual abuse
Status: in_force

28-01-25.1. Limitation on actions alleging childhood sexual abuse

1. Notwithstanding section 28-01-25, a claim for relief resulting from childhood sexual

abuse must be commenced within twenty-one years after the potential claim resulting

from alleged childhood sexual abuse accrued.

2. If the plaintiff was under fifteen years of age when the act resulting in a potential claim

for childhood sexual abuse occurred, the applicable twenty-one year period of

limitation does not begin to run until the plaintiff has reached fifteen years of age.

3. For purposes of this section, "childhood sexual abuse" means any act committed by

the defendant against the plaintiff which occurred when the plaintiff was under

eighteen years of age and which would have been a violation of chapter 12.1-20 or

12.1-27.2.

4. In a claim for relief under this section, the plaintiff is not required to establish which act

in a continuous series of sexual abuse acts by the defendant caused the injury.
N.D. Cent. Code § 28-27-13 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-13
28-27-13. To stay execution of conveyance
Status: in_force

28-27-13. To stay execution of conveyance

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-01-40 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-40
28-01-40. Reports of loss through pesticide application required
Status: repealed

28-01-40. Reports of loss through pesticide application required

Repealed by S.L. 1985, ch. 103, § 10.
N.D. Cent. Code § 28-27-11 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-11
28-27-11. Execution not stayed without undertaking
Status: in_force

28-27-11. Execution not stayed without undertaking

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-01-39 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-39
28-01-39. Defense of limitations to be taken by answer
Status: in_force

28-01-39. Defense of limitations to be taken by answer

The objection that an action was not commenced within the time limited by law can only be

taken by answer.
N.D. Cent. Code § 28-27-02 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-02
28-27-02. What orders reviewable
Status: in_force

28-27-02. What orders reviewable

The following orders when made by the court may be carried to the supreme court:

1. An order affecting a substantial right made in any action, when such order in effect

determines the action and prevents a judgment from which an appeal might be taken;

2. A final order affecting a substantial right made in special proceedings or upon a

summary application in an action after judgment;

3. An order which grants, refuses, continues, or modifies a provisional remedy, or grants,

refuses, modifies, or dissolves an injunction or refuses to modify or dissolve an

injunction, whether such injunction was issued in an action or special proceeding or

pursuant to the provisions of section 35-22-04, or which sets aside or dismisses a writ

of attachment for irregularity;

4. An order which grants or refuses a new trial or which sustains a demurrer;

5. An order which involves the merits of an action or some part thereof;

6. An order for judgment on application therefor on account of the frivolousness of a

demurrer, answer, or reply; or

7. An order made by the district court or judge thereof without notice is not appealable,

but an order made by the district court after a hearing is had upon notice which

vacates or refuses to set aside an order previously made without notice may be

appealed to the supreme court when by the provisions of this chapter an appeal might

have been taken from such order so made without notice, had the same been made

upon notice.
N.D. Cent. Code § 28-32-08 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-08
28-32-08. Regulatory analysis
Status: in_force

28-32-08. Regulatory analysis

1. An agency or the commission shall issue a regulatory analysis of a proposed rule if:

a. Within twenty days after the last published notice date of a proposed rule hearing,

a written request for the analysis is filed by the governor or a member of the

legislative assembly; or

b. The proposed rule is expected to have an impact on the regulated community in

excess of fifty thousand dollars. The analysis under this subdivision must be

available on or before the first date of public notice as provided for in section

28-32-10.

2. The regulatory analysis must contain:

a. A description of the classes of persons who probably will be affected by the

proposed rule, including classes that will bear the costs of the proposed rule and

classes that will benefit from the proposed rule;

b. A description of the probable impact, including economic impact, of the proposed

rule;

c. The probable costs to the agency or commission of the implementation and

enforcement of the proposed rule and any anticipated effect on state revenues;

and

d. A description of any alternative methods for achieving the purpose of the

proposed rule that were seriously considered by the agency or commission and

the reasons why the methods were rejected in favor of the proposed rule.

3. Each regulatory analysis must include quantification of the data to the extent

practicable.

4. The agency or commission shall mail or deliver a copy of the regulatory analysis to

any person who requests a copy of the regulatory analysis. The agency or commission

may charge a fee for a copy of the regulatory analysis as allowed under section

44-04-18.

5. If required under subsection 1, the preparation and issuance of a regulatory analysis is

a mandatory duty of the agency or commission proposing a rule. Errors in a regulatory

analysis, including erroneous determinations concerning the impact of the proposed

rule on the regulated community, are not a ground upon which the invalidity of a rule

may be asserted or declared.
N.D. Cent. Code § 28-27-18 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-18
28-27-18. Undertaking on orders as to provisional remedies
Status: in_force

28-27-18. Undertaking on orders as to provisional remedies

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-04-07 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-07
28-04-07. Court may change venue - Cases
Status: in_force

28-04-07. Court may change venue - Cases

The court may change the place of trial in the following cases:

1. When the county designated for that purpose in the complaint is not the proper county.

2. When there is reason to believe that an impartial trial cannot be had therein.

3. When the convenience of witnesses and the ends of justice would be promoted by the

change.

4. When upon the call of the calendar at any regular or special term there appears to be

an insufficient number of jury cases for trial to warrant the expense of a jury, the court,

on application of any party to such an action, or on its own motion, taking into

consideration the convenience of witnesses and the promotion of justice, may order

the transfer of such jury cases as are on the calendar to any county within the judicial

district where a jury session of court will be held in the immediate future, so that a

prompt trial of such cases may be had.
N.D. Cent. Code § 28-34-01 — ND Code / Title 28 / Chapter 28-34 / Section 28-34-01
28-34-01. Appeals from local governing bodies - Procedures
Status: in_force

28-34-01. Appeals from local governing bodies - Procedures

This section, to the extent that it is not inconsistent with procedural rules adopted by the

North Dakota supreme court, governs any appeal provided by statute from the decision of a

local governing body, except those court reviews provided under sections 2-04-11 and
N.D. Cent. Code § 28-20-14 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-14
28-20-14. Release of judgment lien on appeal
Status: in_force

28-20-14. Release of judgment lien on appeal

Whenever an appeal from any judgment is pending and the undertaking requisite to stay

execution on such judgment has been given and the appeal perfected as provided in this title,

the court in which such judgment was recovered, on motion after notice to the person owning

the judgment, may direct the clerk to make an entry on the judgment docket that the judgment is

secured on appeal, and thereupon it, during the pendency of the appeal, ceases to be a lien on

the real property of the judgment debtor as against purchasers and mortgagees in good faith

and for value.
N.D. Cent. Code § 28-26-15 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-15
28-26-15. Notice of retaxation - Procedure
Status: in_force

28-26-15. Notice of retaxation - Procedure

Superseded by N.D.R.Civ.P., Rule 54.
N.D. Cent. Code § 28-23-01 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-01
28-23-01. Sale of personal property - Notice of sale
Status: in_force

28-23-01. Sale of personal property - Notice of sale

The officer who levies upon personal property, other than crops or perishable property, shall

give public notice of the time and place of the sale by advertisement published once each week

for two successive weeks next before the day of sale in the county's official newspaper.
N.D. Cent. Code § 28-01.3-02 — ND Code / Title 28 / Chapter 28-01.3 / Section 28-01.3-02
28-01.3-02. Limitation on ad damnum clause
Status: in_force

28-01.3-02. Limitation on ad damnum clause

If a complaint filed in a products liability action prays for a recovery of money in an amount

equal to or less than fifty thousand dollars, the amount must be stated. If a recovery of money in

an amount greater than fifty thousand dollars is demanded, the pleading must state merely that

recovery of reasonable damages in an amount greater than fifty thousand dollars is demanded.

This action may be superseded by an amendment to the North Dakota Rules of Civil Procedure.
N.D. Cent. Code § 28-26-13 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-13
28-26-13. Interest on verdict
Status: in_force

28-26-13. Interest on verdict

When the judgment is for the recovery of money, interest, from the time of the verdict or

report of a referee until judgment finally is entered, must be computed by the clerk and added to

the costs of the party entitled thereto.
N.D. Cent. Code § 28-01-37 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-37
28-01-37. When claim for relief upon open account accrues
Status: in_force

28-01-37. When claim for relief upon open account accrues

In an action brought to recover a balance due upon a mutual open, and current account,

when there have been reciprocal demands between the parties, the claim for relief is deemed to

have accrued from the time of the last item proved in the account on either side.
N.D. Cent. Code § 28-14-23 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-23
28-14-23. How verdict received - Polling jurors
Status: in_force

28-14-23. How verdict received - Polling jurors

When the jurors have agreed upon a verdict, the members thereof must be conducted into

court, their names called by the clerk, and the verdict rendered by the foreman. The verdict

must be in writing signed by the foreman and must be read by the clerk to the jurors and inquiry

made whether it is their verdict. If any juror disagrees, all jurors must be sent out again, but if no

disagreement is expressed and neither party requires the jurors to be polled, the verdict is

complete and the jury must be discharged from the case. Either party may require the jurors to

be polled, which is done by the court or clerk asking each juror if it is that juror's verdict. If any

one answers in the negative, the jurors again must be sent out.
N.D. Cent. Code § 28-20-28 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-28
28-20-28. Satisfaction of judgment when creditor cannot be found or satisfaction is refused
Status: in_force

28-20-28. Satisfaction of judgment when creditor cannot be found or satisfaction is

refused.

Superseded by N.D.R.Ct. 7.1.
N.D. Cent. Code § 28-32-21 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-21
28-32-21. Adjudicative proceedings - Procedures
Status: in_force

28-32-21. Adjudicative proceedings - Procedures

Administrative agencies shall comply with the following procedures in all adjudicative

proceedings:

1. a. For adjudicative proceedings involving a hearing on a complaint against a

specific-named respondent, a complainant shall prepare and file a clear and

concise complaint with the agency having subject matter jurisdiction of the

proceeding. The complaint shall contain a concise statement of the claims or

charges upon which the complainant relies, including reference to the statute or

rule alleged to be violated, and the relief sought.

b. After a complaint is filed, the appropriate administrative agency shall serve a copy

of the complaint upon the respondent in the manner allowed for the service of

process under the North Dakota Rules of Civil Procedure at least forty-five days

before the hearing on the complaint.

c. The administrative agency shall designate the time and place for the hearing and

shall serve a copy of the notice of hearing upon the respondent in the manner

allowed for service under the North Dakota Rules of Civil Procedure, at least

twenty days before the hearing on the complaint. Service of the notice of hearing

may be waived in writing by the respondent, or the parties may agree on a

definite time and place for hearing with the consent of the agency having

jurisdiction.

d. A complaint may be served less than forty-five days before the time specified for

a hearing on the complaint and a notice of hearing on a complaint may be served

less than twenty days before the time specified for hearing if otherwise authorized

by statute. However, an administrative hearing regarding the renewal,

suspension, or revocation of a license may not be held fewer than ten days after

the licensee has been served, personally or by certified mail, with a copy of a

notice for hearing with an affidavit, complaint, specification of issues, or other

document alleging violations upon which the license hearing is based.

e. A complaint may inform the respondent that an answer to the complaint must be

served upon the complainant and the agency with which the complaint is filed

within twenty days after service of the complaint, or the agency may deem the

complaint to be admitted. If the respondent fails to answer as required within

twenty days after service of the complaint, the agency may enter an order in

default as the facts and law may warrant. Answers must be served in the manner

allowed for service under the North Dakota Rules of Civil Procedure.

f. Service is complete upon compliance with the provisions of the North Dakota

Rules of Civil Procedure. Proof of service may be made as provided in the North

Dakota Rules of Civil Procedure.

g. A respondent may be given less than twenty days to answer the complaint,

pursuant to another statute, but no respondent may be required to answer a

complaint in less than five days and an answer must be served on the

complainant and the agency with which the complaint is filed at least two days

before the hearing on the complaint.

h. Amended and supplemental pleadings may be served and filed with the agency

in the manner allowed for amended and supplemental pleadings under the North

Dakota Rules of Civil Procedure.

2. At any hearing in an adjudicative proceeding, the parties shall be afforded opportunity

to present evidence and to examine and cross-examine witnesses as is permitted

under sections 28-32-24 and 28-32-35.

3. a. If the adjudicative proceeding does not involve a hearing on a complaint against a

specific-named respondent, the provisions of subsection 1 do not apply. Unless

otherwise provided by law, the provisions of subdivisions b through d apply.

b. The administrative agency shall designate the time and place for the hearing and

shall serve a copy of the notice of hearing upon all the parties in the manner

allowed for service under the North Dakota Rules of Civil Procedure at least

twenty days before the hearing. Service of the notice of hearing may be waived in

writing by the parties, or the parties may agree on a definite time and place for

the hearing with the consent of the agency having jurisdiction.

c. A hearing under this subsection may not be held unless the parties have been

properly served with a copy of the notice of hearing as well as a written

specification of issues for hearing or other document indicating the issues to be

considered and determined at the hearing. In lieu of, or in addition to, a

specification of issues or other document, an explanation about the nature of the

hearing and the issues to be considered and determined at the hearing may be

contained in the notice.

d. Service is complete upon compliance with the provisions of the North Dakota

Rules of Civil Procedure. Proof of service may be made as provided in the North

Dakota Rules of Civil Procedure.
N.D. Cent. Code § 28-04.1-02 — ND Code / Title 28 / Chapter 28-04.1 / Section 28-04.1-02
28-04.1-02. Action in this state by agreement
Status: in_force

28-04.1-02. Action in this state by agreement

1. If the parties have agreed in writing that an action on a controversy may be brought in

this state and the agreement provides the only basis for the exercise of jurisdiction, a

court of this state will entertain the action if:

a. The court has power under the law of this state to entertain the action;

b. This state is a reasonably convenient place for the trial of the action;

c. The agreement as to the place of the action was not obtained by

misrepresentation, duress, the abuse of economic power, or other

unconscionable means; and

d. The defendant, if within the state, was served as required by law of this state in

the case of persons within the state or, if without the state, was served either

personally or by registered or certified mail directed to the defendant's last-known

address.

2. This section does not apply to cognovit clauses, to arbitration clauses, or to the

appointment of an agent for the service of process pursuant to statute, rule, or court

order.
N.D. Cent. Code § 28-01-12 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-12
28-01-12. When possession of tenant presumed to be possession of landlord
Status: in_force

28-01-12. When possession of tenant presumed to be possession of landlord

Whenever the relation of landlord and tenant has existed, the possession of the tenant must

be deemed the possession of the landlord, until the expiration of twenty years from the

termination of the tenancy, or, when there has been no written lease, until the expiration of

twenty years from the time of the last payment of rent, notwithstanding that such tenant may

have acquired another title or may have claimed to hold adversely to the tenant's landlord. Such

presumptions may not be made after the periods herein limited.
N.D. Cent. Code § 28-04-09 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-09
28-04-09. Change of place of pretrial proceedings - Expenses
Status: in_force

28-04-09. Change of place of pretrial proceedings - Expenses

Notwithstanding any other provision of law, in any pretrial hearing or proceeding, except a

hearing for a motion to suppress evidence, the court may change the place of the hearing or

proceeding from the location in which the matter was originally to be heard.
N.D. Cent. Code § 28-01-25.2 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-25.2
28-01-25.2. Limitation on claims for sexual assault
Status: in_force

28-01-25.2. Limitation on claims for sexual assault

A claim for relief that resulted from sexual assault, sexual abuse, gross sexual imposition, or

any other claim based on a sexual act or sexual contact as defined in chapter 12.1-20 must be

commenced within nine years after the date of the act.
N.D. Cent. Code § 28-23-13 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-13
28-23-13. Proceedings upon confirmation
Status: in_force

28-23-13. Proceedings upon confirmation

If the court, upon the return of any execution for the satisfaction of which any real property

or interest in real property has been sold, after having carefully examined the proceedings of the

officer is satisfied that the sale has been made in all respects in conformity to the provisions of

this chapter, the court shall make an order confirming the sale and directing the clerk to make

an entry on the journal that the court is satisfied of the legality of the sale and an order that the

officer make to the purchaser a deed of the real property or interest in the real property at the

expiration of the redemption period unless the property is redeemed. The officer may retain the

purchase money until the court confirms the sale, then the officer shall pay the money to the

person entitled to the money by order of the court.
N.D. Cent. Code § 28-21-06 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-06
28-21-06. Issuance and contents of execution
Status: in_force

28-21-06. Issuance and contents of execution

An execution must be issued in the name of the state of North Dakota, attested in the name

of the judge of the court that entered the judgment, sealed with the seal of the court, subscribed

by the clerk of that court, and directed and delivered to a sheriff. The execution must describe

the judgment, stating the date and time the judgment was filed with the clerk, the courts and

counties to which the judgment has been transcribed, the names of the parties, and the

last-known address of the judgment debtor. A special execution must state the amount of money

due to the judgment creditor, the date and time the judgment was docketed by the clerk, the rate

of interest applicable to the judgment, the amount of the costs accrued on the judgment as of

the date of issuance of the execution, and if the execution is being issued to a sheriff of a

different county, the date and time the judgment was docketed in that county. If the execution is

for the delivery of the possession of property, the execution must also particularly describe the

property to be delivered, identify the party entitled to possession of the property, and if the same

judgment orders the judgment debtor to pay any costs, damages, or rents or profits to the party

entitled to possession of the property, list the amounts due as of the date of issuance of the

execution. Upon receipt of an execution, the sheriff shall:

1. Satisfy the judgment with interest and accruing costs, which include sheriff and county

costs, out of the personal property of the judgment debtor, and if sufficient personal

property cannot be found, out of the real property belonging to the debtor on the date

when the judgment was docketed in the county or at any time after that date. If

property of the debtor is in the hands of a personal representative, heir, devisee,

legatee, tenant of real property, or trustee, the sheriff may satisfy the judgment out of

that property; or

2. If the execution is for the delivery of the possession of property, deliver the property to

the party entitled to the property and satisfy any costs, damages, or rents or profits

recovered by the same judgment out of the personal property of the judgment debtor

and if sufficient personal property cannot be found, out of the real property of the

judgment debtor on the date when the judgment was docketed in the county or at any

time after that date. If the property cannot be delivered, the sheriff may satisfy the

judgment in the amount of the value of the property out of the real and personal

property of the judgment debtor as if an execution had been issued.
N.D. Cent. Code § 28-32-45 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-45
28-32-45. Consideration of additional or excluded evidence
Status: in_force

28-32-45. Consideration of additional or excluded evidence

If an application for leave to offer additional testimony, written statements, documents,

exhibits, or other evidence is made to the court in which an appeal from a determination of an

administrative agency is pending, and it is shown to the satisfaction of the court that the

additional evidence is relevant and material and that there were reasonable grounds for the

failure to offer the evidence in the hearing or proceeding, or that the evidence is relevant and

material to the issues involved and was rejected or excluded by the agency, the court may order

that the additional evidence be taken, heard, and considered by the agency on terms and

conditions as the court may deem proper. After considering the additional evidence, the

administrative agency may amend or reject its findings of fact, conclusions of law, and order and

shall file with the court a transcript of the additional evidence with its new or amended findings

of fact, conclusions of law, and order, if any, which constitute a part of the record with the court.
N.D. Cent. Code § 28-26-07 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-07
28-26-07. When costs allowed to plaintiff
Status: in_force

28-26-07. When costs allowed to plaintiff

Costs must be allowed of course to the plaintiff upon a recovery in the following cases:

1. In an action for the recovery of real property or when a claim of title to real property

arises on the pleadings or is certified by the court to have come in question at the trial.

2. In an action to recover the possession of personal property.
N.D. Cent. Code § 28-06.2-01 — ND Code / Title 28 / Chapter 28-06.2 / Section 28-06.2-01
28-06.2-01. Process served upon the United States - Persons designated to receive summons and complaint
Status: in_force

28-06.2-01. Process served upon the United States - Persons designated to receive

summons and complaint.

Service must be made upon the United States by any person authorized to make service

under state law or the rules of civil procedure by delivering a copy of the summons and of the

complaint to the United States attorney for the federal judicial district in which the action is

brought, or to an assistant United States attorney in that district, or to a clerical employee

designated by the United States attorney, and by sending a copy of the summons and of the

complaint by certified mail to the attorney general of the United States, at Washington, District of

Columbia, and in any action attacking the validity of an order of an officer or agency of the

United States not made a party, by also sending a copy of the summons and of the complaint by

certified mail to such officer or agency.
N.D. Cent. Code § 28-23-07 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-07
28-23-07. Time and manner of sale
Status: in_force

28-23-07. Time and manner of sale

All sales of property under execution must be made at public auction to the highest bidder,

between the hours of nine a.m. and four p.m. After sufficient property has been sold to satisfy

the execution, no more property may be sold. A sheriff or other officer or the sheriff's or officer's

deputy holding the execution or making the sale of property may not become a purchaser or be

interested directly or indirectly in any purchase at the sale. A purchase so made must be

considered fraudulent and void. If the sale is of personal property capable of manual delivery, it

must be within view of those who attend the sale and must be sold in parcels as are likely to

bring the highest price, and when the sale is of real property consisting of several known lots or

parcels they must be sold separately unless they constitute one parcel on which improvements

have been constructed. The judgment debtor, if present at the sale, may direct the order in

which property must be sold if the property consists of several known lots or parcels or of

articles which can be sold to advantage separately. The sheriff or other officer shall follow these

directions.
N.D. Cent. Code § 28-20.1-07 — ND Code / Title 28 / Chapter 28-20.1 / Section 28-20.1-07
28-20.1-07. Uniformity of interpretation
Status: repealed

28-20.1-07. Uniformity of interpretation

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 28-23-04 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-04
28-23-04. Sale of real property - Notice of sale - Contents
Status: in_force

28-23-04. Sale of real property - Notice of sale - Contents

1. Before any real property or interest in real property taken on execution may be sold,

the officer making the sale shall give public notice of the time and place of the sale by

advertisement in the county's official newspaper once a week for three successive

weeks, the last publication to be at least ten days before the making of the sale.

2. Except for parties who have an ownership interest in the real property, the names of all

defendants may be omitted from the public notice. If the names of the nonowner

defendants are omitted, a copy of the public notice must be mailed to all defendants

whose names are omitted at least ten days before the date of the sale. Service by mail

is complete upon mailing. All sales made without notice as provided in this section

must be set aside by the court to which the execution is returnable, upon motion to

confirm the sale.
N.D. Cent. Code § 28-25-08 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-08
28-25-08. Proceedings applicable to joint debtors
Status: in_force

28-25-08. Proceedings applicable to joint debtors

The proceedings mentioned in this chapter may be taken upon the return of an execution

unsatisfied, issued upon a judgment recovered in an action against joint debtors, in which some

of the defendants have not been served with the summons by which said action was

commenced, so far as relates to the joint property of such debtors, and all actions by creditors

to obtain satisfaction of judgments out of the property of joint debtors are maintainable in like

manner and to the same effect.
N.D. Cent. Code § 28-32-16 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-16
28-32-16. Petition for reconsideration of rule - Hearing
Status: in_force

28-32-16. Petition for reconsideration of rule - Hearing

Any person substantially interested in the effect of a rule adopted by an administrative

agency or the commission may petition the agency or commission for a reconsideration of the

rule or for an amendment or repeal of the rule. The petition must state clearly and concisely the

petitioners' alleged grounds for reconsideration or the proposed repeal or amendment of the

rule. The agency or commission may grant the petitioner a public hearing on the terms and

conditions the agency prescribes.
N.D. Cent. Code § 28-22-12 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-12
28-22-12. Sheriff's inventory of exemptions
Status: in_force

28-22-12. Sheriff's inventory of exemptions

The sheriff or other officer having any process of levy or sale shall make return with the

sheriff's or officer's writ or warrant of any inventory and appraisement of any personal property

claimed as exempt.
N.D. Cent. Code § 28-20-19 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-19
28-20-19. Docketing of county court judgments - Effect
Status: repealed

28-20-19. Docketing of county court judgments - Effect

Repealed by S.L. 1985, ch. 337, § 25.
N.D. Cent. Code § 28-32-06 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-06
28-32-06. Force and effect of rules
Status: repealed

28-32-06. Force and effect of rules

Upon becoming effective, rules have the force and effect of law until amended or repealed

by the agency or commission, declared invalid by a final court decision, suspended or found to

be void by the administrative rules committee, or determined repealed by the legislative council

because the authority for adoption of the rules is repealed or transferred to another agency.
N.D. Cent. Code § 28-26-16 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-16
28-26-16. Taxation reviewed on motion
Status: in_force

28-26-16. Taxation reviewed on motion

A taxation or a retaxation of costs may be reviewed by the court upon motion. The order

made upon such motion may allow or disallow any item objected to before the taxing officer, in

which case it has the effect of a new taxation.
N.D. Cent. Code § 28-33-01 — ND Code / Title 28 / Chapter 28-33 / Section 28-33-01
28-33-01. Definitions
Status: in_force

28-33-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Appointing authority" means the presiding judge of any court, the chairman of any

board, commission, or authority, and the director or commissioner of any department

or agency before which a qualified interpreter is required pursuant to this chapter.

2. "Deaf person" means any person whose hearing is totally impaired or whose hearing

is so seriously impaired as to prohibit the person from understanding voice

communication, or the English language including, but not limited to, a person who is

deaf, mute, deaf-mute, or deaf-blind.

3. "Principal party in interest" means a person in any proceeding in which that person is a

named party or a person with respect to whom the decision or action which may be

taken in any proceeding directly affects.

4. "Qualified interpreter" means an interpreter certified by the national registry of

interpreters for the deaf or North Dakota association for the deaf, or an interpreter who

has been approved by the superintendent of the school for the deaf, or, in the event

such an interpreter is not available, any other interpreter whose actual qualifications

have otherwise been appropriately determined.
N.D. Cent. Code § 28-27-12 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-12
28-27-12. Undertaking to stay execution for delivery of personalty
Status: in_force

28-27-12. Undertaking to stay execution for delivery of personalty

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-35-20 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-20
28-35-20. (502) Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

28-35-20. (502) Relation to Electronic Signatures in Global and National Commerce

Act.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global

and National Commerce Act [15 U.S.C. 7001 et seq.], but does not modify, limit, or supersede

section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the

notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 28-33-05 — ND Code / Title 28 / Chapter 28-33 / Section 28-33-05
28-33-05. Compensation
Status: in_force

28-33-05. Compensation

An interpreter appointed under this chapter must be compensated by the appointing

authority at a reasonable rate determined by the authority, including travel expenses. This

section does not prevent any state department, board, commission, agency, or licensing

authority or any political subdivision of the state from employing an interpreter on a full-time

basis or under contract.
N.D. Cent. Code § 28-32-40 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-40
28-32-40. Petition for reconsideration
Status: in_force

28-32-40. Petition for reconsideration

1. Any party before an administrative agency who is aggrieved by the final order of the

agency, including the administrative agency when the hearing officer is not the agency

head or one or more members of the agency head, within fifteen days after notice has

been given as required by section 28-32-39, may file a petition for reconsideration with

the agency. Filing of the petition is not a prerequisite for seeking judicial review. If the

agency's hearing officer issues the agency's final order, the petition for reconsideration

must be addressed to the hearing officer, who may grant or deny the petition under

subsection 4.

2. Any party, including workforce safety and insurance, that appears before workforce

safety and insurance may file a petition for reconsideration within thirty days after

notice has been given as required by section 28-32-39.

3. The party must submit with the petition for reconsideration a statement of the specific

grounds upon which relief is requested or a statement of any further showing to be

made in the proceeding. The petition must also state whether a rehearing is requested.

The petition and any statement shall be considered a part of the record in the

proceeding.

4. The administrative agency may deny the petition for reconsideration or may grant the

petition on such terms as it may prescribe. If a rehearing is granted, the agency may

allow a new hearing or limit the hearing as appropriate. The agency may dissolve or

amend the final order and set the matter for further hearing. The petition is deemed to

have been denied if the agency does not dispose of it within thirty days after the filing

of the petition. Any rehearing must be presided over by the same person or persons

presiding previously at the hearing, if available. Any amended findings, conclusions,

and orders must be issued by the same person or persons who issued the previous

recommended or final orders, if available. Within thirty days after the close of

proceedings upon reconsideration, or as soon thereafter as possible, the agency shall

issue and give notice of its order upon reconsideration as required in subsection 3 of

section 28-32-39.

5. This section does not limit the right of any agency to reopen any proceeding or rehear

any matter under any continuing jurisdiction which is granted to the agency by statute.
N.D. Cent. Code § 28-20-01 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-01
28-20-01. Judgment entered by clerk on order
Status: in_force

28-20-01. Judgment entered by clerk on order

Superseded by N.D.R.Civ.P., Rule 58.
N.D. Cent. Code § 28-27-02.1 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-02.1
28-27-02.1. Order shall describe papers on which made
Status: in_force

28-27-02.1. Order shall describe papers on which made

Superseded by N.D.R.App.P., Rule 49.
N.D. Cent. Code § 28-04-04 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-04
28-04-04. Venue of actions against domestic corporations and limited liability companies
Status: in_force

28-04-04. Venue of actions against domestic corporations and limited liability

companies.

An action against a domestic corporation or limited liability company must be brought in the

county designated in the plaintiff's complaint if such corporation or limited liability company

transacts business in that county.
N.D. Cent. Code § 28-31-05 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-05
28-31-05. Oral argument
Status: in_force

28-31-05. Oral argument

Superseded by N.D.R.App.P., Rule 34.
N.D. Cent. Code § 28-20-35 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-35
28-20-35. Cancellation of judgment of record
Status: in_force

28-20-35. Cancellation of judgment of record

1. For judgments initially docketed before August 1, 2021, after ten years after the entry

of a judgment that has not been renewed, or after twenty years after the entry of a

judgment that has been renewed, the judgment must be canceled of record.

2. For judgments initially docketed on or after August 1, 2021, after twenty years after the

entry of a judgment is docketed, the judgment must be canceled of record.
N.D. Cent. Code § 28-01-30 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-30
28-01-30. When limitation for disability available
Status: in_force

28-01-30. When limitation for disability available

One may not avail oneself of a disability, unless it existed when that person's claim for relief

accrued.
N.D. Cent. Code § 28-22-17 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-17
28-22-17. Nonavailability of federal bankruptcy exemptions
Status: in_force

28-22-17. Nonavailability of federal bankruptcy exemptions

In accordance with the provisions of section 522(b) of the Bankruptcy Reform Act of 1978

[Pub. L. 95-598; 92 Stat. 2586; 11 U.S.C. 522(b)], residents of this state are not entitled to the

federal exemptions provided in section 522(d) of the Bankruptcy Reform Act of 1978. The

residents of this state are limited to claiming those exemptions allowable by North Dakota law.
N.D. Cent. Code § 28-01.3-11 — ND Code / Title 28 / Chapter 28-01.3 / Section 28-01.3-11
28-01.3-11. Pesticide labeling - Duty to warn - Defenses
Status: in_force

28-01.3-11. Pesticide labeling - Duty to warn - Defenses

Notwithstanding any other provision in this title, any pesticide registered with the agriculture

commissioner under chapter 4.1-33 or the United States environmental protection agency under

the Federal Insecticide, Fungicide, and Rodenticide Act [61 Stat. 163; 7 U.S.C. 136 et seq.]

which displays a label approved by the United States environmental protection agency in

registering the pesticide, displays a label consistent with the most recent human health

assessment performed under the Federal Insecticide, Fungicide, and Rodenticide Act

[61 Stat. 163; 7 U.S.C. 136 et seq.], or displays a label consistent with the United States

environmental protection agency carcinogenicity classification for the pesticide under the

Federal Insecticide, Fungicide, and Rodenticide Act [61 Stat. 163; 7 U.S.C. 136 et seq.] is

sufficient to satisfy any requirement for warning or labeling regarding health or safety under this

chapter and any other provision or doctrine of state law concerning the duty to warn or label, or

any other common law duty to warn.
N.D. Cent. Code § 28-27-24 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-24
28-27-24. Effect of perfected appeal - Perishable property
Status: in_force

28-27-24. Effect of perfected appeal - Perishable property

Whenever an appeal has been perfected and the proper undertaking given or other act

done as prescribed by this chapter to stay the execution or performance of the judgment or

order appealed from, all further proceedings thereon must be thereby stayed accordingly,

except that the court below may proceed upon any other matter included in the action not

affected by the judgment or order appealed from and may order perishable property held under

the judgment or order appealed from to be sold and the proceeds paid into the court to abide

the event.