N.D. Cent. Code § 32-07-05 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-05
32-07-05. Exceptions by defendant to sufficiency of sureties or amount of undertaking
Status: in_force

32-07-05. Exceptions by defendant to sufficiency of sureties or amount of

undertaking.

The defendant, within three days after the service of a copy of the affidavit, requisition, and

undertaking, may give notice to the sheriff that the defendant excepts to the sufficiency of the

sureties, or the amount of the undertaking. If the defendant fails to do so, the defendant shall be

deemed to have waived all objection to them. When the defendant excepts to the sufficiency of

the sureties, the sureties shall justify as provided in chapter 32-02, and the sheriff shall be

responsible for the sufficiency of the sureties until the objection to them is either waived as

above provided, or until they shall justify or new sureties shall be substituted and shall justify. If

the defendant excepts to the sureties, or to the amount of the undertaking, the defendant cannot

reclaim the property as provided in section 32-07-06. When the defendant excepts to the

amount of the undertaking, the sheriff shall retain possession of the property for five days after

the service of notice of such exception upon the sheriff. In such case the defendant, upon two

days' notice to the plaintiff, may apply to the judge of the court in which the action is pending for

an order requiring the plaintiff to execute an undertaking in such action in a larger amount than

that of the undertaking which has been served. The affidavits upon which the defendant bases

the defendant's application shall be served with the notice. If the application is denied, the order

of the court shall direct the sheriff forthwith to deliver the property to the plaintiff. If the

application is granted, the order of the court shall direct the sheriff to deliver the property to the

defendant unless the plaintiff within a time of not more than four days, to be fixed by the court,

shall execute a bond in such sum as the court shall prescribe, with sureties to be approved by

the sheriff.
N.D. Cent. Code § 32-03-23 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-23
32-03-23. Damages for conversion of personalty
Status: in_force

32-03-23. Damages for conversion of personalty

The detriment caused by the wrongful conversion of personal property is presumed to be:

1. The value of the property at the time of the conversion, with the interest from that time;

or

2. When the action has been prosecuted with reasonable diligence, the highest market

value of the property at any time between the conversion and the verdict, without

interest, at the option of the injured party; and

3. A fair compensation for the time and money properly expended in pursuit of the

property.
N.D. Cent. Code § 32-03.2-07 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-07
32-03.2-07. Pleading of damages
Status: in_force

32-03.2-07. Pleading of damages

Any pleading for damages for death or injury to a person may pray for economic and

noneconomic damages separately. Any prayer for noneconomic damages of less than fifty

thousand dollars or for economic damages may be for a specific dollar amount. Any prayer for

noneconomic damages for fifty thousand dollars or more must be stated generally as "a

reasonable sum but not less than fifty thousand dollars".
N.D. Cent. Code § 32-29.3-23 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-23
32-29.3-23. Vacating award
Status: in_force

32-29.3-23. Vacating award

1. Upon motion to the court by a party to an arbitration proceeding, the court shall vacate

an award made in the arbitration proceeding if:

a. The award was procured by corruption, fraud, or other undue means;

b. There was:

(1) Evident partiality by an arbitrator appointed as a neutral arbitrator;

(2) Corruption by an arbitrator; or

(3) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration

proceeding;

c. An arbitrator refused to postpone the hearing upon showing of sufficient cause for

postponement, refused to consider evidence material to the controversy, or

otherwise conducted the hearing contrary to section 32-29.3-15, so as to

prejudice substantially the rights of a party to the arbitration proceeding;

d. An arbitrator exceeded the arbitrator's powers;

e. There was no agreement to arbitrate, unless the person participated in the

arbitration proceeding without raising the objection under subsection 3 of

section 32-29.3-15 not later than the beginning of the arbitration hearing; or

f. The arbitration was conducted without proper notice of the initiation of an

arbitration as required in section 32-29.3-09 so as to prejudice substantially the

rights of a party to the arbitration proceeding.

2. A motion under this section must be filed within ninety days after the movant receives

notice of the award pursuant to section 32-29.3-19 or within ninety days after the

movant receives notice of a modified or corrected award pursuant to

section 32-29.3-20, unless the movant alleges that the award was procured by

corruption, fraud, or other undue means, in which case the motion must be made

within ninety days after the ground is known or by the exercise of reasonable care

would have been known by the movant.

3. If the court vacates an award on a ground other than that set forth in subdivision e of

subsection 1, it may order a rehearing. If the award is vacated on a ground stated in

subdivision a or b of subsection 1, the rehearing must be before a new arbitrator. If the

award is vacated on a ground stated in subdivision c, d, or f of subsection 1, the

rehearing may be before the arbitrator who made the award or the arbitrator's

successor. The arbitrator must render the decision in the rehearing within the same

time as that provided in subsection 2 of section 32-29.3-19 for an award.

4. If the court denies a motion to vacate an award, the court shall confirm the award

unless a motion to modify or correct the award is pending.
N.D. Cent. Code § 32-16-05 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-05
32-16-05. To whom summons directed
Status: in_force

32-16-05. To whom summons directed

The summons must be directed to all the joint tenants and tenants in common and all

persons having an interest in or any lien of record by mortgage, judgment, or otherwise upon

the property or upon any particular portion thereof, and generally to all persons unknown who

have or claim any interest in the property.
N.D. Cent. Code § 32-04-03 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-03
32-04-03. Specific relief not given to enforce penal law
Status: in_force

32-04-03. Specific relief not given to enforce penal law

Specific relief cannot be granted to enforce a penal law, except in case of nuisance, nor to

enforce a penalty or forfeiture in any case.
N.D. Cent. Code § 32-41-03 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-03
32-41-03. Variation by agreement
Status: in_force

32-41-03. Variation by agreement

The effect of this chapter may be varied by agreement of the parties made before or after

commencement of an action or distribution proceeding or the entry of judgment. Parties to a

transaction may agree upon the money to be used in a transaction giving rise to a

foreign-money claim and may agree to use different moneys for different aspects of the

transaction. Stating the price in a foreign money for one aspect of a transaction does not alone

require the use of that money for other aspects of the transaction.
N.D. Cent. Code § 32-03-32 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-32
32-03-32. What value of property to buyer or owner deemed to be
Status: in_force

32-03-32. What value of property to buyer or owner deemed to be

In estimating damages, except as provided by sections 32-03-33 and 32-03-34, the value of

property to a buyer or owner thereof deprived of its possession is deemed to be the price at

which the buyer or owner might have bought an equivalent thing in the market nearest to the

place where the property ought to have been put into such person's possession, and at such

time after the breach of duty upon which that person's right to damages is founded as would

suffice with reasonable diligence for that person to make such a purchase.
N.D. Cent. Code § 32-09.1-22 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-22
32-09.1-22. Claim of exemptions - How made
Status: in_force

32-09.1-22. Claim of exemptions - How made

When the defendant claims that the indebtedness or property, or a part thereof, is exempt

from garnishment or from execution, the defendant, at or before twenty days after the service of

the garnishee summons, shall file a schedule of all personal property subscribed and sworn to

as provided in section 28-22-07.
N.D. Cent. Code § 32-15-34 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-34
32-15-34. New trials and appeals
Status: in_force

32-15-34. New trials and appeals

The provisions of this code relative to new trials and appeals, except insofar as they are

inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this

chapter, but upon the payment of the damages assessed the plaintiff shall be entitled to enter

into, improve, and hold possession of the property sought to be condemned as provided in

section 32-15-29 and to devote the same to the public use in question, and no motion for a new

trial or appeal after such payment shall retard the contemplated improvement in any manner.

Any money which shall have been deposited, as provided in section 32-15-29, shall be applied

to the payment of the recovery upon a new trial and the remainder, if there is any, shall be

returned to the plaintiff.
N.D. Cent. Code § 32-34-09 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-09
32-34-09. Transmission of verdict
Status: in_force

32-34-09. Transmission of verdict

If no notice of a motion for a new trial is given, or, if given, the motion is denied, the clerk

within five days after rendition of the verdict or denial of the motion must transmit to the court in

which the application for the writ is pending a certified copy of the verdict attached to the order

of trial after which either party may bring on the argument of the application upon reasonable

notice to the adverse party.
N.D. Cent. Code § 32-17-02 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-02
32-17-02. Use and occupation - Waste - Pleading - Possession
Status: in_force

32-17-02. Use and occupation - Waste - Pleading - Possession

A recovery may be had in the action by any party against a defendant personally served or

who has appeared, or against the plaintiff, for the value of the use and occupation of the

premises and for the value of the property wasted or removed therefrom, in the case of a vendor

holding over, or a trespasser, as well as in a case in which the relation of vendor and vendee

has existed. If such recovery is desired by the plaintiff, the plaintiff shall allege the fact, stating

particularly the value of the use and occupation, the value of the property wasted or removed,

and the value of the real property aside from the waste or removal, and shall demand

appropriate relief in the complaint. A recovery of possession also may be had by the plaintiff or

any defendant asking for affirmative relief.
N.D. Cent. Code § 32-19-15 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-15
32-19-15. Successive judgments and sales
Status: repealed

32-19-15. Successive judgments and sales

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-40.1-03 — ND Code / Title 32 / Chapter 32-40.1 / Section 32-40.1-03
32-40.1-03. Extent of application
Status: in_force

32-40.1-03. Extent of application

This chapter applies to a lender-owner or representative as long as the lender-owner or

representative makes reasonable efforts to resell the property and does not affect any liability

expressly created under federal or state health or environmental statutes, rules, permits, or

orders. This chapter does not apply to a lender-owner who transports or disposes of waste for

profit.
N.D. Cent. Code § 32-03.4-02 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-02
32-03.4-02. Required disclosures to payee
Status: in_force

32-03.4-02. Required disclosures to payee

At least three days before the date on which a payee signs a transfer agreement, the

transferee shall provide to the payee a separate disclosure statement, in bold and in at least

fourteen-point type, setting forth:

1. The amounts and due dates of the structured settlement payments to be transferred;

2. The aggregate amount of the payments;

3. The discounted present value of the payments to be transferred, which must be

identified as the "calculation of current value of the transferred structured settlement

payments under federal standards for 'valuing annuities'", and the amount of the

applicable federal rate used in calculating the discounted present value;

4. The gross advance amount;

5. An itemized list of all applicable transfer expenses, other than attorney's fees and

related disbursements, payable in connection with the transferee's application for

approval of the transfer and the transferee's best estimate of the amount of any such

fees and disbursements;

6. The net advance amount;

7. The amount of any penalties or liquidated damages payable by the payee in the event

of any breach of the transfer agreement by the payee; and

8. A statement that the payee has the right to cancel the transfer agreement, without

penalty or further obligation, no later than the third business day after the date the

agreement is signed by the payee.
N.D. Cent. Code § 32-09.1-06 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-06
32-09.1-06. Garnishee summons
Status: in_force

32-09.1-06. Garnishee summons

In any action in a court of record for the recovery of money, at any time after judgment, a

garnishee summons may be issued against any third person as provided in this chapter. The

plaintiff and defendant shall be designated. The person against whom the summons is issued

shall be designated garnishee.
N.D. Cent. Code § 32-12.2-06 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-06
32-12.2-06. Liability insurance - Reinsurance
Status: in_force

32-12.2-06. Liability insurance - Reinsurance

Upon approval of the director of the office of management and budget, an entity of the state

may participate in a government self-insurance pool or may purchase insurance against liability

of the entity and its employees for damages resulting from claims under this chapter. The

director shall limit participation in government self-insurance pools and, except as provided in

this section, the purchase of insurance to exposures determined to cause an excessive financial

risk to the state risk management fund, including exposures reasonably expected to deplete the

fund and have a significant detrimental impact on the state's budget. The director shall develop

a state self-retention program that provides as much coverage as possible of potential liability

recognized by this chapter, but that includes insurance purchases in a manner that is

determined appropriate by the director in consultation with the state risk manager. The

insurance may be provided by an insurance company authorized to do business in this state

which the insurance commissioner has determined to be responsible and financially sound,

considering the extent of the coverage required, or coverage may be provided by a government

self-insurance pool. If a premium savings will result and the director of the office of management

and budget approves, the insurance policy or memorandum of coverage may be in force from

one through three years from the date of issue. The director may procure an excess loss

reinsurance contract for the state.
N.D. Cent. Code § 32-49-07 — ND Code / Title 32 / Chapter 32-49 / Section 32-49-07
32-49-07. Construction
Status: in_force

32-49-07. Construction

This chapter must be construed to be consistent with the Communications Decency Act of

1996 [47 U.S.C. Section 230].
N.D. Cent. Code § 32-12-03 — ND Code / Title 32 / Chapter 32-12 / Section 32-12-03
32-12-03. Claim presented and refused before action brought
Status: in_force

32-12-03. Claim presented and refused before action brought

No action upon a claim arising upon contract for the recovery of money only can be

maintained against the state until the claim has been presented to the department, institution,

agency, board, or commission to which claim relates for allowance and allowance thereof

refused. The neglect or refusal of the office to act on such claim for a period of ten days after its

presentation for allowance must be deemed a refusal to allow the claim.
N.D. Cent. Code § 32-10.1-16 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-16
32-10.1-16. Executory contract
Status: in_force

32-10.1-16. Executory contract

1. As used in this section, "timeshare interest" means an interest having a duration of

more than three years which grants its holder the right to use and occupy an

accommodation, facility, or recreational site, whether improved or not, for a specific

period less than a full year during any given year.

2. Except as otherwise provided in subsection 8, with court approval, a receiver may

adopt or reject an executory contract of the owner relating to receivership property.

The court may condition the receiver's adoption and continued performance of the

contract on terms appropriate under the circumstances. If the receiver does not

request court approval to adopt or reject the contract within a reasonable time after the

receiver's appointment, the receiver is deemed to have rejected the contract.

3. A receiver's performance of an executory contract before court approval under

subsection 2 of its adoption or rejection is not an adoption of the contract and does not

preclude the receiver from seeking approval to reject the contract.

4. A provision in an executory contract which requires or permits a forfeiture,

modification, or termination of the contract because of the appointment of a receiver or

the financial condition of the owner does not affect a receiver's power under

subsection 2 to adopt the contract.

5. A receiver's right to possess or use receivership property pursuant to an executory

contract terminates on rejection of the contract under subsection 2. Rejection is a

breach of the contract effective immediately before appointment of the receiver. A

claim for damages for rejection of the contract must be submitted by the later of:

a. The time set for submitting a claim in the receivership; or

b. Thirty days after the court approves the rejection.

6. If at the time a receiver is appointed, the owner has the right to assign an executory

contract relating to receivership property under any other provision of law, the receiver

may assign the contract with court approval.

7. If a receiver rejects under subsection 2 an executory contract for the sale of

receivership property that is real property in possession of the purchaser or a

real-property timeshare interest, the purchaser may:

a. Treat the rejection as a termination of the contract, and in that case the purchaser

has a lien on the property for the recovery of any part of the purchase price the

purchaser paid; or

b. Retain the purchaser's right to possession under the contract, and in that case

the purchaser shall continue to perform all obligations arising under the contract

and may offset any damages caused by nonperformance of an obligation of the

owner after the date of the rejection, but the purchaser has no right or claim

against other receivership property or the receiver on account of the damages.

8. A receiver may not reject an unexpired lease of real property under which the owner is

the landlord if:

a. The tenant occupies the leased premises as the tenant's primary residence;

b. The receiver was appointed at the request of a person other than a mortgagee; or

c. The receiver was appointed at the request of a mortgagee and:

(1) The lease is superior to the lien of the mortgage;

(2) The tenant has an enforceable agreement with the mortgagee or the holder

of a senior lien under which the tenant's occupancy will not be disturbed as

long as the tenant performs its obligations under the lease;

(3) The mortgagee has consented to the lease, either in a signed record or by

its failure timely to object that the lease violated the mortgage; or

(4) The terms of the lease were commercially reasonable at the time the lease

was agreed to and the tenant did not know or have reason to know the

lease violated the mortgage.
N.D. Cent. Code § 32-17-13 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-13
32-17-13. When defendant permitted to defend
Status: in_force

32-17-13. When defendant permitted to defend

A defendant in an action to determine adverse claims, proceeded against by name or as an

unknown party, or the defendant's representative, on application and sufficient cause shown at

any time before trial, must be allowed to defend on such terms as may be just, and any such

defendant or defendant's representatives upon good cause shown, and on such terms as may

be just, may be allowed to defend after trial and within one year after the rendition of judgment

therein, but not otherwise.
N.D. Cent. Code § 32-03.1-07 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-07
32-03.1-07. Costs and fees
Status: in_force

32-03.1-07. Costs and fees

Notwithstanding any other provision in the laws of this state, or any court rules, if a party

names a defendant in a suit alleging intentional misconduct or gross negligence, as described in

section 32-03.1-01, and the trial judge dismisses the complaint or grants a defendant's motion

for judgment on the pleadings, or directs a verdict for a defendant, or grants a defendant's

motion for judgment notwithstanding the verdict, or at any point in the proceedings grants a

plaintiff's motion to discontinue the action against the defendant, the defendant shall be entitled

to full costs and reasonable attorney's fees expended in connection with the defendant's

defense of the action. If good reason is shown, the trial judge may suspend the operation of this

section.
N.D. Cent. Code § 32-09.1-01 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-01
32-09.1-01. Definitions
Status: in_force

32-09.1-01. Definitions

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

1. "Defendant" means every judgment debtor.

2. "Disposable earnings" means that part of the earnings of any individual remaining after

the deduction from those earnings of any amounts required by other law to be

withheld.

3. "Earnings" means compensation paid or payable for personal services, whether

denominated as wages, salary, commission, bonus, or otherwise, and includes

periodic payments pursuant to a pension or retirement program. "Earnings" does not

include social security benefits or veterans' disability pension benefits, except when

the benefits are subject to garnishment to enforce any order for the support of a

dependent child. "Earnings" includes military retirement pay.

4. "Person" includes an individual, an individual's personal representative or other

fiduciary, any two or more persons having a joint or common interest, a partnership, an

association, a corporation, a limited liability company, and any other legal or

commercial entity.

5. "Plaintiff" means every judgment creditor.
N.D. Cent. Code § 32-03-24 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-24
32-03-24. Presumption of damages cannot be repelled
Status: in_force

32-03-24. Presumption of damages cannot be repelled

The presumption declared by section 32-03-23 cannot be repelled in favor of one whose

possession was wrongful from the beginning by that person's subsequent application of the

property to the benefit of the owner without the owner's consent.
N.D. Cent. Code § 32-41-12 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-12
32-41-12. Effect of currency revalorization
Status: in_force

32-41-12. Effect of currency revalorization

If, after an obligation is expressed or a loss is incurred in a foreign money, the country

issuing or adopting that money substitutes a new money in place of that money, the obligation

or the loss is treated as if expressed or incurred in the new money at the rate of conversion the

issuing country establishes for the payment of like obligations or losses denominated in the

former money. If the substitution occurs after a judgment or award is entered on a

foreign-money claim, the court or arbitrator shall amend the judgment or award by a like

conversion of the former money.
N.D. Cent. Code § 32-09.1-15 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-15
32-09.1-15. Judgment against garnishee
Status: in_force

32-09.1-15. Judgment against garnishee

Judgment against a garnishee must be rendered, if at all, for the amount due the defendant,

or so much thereof as may be necessary to satisfy the plaintiff's judgment against the

defendant, with costs taxed and allowed in the proceeding against the garnishee but not to

exceed the retention amount defined under section 32-09.1-07. The judgment must discharge

the garnishee from all claims of all the parties named in the process to the property, earnings, or

money paid, delivered, or accounted for by the garnishee by force of the judgment. When a

person is charged as garnishee by reason of any property in possession other than an

indebtedness payable in money, that person shall deliver the property, or so much of the

property as may be necessary, to the officer holding execution, and the property must be sold

and the proceeds accounted for in the same manner as if the property had been taken on

execution against the defendant. The garnishee may not be compelled to deliver any specific

articles at any time or place other than as stipulated in the contract with the defendant.
N.D. Cent. Code § 32-12-05 — ND Code / Title 32 / Chapter 32-12 / Section 32-12-05
32-12-05. Claims resulting from year 2000 date change computer failures prohibited
Status: in_force

32-12-05. Claims resulting from year 2000 date change computer failures prohibited

The state is not liable for a claim arising upon contract which is the result of the failure of

any computer hardware or software, telecommunications network, or device containing a

computer processor to interpret, produce, calculate, generate, or account for a date that is

compatible with the year 2000 date change if the state has made a good-faith effort to make the

computer hardware or software, telecommunications network, or device containing a computer

processor compliant with the year 2000 date change. For the purposes of this section, the state

is presumed to have made a good-faith effort to make the computer hardware or software,

telecommunications network, or device containing a computer processor compliant with the year

2000 date change if the results of testing establish that the computer hardware or software,

telecommunications network, or device containing a computer processor meets the compliance

requirements of this section, or if the state has sought and received an assurance of compliance

from the manufacturer or supplier, or if the state has sought an assurance of compliance from

the manufacturer, supplier, government, or other reliable source when testing or receiving an

assurance from the manufacturer or supplier of the computer hardware or software,

telecommunications network, or device containing a computer processor is not practicable. For

the purposes of this section, computer hardware or software, a telecommunications network, or

device containing a computer processor is compliant with the year 2000 date change if:

1. All stored dates or programs contain century recognition, including dates stored in

databases and hardware or internal system dates in devices;

2. The program logic accommodates same century and multicentury formulas and date

values; and

3. The year 2000 or any other leap year is correctly treated as a leap year within all

program logic.
N.D. Cent. Code § 32-40-01 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-01
32-40-01. Short title
Status: in_force

32-40-01. Short title

This chapter may be cited and shall be known as the North Dakota Environmental Law

Enforcement Act of 1975.
N.D. Cent. Code § 32-09.1-10 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-10
32-09.1-10. Disclosure fees
Status: in_force

32-09.1-10. Disclosure fees

In all garnishment proceedings, the plaintiff, when the garnishee summons is served upon

the garnishee, shall tender to the garnishee the sum of forty dollars as the fee for making an

affidavit of disclosure.
N.D. Cent. Code § 32-40-04 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-04
32-40-04. Cumulative remedies
Status: in_force

32-40-04. Cumulative remedies

The remedies provided by this chapter shall be cumulative and shall not replace statutory or

common-law remedies.
N.D. Cent. Code § 32-06-04 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-04
32-06-04. When injunction allowed after answer
Status: in_force

32-06-04. When injunction allowed after answer

Superseded by N.D.R.Civ.P., Rule 65.
N.D. Cent. Code § 32-19-17 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-17
32-19-17. Rebate on undue part
Status: repealed

32-19-17. Rebate on undue part

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-15-04 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-04
32-15-04. What property may be taken
Status: in_force

32-15-04. What property may be taken

The private property which may be taken under this chapter includes:

1. All real property belonging to any person.

2. Lands belonging to this state or to any county, city, or park district, not appropriated to

some public use.

3. Property appropriated to public use, but such property shall not be taken unless for a

more necessary public use than that to which it has been appropriated already, and

use by a public corporation shall be deemed a more necessary public use than use for

the same purpose by a private corporation or limited liability company, and whenever a

right of way shall have been taken and the person, firm, corporation, or limited liability

company taking such right of way shall fail or neglect for five years to use the same for

the purpose to which it had been appropriated, the attempt by another person, firm,

corporation, or limited liability company to appropriate such right of way shall be

considered a more necessary public use.

4. Franchises for toll roads, toll bridges, ferries, and all other franchises, but such

franchises shall not be taken unless for free highways, railroads, or other more

necessary public use.

5. Any system of waterworks, electric light and power plant, wells, reservoirs, pipelines,

machinery, franchises, and all other property of any character whatsoever comprising

a waterworks system or an electric light and power system.

6. All rights of way for any and all the purposes mentioned in section 32-15-02 and any

and all structures and improvements thereon, and the lands held or used in connection

therewith, shall be subject to be connected with, crossed, or intersected by any other

right of way or improvement or structure thereon. They also shall be subject to a

limited use in common with the owner thereof when necessary, but such uses,

crossings, intersections, and connections shall be made in the manner most

compatible with the greatest public benefit and the least private injury.

7. All classes of private property not enumerated may be taken for public use when such

taking is authorized by law.
N.D. Cent. Code § 32-03-11 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-11
32-03-11. Damages for breach of covenants in grants
Status: in_force

32-03-11. Damages for breach of covenants in grants

The detriment caused by the breach of a covenant of seizin, of right to convey, of warranty,

or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:

1. The price paid to the grantor, or if the breach is partial only, such proportion of the

price as the value of the property affected by the breach bore at the time of the grant

to the value of the whole property.

2. Interest thereon for the time during which the grantee derived no benefit from the

property, not exceeding six years.

3. Any expense properly incurred by the covenantee in defending the covenantee's

possession.
N.D. Cent. Code § 32-04-01 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-01
32-04-01. When specific relief given
Status: in_force

32-04-01. When specific relief given

Specific relief may be given in the cases specified in this chapter and in no other cases.
N.D. Cent. Code § 32-15-27 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-27
32-15-27. Final order - Filing
Status: in_force

32-15-27. Final order - Filing

When payments have been made as required in sections 32-15-25 and 32-15-26, the court

must make a final order of condemnation, which must describe the property condemned and the

purposes of such condemnation. A copy of the order must be filed in the office of the recorder of

the county and thereupon the property described therein shall vest in the plaintiff for the

purposes therein specified.
N.D. Cent. Code § 32-22-07 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-07
32-22-07. Direction of writ
Status: in_force

32-22-07. Direction of writ

The writ must be directed to the person having custody of or restraining the person on

whose behalf the application is made, and must command that person to have the person in

custody or restraint personally appear before the court before whom the writ is returnable, at a

place therein specified, immediately or at some specified time, regard being had to the

circumstances and the distance to be traveled.
N.D. Cent. Code § 32-49-04 — ND Code / Title 32 / Chapter 32-49 / Section 32-49-04
32-49-04. Plaintiff's privacy
Status: in_force

32-49-04. Plaintiff's privacy

In an action under this chapter:

1. The court may exclude or redact from all pleadings and documents filed in the action

other identifying characteristics of the plaintiff under rule 3.4 of the North Dakota Rules

of Court;

2. A plaintiff to whom subsection 1 applies shall file with the court and serve on the

defendant a confidential information form that includes the excluded or redacted

plaintiff's name and other identifying characteristics; and

3. The court may make further orders as necessary to protect the identity and privacy of

a plaintiff.
N.D. Cent. Code § 32-38-02 — ND Code / Title 32 / Chapter 32-38 / Section 32-38-02
32-38-02. Pro rata shares
Status: in_force

32-38-02. Pro rata shares

In determining the pro rata shares of tort-feasors in the entire liability:

1. Their relative degrees of fault shall not be considered.

2. If equity requires, the collective liability of some as a group shall constitute a single

share.

3. Principles of equity applicable to contribution generally shall apply.
N.D. Cent. Code § 32-09.1-11 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-11
32-09.1-11. Effect of disclosure
Status: in_force

32-09.1-11. Effect of disclosure

Subject to the provisions of sections 32-09.1-12 and 32-09.1-13, the disclosure is

conclusive as to all property of the defendant. If the garnishee denies having any indebtedness

to the defendant or having any property of the defendant in possession, the filing in court of a

copy of the disclosure operates as a full discharge of the garnishee at the end of twenty days

from the date of service of the disclosure, in the absence of further proceedings as provided for

in sections 32-09.1-12 and 32-09.1-13. The filing of objections to the disclosure or the filing of

any motion or other proceedings operates as a stay of the discharge. The court may, upon

proper showing, relieve the plaintiff from the operation of the discharge after the expiration of

twenty days. The garnishee may be discharged where the value of the property of the defendant

held or indebtedness owing to the defendant is less than ten dollars, and the garnishee may

apply to the court to be discharged as to any property or indebtedness in excess of the amount

which may be required to satisfy the plaintiff's judgment.
N.D. Cent. Code § 32-42-01 — ND Code / Title 32 / Chapter 32-42 / Section 32-42-01
32-42-01. Definitions
Status: in_force

32-42-01. Definitions

In this chapter:

1. "Alternative dispute resolution" means the resolution of a health care malpractice claim

in a manner other than through a health care malpractice action.

2. "Claimant" means any person who alleges a health care malpractice claim, and any

person on whose behalf the claim is alleged, including the decedent in the case of an

action brought through or on behalf of an estate.

3. "Health care malpractice action" means a claim for relief brought against a health care

provider, or other defendant joined in the action, regardless of the theory of liability on

which the claim is based, in which the claimant alleges a health care malpractice

claim.

4. "Health care malpractice claim" means a claim brought against a health care provider

or other defendant joined in a claim alleging that an injury was suffered by the claimant

as a result of health care negligence or gross negligence, breach of express or implied

warranty or contract, failure to discharge a duty to warn, or failure to obtain consent

arising from the provision of or failure to provide health care services.

5. "Health care negligence" means an act or omission by a health care provider which

deviates from the applicable standard of care and causes an injury.

6. "Health care provider" means a person who is licensed, certified, or otherwise

authorized by the law of this state to administer health care in the ordinary course of

business or practice of a profession.

7. "Injury" means an injury, illness, disease, or other harm suffered by an individual as a

result of the provision of health care services by a health care provider.

8. "Noneconomic damage" means damage arising from pain; suffering; inconvenience;

physical impairment; disfigurement; mental anguish; emotional distress; fear of injury,

loss, or illness; loss of society and companionship; loss of consortium; injury to

reputation; humiliation; and other nonpecuniary damage incurred by an individual with

respect to which a health care malpractice action or claim is pursued.
N.D. Cent. Code § 32-23-04 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-04
32-23-04. Rights in trust or estate determined
Status: in_force

32-23-04. Rights in trust or estate determined

Any person interested as or through a personal representative, trustee, guardian,

conservator, or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the

administration of a trust, or of the estate of a decedent, an infant, a mentally ill or deficient

person, or an insolvent, may have a declaration of rights or legal relations in respect thereto:

1. To ascertain any class of creditors, devisees, heirs, next of kin, or others;

2. To direct the personal representatives or trustees to do or abstain from doing any

particular act in their fiduciary capacity; or

3. To determine any question arising in the administration of the estate or trust, including

questions of construction of wills and other writings.
N.D. Cent. Code § 32-04-20 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-20
32-04-20. Contract first revised then enforced
Status: in_force

32-04-20. Contract first revised then enforced

A contract may be revised first and then specifically enforced.
N.D. Cent. Code § 32-13-03 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-03
32-13-03. Who may bring action against usurping officer
Status: in_force

32-13-03. Who may bring action against usurping officer

An action may be commenced by the state, or any person who has a special interest in the

action, against the parties offending in the following cases:

1. When any person shall usurp, intrude into, or unlawfully hold or exercise any public

office, civil or military, or any franchise within this state, or any office in a corporation or

limited liability company created by the authority of this state.

2. When any public officer, civil or military, shall have done or suffered an act which by

the provisions of law shall make a forfeiture of the officer's office.

3. When any association or number of persons shall act within this state as a corporation

without being duly incorporated or as a limited liability company without being duly

organized.
N.D. Cent. Code § 32-34-01 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-01
32-34-01. By and to whom writ of mandamus issued
Status: in_force

32-34-01. By and to whom writ of mandamus issued

The writ of mandamus may be issued by the supreme and district courts to any inferior

tribunal, corporation, board, or person to compel the performance of an act which the law

specially enjoins as a duty resulting from an office, trust, or station, or to compel the admission

of a party to the use and enjoyment of a right or office to which the party is entitled and from

which the party is precluded unlawfully by such inferior tribunal, corporation, board, or person.
N.D. Cent. Code § 32-29.4-21 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-21
32-29.4-21. Modification of confirmed award or judgment
Status: in_force

32-29.4-21. Modification of confirmed award or judgment

If a party requests under law of this state other than this chapter a modification of an award

confirmed under section 32-29.4-15 or judgment on the award based on a fact occurring after

confirmation:

1. The parties shall proceed under the dispute-resolution method specified in the award

or judgment; or

2. If the award or judgment does not specify a dispute-resolution method, the parties

may:

a. Agree to arbitrate the modification before the original arbitrator or another

arbitrator; or

b. Absent agreement proceed under law of this state other than this chapter

governing modification of a judgment in a family law proceeding.
N.D. Cent. Code § 32-41-07 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-07
32-41-07. Judgments and awards on foreign-money claims - Times of money conversion - Form of judgment
Status: in_force

32-41-07. Judgments and awards on foreign-money claims - Times of money

conversion - Form of judgment.

1. Except as provided in subsection 3, a judgment or award on a foreign-money claim

must be stated in an amount of the money of the claim.

2. A judgment or award on a foreign-money claim is payable in that foreign money or, at

the option of the debtor, in the amount of United States dollars which will purchase that

foreign money on the conversion date at a bank-offered spot rate.

3. Assessed costs must be entered in United States dollars.

4. Each payment in United States dollars must be accepted and credited on a judgment

or award on a foreign-money claim in the amount of the foreign money that could be

purchased by the dollars at a bank-offered spot rate of exchange at or near the close

of business on the conversion date for that payment.

5. A judgment or award made in an action or distribution proceeding on both a defense,

setoff, recoupment, or counterclaim and the adverse party's claim, must be netted by

converting the money of the smaller into the money of the larger, and by subtracting

the smaller from the larger, and must specify the rates of exchange used.

6. A judgment substantially in the following form complies with subsection 1:

IT IS ADJUDGED AND ORDERED, that defendant (insert name) pay to

plaintiff (insert name) the sum of (insert amount in the foreign money) plus

interest on that sum at the rate of (insert rate) percent a year or, at the option of

the judgment debtor, the number of United States dollars which will purchase the

(insert name of foreign money) with interest due, at a bank-offered spot rate at or

near the close of business on the banking day next before the day of payment,

together with assessed costs of (insert amount) United States dollars.

7. If a contract claim is of the type covered by section 32-41-05, the judgment or award

must be entered for the amount of money stated to measure the obligation to be paid

in the money specified for payment or, at the option of the debtor, the number of

United States dollars which will purchase the computed amount of the money of

payment on the conversion date at a bank-offered spot rate.

8. A judgment must be docketed and indexed in foreign money in the same manner, and

has the same effect as a lien, as other judgments. A judgment may be discharged by

payment.
N.D. Cent. Code § 32-14-01 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-01
32-14-01. What forfeitures recoverable in civil action
Status: in_force

32-14-01. What forfeitures recoverable in civil action

In all cases not otherwise specially provided for by law, when a forfeiture shall be incurred

by any person, and the act or omission for which the same is imposed shall not be a

misdemeanor, such forfeiture may be sued for and recovered in a civil action. When such act or

omission is punishable by fine and imprisonment, or by fine or imprisonment, or is specially

declared by law to be a misdemeanor, it shall be deemed a misdemeanor within the meaning of

this chapter. The word forfeiture as used in this chapter shall include any penalty in money or

goods, other than a fine, imposed by law as a punishment for crime.
N.D. Cent. Code § 32-08.1-03 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-03
32-08.1-03. Basis for attachment
Status: in_force

32-08.1-03. Basis for attachment

1. Before any writ of attachment may be executed, the plaintiff or someone on the

plaintiff's behalf shall make and attach thereto an affidavit stating the basis and

amount of the claim against the defendant, that the same is due upon contract or upon

a judgment, and that the affiant knows or has good reason to believe any of the

following:

a. The defendant is absent from this state, or is concealed therein so that summons

cannot be served on the defendant.

b. The defendant has disposed of or concealed or is about to dispose of or conceal

the defendant's property or some part thereof with intent to defraud the

defendant's creditors.

c. The defendant has removed or is about to remove property out of this state with

intent to defraud the defendant's creditors.

d. The defendant fraudulently incurred the obligation respecting which the action is

brought.

e. The defendant is not a resident of this state.

f. The defendant is a foreign corporation or limited liability company or the

defendant is a domestic corporation or limited liability company and no officer,

manager, or agent thereof on whom to serve the summons exists or resides in

this state or can be found.

g. The action is against a defendant as principal on an official bond to recover

money due the state or to some political subdivision thereof, or that the action is

against the defendant as principal upon a bond or other instrument given as

evidence of debt for or to secure the payment of money embezzled or

misappropriated by such defendant as an officer of the state or of a political

subdivision thereof.

h. The action is against a defendant to recover purchase money for personal

property sold to the defendant, in which case the property must be specifically

described, if one of the conditions under subdivision a, e, or i and one of the

conditions under subdivision b or c is also alleged.

i. The action is against the owner of any motor vehicle for damages alleged to have

been caused by the negligence of such owner or the owner's duly authorized

agent, the motor vehicle alleged to have been driven, occupied, or owned by a

negligent driver or owner thereof, at the time of such accident, may be attached, if

one of the conditions under subdivision a or e and one of the conditions under

subdivision b or c is also alleged.

2. In tort actions the affidavit must state that a claim for relief in tort exists in favor of the

plaintiff and against the defendant, that the damages sustained exceed fifty dollars

specifying the amount claimed and either:

a. The defendant is not a resident of this state or that the defendant's residence is

unknown and cannot with due diligence be ascertained; or

b. The defendant is a foreign corporation or foreign limited liability company.

3. An action may be maintained and a writ of attachment issued on a demand not yet due

in any case mentioned in this section, except the cases mentioned in subdivision e, f,

or g of subsection 1 and the same proceedings in the action shall be had and the

same affidavit shall be required as in actions upon matured demands except that the

affidavit shall state that the debt is to become due. The bond specified in section

32-08.1-05 shall be for three times the amount demanded. In case an attachment is

issued before the maturity of the debt and a defense to such attachment is sustained,

the court shall render a judgment for damages and costs against the plaintiff.
N.D. Cent. Code § 32-12.2-10 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-10
32-12.2-10. Eleventh Amendment immunity preserved
Status: in_force

32-12.2-10. Eleventh Amendment immunity preserved

This chapter does not waive the state's immunity under the Eleventh Amendment to the

United States Constitution in any manner, and this chapter may not be construed to abrogate

that immunity.
N.D. Cent. Code § 32-08.1-24 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-24
32-08.1-24. Stranger may intervene
Status: in_force

32-08.1-24. Stranger may intervene

Any person not a party to the action, whose property is attached, may, at any time, either

before or after judgment, be made a party upon application for the purpose of removing or

discharging the attachment. The court may grant such summary relief as shall be just, and may

in proper cases try appropriate issues by jury.
N.D. Cent. Code § 32-14-02 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-02
32-14-02. By whom action brought
Status: in_force

32-14-02. By whom action brought

Such action shall be brought as follows:

1. If the entire recovery is payable to the state, by the attorney general or the state's

attorney of the proper county in the name of the state.

2. If the entire recovery is payable to a public corporation, by its proper legal officer in the

name of such corporation.

3. If the recovery is payable partly to the state or a public corporation and partly to an

individual, by such individual or by the state or public corporation, as the case may be,

or by such individual and the state or public corporation.
N.D. Cent. Code § 32-46.1-03 — ND Code / Title 32 / Chapter 32-46.1 / Section 32-46.1-03
32-46.1-03. Identification of additional or alternative asbestos trust by defendant
Status: in_force

32-46.1-03. Identification of additional or alternative asbestos trust by defendant

1. A defendant may file a motion requesting a stay of the proceedings by the later of the

seventy-fifth day before the trial is set to commence or the fifteenth day after the

defendant first obtains information supporting additional trust claims by the plaintiff.

The defendant shall produce or describe the documentation the defendant possesses

or of which the defendant is aware in support of the motion. Before filing the motion,

the defendant shall meet and confer with the plaintiff to discuss why the defendant

believes the plaintiff has an additional trust claim.

2. Within ten days of receiving the defendant's motion, the plaintiff shall:

a. File the asbestos trust claims;

b. File a written response with the court stating why insufficient evidence exists for

the plaintiff to file the asbestos trust claims; or

c. File a written response with the court requesting a determination that the cost to

file the asbestos trust claims exceed the plaintiff's reasonably anticipated

recovery.

3. If the court determines there is a sufficient basis for the plaintiff to file an asbestos trust

claim, the court shall stay the asbestos action until the plaintiff files the asbestos trust

claim and produces all related trust claims materials.

4. If the court determines the cost of submitting an asbestos trust claim exceeds the

plaintiff's reasonably anticipated recovery, the court shall stay the asbestos action until

the plaintiff files with the court and provides all parties with a verified statement of the

plaintiff's history of exposure, usage, or other connection to asbestos covered by the

identified asbestos trust.

5. The court may not schedule the asbestos action for trial until at least sixty days after

the plaintiff files the documentation required under this section.
N.D. Cent. Code § 32-34-08 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-08
32-34-08. New trial - Where motion made
Status: in_force

32-34-08. New trial - Where motion made

A motion for new trial must be made in the court in which the issue of fact is tried.
N.D. Cent. Code § 32-41-02 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-02
32-41-02. Scope
Status: in_force

32-41-02. Scope

This chapter applies only to a foreign-money claim in an action or distribution proceeding.

This chapter applies to foreign-money issues even if other law under the conflict of laws rules of

this state applies to other issues in the action or distribution proceeding.
N.D. Cent. Code § 32-13-08 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-08
32-13-08. Refusal to deliver - Punishment
Status: in_force

32-13-08. Refusal to deliver - Punishment

If the defendant refuses or neglects to deliver any of the books or papers demanded, as

prescribed in section 32-13-07, the defendant is guilty of a class B misdemeanor, and the court,

or a judge thereof, by order, may put the person entitled to the office in possession thereof and

of all the books and papers belonging thereto, and any party refusing to deliver the same, when

ordered as aforesaid, shall be punished as for a contempt.
N.D. Cent. Code § 32-22-08 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-08
32-22-08. Writ of habeas corpus - Form
Status: in_force

32-22-08. Writ of habeas corpus - Form

Every writ of habeas corpus issued under the provisions of this chapter shall be in

substantially the following form:

State of North Dakota )

) ss.

County of _______________ )

The state of North Dakota to the sheriff of _________ etc. (or to _________):

You are hereby commanded to have _______________ by you imprisoned and

detained, as is alleged, together with the time and cause of such imprisonment and

detention, by whatever name the said _______________ shall be called or charged, before

_______________, judge of the district court, (or before the district or supreme court, as

the case may be), at _______________ (naming the place), on _______________ (naming

the date), (or immediately upon the receipt of this writ), to do and receive what shall then

and there be considered concerning the said _______________, and have you then and

there this writ.

Witness, etc.

Such writ must be endorsed "By the Habeas Corpus Act", and if issued by the court, it shall be

under the seal of the court, and if by the judge, it shall be under the judge's hand.
N.D. Cent. Code § 32-04-21 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-21
32-04-21. When rescission of contract adjudged
Status: in_force

32-04-21. When rescission of contract adjudged

The rescission of a written contract may be adjudged on the application of the party

aggrieved:

1. In any of the cases mentioned in section 9-09-02;

2. When the contract is unlawful for causes not apparent upon its face and when the

parties were not equally in fault; or

3. When the public interest will be prejudiced by permitting it to stand.
N.D. Cent. Code § 32-03-30 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-30
32-03-30. Damages for certain injuries to timber
Status: in_force

32-03-30. Damages for certain injuries to timber

1. For willful and wanton injuries to timber, trees, or underwood upon the land of another,

or removal thereof, the measure of damages is three times such a sum as would

compensate for the actual detriment.

2. For negligent injuries to timber, trees, or underwood upon the land of another, or

removal thereof, the measure of damages is a sum equal to the actual detriment.
N.D. Cent. Code § 32-03.4-10 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-10
32-03.4-10. Effect of chapter on existing laws and transfer agreements
Status: in_force

32-03.4-10. Effect of chapter on existing laws and transfer agreements

This chapter does not authorize any transfer of structured settlement payment rights in

contravention of any law nor does this chapter imply that any transfer under a transfer

agreement entered before August 1, 2009, is valid or invalid.
N.D. Cent. Code § 32-22-37 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-37
32-22-37. Penalty if judge refuses or delays writ
Status: in_force

32-22-37. Penalty if judge refuses or delays writ

Any judge empowered by this chapter to issue writs of habeas corpus, who corruptly shall

refuse to issue such writ when legally applied to, in a case in which such writ may issue lawfully,

or who, for the purpose of oppression, shall delay unreasonably the issuing of such writ, shall

forfeit to the prisoner or party aggrieved a sum not exceeding five hundred dollars for every

such offense.
N.D. Cent. Code § 32-03-03 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-03
32-03-03. Damages resulting after action commenced
Status: in_force

32-03-03. Damages resulting after action commenced

Damages may be awarded in a judicial proceeding for detriment resulting after the

commencement thereof or certain to result in the future.
N.D. Cent. Code § 32-10-05 — ND Code / Title 32 / Chapter 32-10 / Section 32-10-05
32-10-05. Investment of funds on consent
Status: in_force

32-10-05. Investment of funds on consent

Funds in the hands of a receiver may be invested upon interest by order of the court, but no

such order can be made except upon the consent of all the parties to the action.
N.D. Cent. Code § 32-10.1-05 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-05
32-10.1-05. Appointment of receiver
Status: in_force

32-10.1-05. Appointment of receiver

1. The court may appoint a receiver:

a. Before judgment, to protect a party that demonstrates an apparent right, title, or

interest in real property that is the subject of the action, if the property or its

revenue-producing potential:

(1) Is being subjected to or is in danger of waste, loss, dissipation, or

impairment; or

(2) Has been or is about to be the subject of a voidable transaction;

b. After judgment:

(1) To carry the judgment into effect; or

(2) To preserve nonexempt real property pending appeal or when an execution

has been returned unsatisfied and the owner refuses to apply the property in

satisfaction of the judgment;

c. In an action in which a receiver for real property may be appointed on equitable

grounds; or

d. During the time allowed for redemption, to preserve real property sold in an

execution or foreclosure sale and secure its rents to the person entitled to the

rents.

2. In connection with the foreclosure or other enforcement of a mortgage, the court may

appoint a receiver for the mortgaged property if:

a. Appointment is necessary to protect the property from waste, loss, transfer,

dissipation, or impairment;

b. The mortgagor agreed in a signed record to appointment of a receiver on default;

c. The owner agreed, after default and in a signed record, to appointment of a

receiver;

d. The property and any other collateral held by the mortgagee are not sufficient to

satisfy the secured obligation;

e. The owner fails to turn over to the mortgagee proceeds or rents the mortgagee

was entitled to collect; or

f. The holder of a subordinate lien obtains appointment of a receiver for the

property.

3. The court may condition appointment of a receiver without prior notice under

subdivision a of subsection 2 of section 32-10.1-02 or without a prior hearing under

subdivision b of subsection 2 of section 32-10.1-02 on the giving of security by the

person seeking the appointment for the payment of damages, reasonable attorney's

fees, and costs incurred or suffered by any person if the court later concludes the

appointment was not justified. If the court later concludes the appointment was

justified, the court shall release the security.
N.D. Cent. Code § 32-12-01 — ND Code / Title 32 / Chapter 32-12 / Section 32-12-01
32-12-01. Action to annul patent - Duty of attorney general
Status: in_force

32-12-01. Action to annul patent - Duty of attorney general

The state may bring an action to vacate or annul letters patent for lands granted by this

state in any of the following cases:

1. When they were obtained by means of a fraudulent suggestion or concealment of a

material fact made by or with the knowledge or consent of the person to whom they

were issued.

2. When they were issued in ignorance of a material fact or through mistake.

3. When the patentee, or those claiming under the patentee, have done or omitted an act

in violation of the terms and conditions upon which the letters patent were granted, or

by any other means have forfeited the interest acquired under the same.

Whenever the attorney general has good reason to believe that any act or omission specified in

this section can be proved and that the person to be made defendant has no sufficient legal

defense, the attorney general must commence such an action. Upon the rendition of a judgment

vacating or annulling letters patent, the attorney general shall cause a copy of the judgment roll

to be filed in the office of the secretary of state.
N.D. Cent. Code § 32-15-06.2 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-06.2
32-15-06.2. Disclosures
Status: in_force

32-15-06.2. Disclosures

The condemnor, upon request, shall provide the property owner or the owner's

representative with the names of at least ten neighboring property owners to whom offers are

being made, or a list of all offerees if fewer than ten owners are affected. A current and relevant

map showing all neighboring property affected by a project shall also be provided to the

property owner. Upon request by an owner or the owner's representative, the condemnor shall

provide the names of any other property owners within that county and adjacent counties whose

property may be taken for the project. The owner or the owner's representative shall have the

right, upon request, to examine any maps in the possession of the condemnor showing property

affected by the project. The owner or the owner's representative may obtain copies of such

maps by tendering to the condemnor the reasonable and necessary costs of preparing copies.
N.D. Cent. Code § 32-17-09 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-09
32-17-09. Reply - What it may contain - Relief
Status: in_force

32-17-09. Reply - What it may contain - Relief

No reply shall be necessary on the part of the plaintiff, except when the defendant in the

defendant's answer claims a lien or encumbrance upon the property which, prior to the

commencement of the action, was barred by the statutes of limitation, or which shall have been

discharged in bankruptcy, or which constitutes only a cloud, the plaintiff may reply setting up

such defense and availing plaintiff of the benefit thereof, and in all cases in which the plaintiff

has made permanent improvements on the property in good faith, while in possession under

color of title, the plaintiff may recover the reasonable value thereof as against the defendant

recovering the property when the reply shall allege the facts, stating particularly the value of the

improvements and the value of the property, and shall demand appropriate relief. The reply shall

be served on such defendant and filed with the clerk within twenty days after the service of the

defendant's answer.
N.D. Cent. Code § 32-11-03 — ND Code / Title 32 / Chapter 32-11 / Section 32-11-03
32-11-03. Disobedience - Contempt
Status: in_force

32-11-03. Disobedience - Contempt

Whenever in the exercise of its authority a court shall have ordered the deposit, delivery, or

conveyance of money or other property and the order is disobeyed, the court, besides punishing

the disobedience as for contempt, may make an order requiring the sheriff to take the money or

property and deposit, deliver, or convey it in conformity with the direction of the court.
N.D. Cent. Code § 32-34-07 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-07
32-34-07. Latitude of proof
Status: in_force

32-34-07. Latitude of proof

On the trial the applicant is not precluded by the answer from any valid objection to its

sufficiency and may countervail it by proof either in direct denial or by way of avoidance.
N.D. Cent. Code § 32-19-06 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-06
32-19-06. What judgment must contain
Status: in_force

32-19-06. What judgment must contain

In any action for the foreclosure of a real estate mortgage, the court shall render judgment

for the amount found to be due and the costs of the action, and shall order a sale of the

premises to pay the amount adjudged to be due. The court may order delivery of the possession

of the premises to the purchaser after the expiration of the redemption period unless otherwise

ordered by the court pursuant to section 32-19-19. The judgment must provide that during the

redemption period the debtor or owner of the premises is entitled to the possession, rents, use,

and benefit of the real property sold except as provided by section 32-19-19.
N.D. Cent. Code § 32-46.1-06 — ND Code / Title 32 / Chapter 32-46.1 / Section 32-46.1-06
32-46.1-06. Failure to provide information - Sanctions
Status: in_force

32-46.1-06. Failure to provide information - Sanctions

1. The court may impose any sanction provided by court rule or law upon the motion of a

defendant or judgment debtor seeking sanctions or other relief for failure to comply

with the requirements of this chapter.

2. If the plaintiff files an asbestos trust claim after the plaintiff obtains a judgment and the

asbestos trust was in existence at the time of the judgment, the trial court upon motion

by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to

adjust the judgment by the amount of any subsequent asbestos trust payments

obtained by the plaintiff and to order additional relief to the parties.

3. A defendant or judgment debtor may file a motion under this section within one year

after the court enters a final judgment.
N.D. Cent. Code § 32-40-09 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-09
32-40-09. Intervention in action
Status: in_force

32-40-09. Intervention in action

Any state agency that receives a notice pursuant to section 32-40-07 shall be entitled to

intervene as a matter or right in the action unless such action is commenced solely to recover

damages for alleged violations.
N.D. Cent. Code § 32-43-10 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-10
32-43-10. Admissibility of evidence of correction or clarification
Status: in_force

32-43-10. Admissibility of evidence of correction or clarification

1. The fact of a request for correction or clarification under this chapter, the contents of

the request, and its acceptance or refusal are not admissible in evidence at trial.

2. The fact that a correction or clarification under this chapter was made and the contents

of the correction or clarification are not admissible in evidence at trial except in

mitigation of damages pursuant to section 32-43-05. If the fact that a correction or

clarification was made or the contents of the correction or clarification are received in

evidence, the fact of the request may also be received.

3. The fact of an offer of correction or clarification, or the fact of its refusal, and the

contents of the offer are not admissible in evidence at trial.
N.D. Cent. Code § 32-03-05 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-05
32-03-05. When interest in discretion of court or jury
Status: in_force

32-03-05. When interest in discretion of court or jury

In an action for the breach of an obligation not arising from contract and in every case of

oppression, fraud, or malice, interest may be given in the discretion of the court or jury.
N.D. Cent. Code § 32-34-06 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-06
32-34-06. Jury may assess damages
Status: in_force

32-34-06. Jury may assess damages

If an answer is made which raises a question as to a matter of fact essential to the

determination of the motion and affecting the substantial rights of the parties and upon the

supposed truth of which allegation the application for the writ is based, the court in its discretion

may order the question to be tried before a jury, and may postpone the argument until such trial

can be had and the verdict certified to the court. The question to be tried must be stated

distinctly in the order for trial, and the county must be designated in which the same shall be

had. The order also may direct the jury to assess any damages which the applicant may have

sustained in case the jury finds for the applicant.
N.D. Cent. Code § 32-15-16 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-16
32-15-16. Special term of court to hear issue
Status: in_force

32-15-16. Special term of court to hear issue

The court shall sit at a special term to hear the case according to law and the practice of the

court, and shall have the same power to complete the jury as is now provided by law, and the

pay of such jurors, and the penalty for failure or refusal to appear, shall be the same as in other

cases.
N.D. Cent. Code § 32-03-40 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-40
32-03-40. Emergency treatment by firemen, policemen, or peace officers
Status: in_force

32-03-40. Emergency treatment by firemen, policemen, or peace officers

Any fireman, policeman, or peace officer who in good faith renders emergency care at the

scene of an emergency in this state shall be expected to render only such emergency care as in

such person's judgment is at the time indicated and shall not be liable for any civil damages for

acts or omissions done in the person's good-faith judgment except for damages occasioned by

wanton acts of misconduct or negligence in rendering such emergency care.
N.D. Cent. Code § 32-31-04 — ND Code / Title 32 / Chapter 32-31 / Section 32-31-04
32-31-04. Special counsel
Status: in_force

32-31-04. Special counsel

If the attorney general or state's attorney of such county shall fail or refuse to institute an

action, or if the board of county commissioners of the county interested, or the governing board

of any city or school district interested in such taxes, shall desire to be represented by additional

counsel, the district court, upon application, may enter an order appointing special counsel to

represent such county, city, or school district.
N.D. Cent. Code § 32-46-01 — ND Code / Title 32 / Chapter 32-46 / Section 32-46-01
32-46-01. Definitions
Status: in_force

32-46-01. Definitions

As used in this chapter:

1. "Asbestos claim" means a claim, wherever or whenever made, for damages, losses,

indemnification, contribution, or other relief arising out of, based on, or in any way

related to asbestos, including:

a. The health effects of exposure to asbestos, including a claim for personal injury

or death, mental or emotional injury, risk of disease or other injury, or the costs of

medical monitoring or surveillance;

b. A claim made by or on behalf of a person exposed to asbestos, or a

representative, spouse, parent, child, or other relative of the person; and

c. A claim for damage or loss caused by the installation, presence, or removal of

asbestos.

2. "Corporation" means a corporation for profit, including a domestic corporation

organized under the laws of this state or a foreign corporation organized under laws

other than the laws of this state.

3. "Innocent successor" means a corporation that assumes or incurs or has assumed or

incurred successor asbestos-related liabilities that is a successor and became a

successor before January 1, 1972, or is any of that successor corporation's

successors.

4. "Successor asbestos-related liabilities" means a liability, whether known or unknown,

asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or

unliquidated, or due or to become due, which is related to asbestos claims and were

assumed or incurred by a corporation as a result of or in connection with a merger or

consolidation, or the plan of merger or consolidation related to the merger or

consolidation with or into another corporation, or that is related in any way to asbestos

claims based on the exercise of control or the ownership of stock of the corporation

before the merger or consolidation. The term includes liabilities that, after the time of

the merger or consolidation for which the fair market value of total gross assets is

determined under section 32-46-04, were or are paid or otherwise discharged, or

committed to be paid or otherwise discharged, by or on behalf of the corporation, or by

a successor of the corporation, or by or on behalf of a transferor, in connection with

settlements, judgments, or other discharges in this state or another jurisdiction.

5. "Transferor" means a corporation from which successor asbestos-related liabilities are

or were assumed or incurred.
N.D. Cent. Code § 32-03-15 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-15
32-03-15. Damages for breach of carrier's obligation to accept freight, messages, or passengers
Status: in_force

32-03-15. Damages for breach of carrier's obligation to accept freight, messages, or

passengers.

The detriment caused by the breach of a carrier's obligation to accept freight, messages, or

passengers is deemed to be the difference between the amount which the carrier had a right to

charge for the carriage and the amount it would be necessary to pay for the same service when

it ought to be performed.
N.D. Cent. Code § 32-12.1-14 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-14
32-12.1-14. Levy of tax to pay principal and interest of bonds - Duty of county auditor
Status: repealed

32-12.1-14. Levy of tax to pay principal and interest of bonds - Duty of county auditor

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 32-06-07 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-07
32-06-07. Restraining orders - When issued
Status: in_force

32-06-07. Restraining orders - When issued

Superseded by N.D.R.Civ.P., Rule 65.
N.D. Cent. Code § 32-22-35 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-35
32-22-35. Writ not allowed to delay trial
Status: in_force

32-22-35. Writ not allowed to delay trial

To prevent any person from avoiding or delaying that person's trial, it shall not be lawful to

remove any prisoner on habeas corpus under this chapter out of the county in which the

prisoner is confined, within fifteen days next preceding the term of the court at which such

person ought to be tried, unless it is to convey the prisoner into the county where the offense

with which the prisoner stands charged properly is cognizable.
N.D. Cent. Code § 32-32-02 — ND Code / Title 32 / Chapter 32-32 / Section 32-32-02
32-32-02. Parties to
Status: in_force

32-32-02. Parties to

When a special proceeding is prosecuted by one having a special interest in the

proceeding, it shall not be necessary for the state to be joined as plaintiff therein, but the person

prosecuting the same shall be known as the plaintiff and the adverse party as the defendant.
N.D. Cent. Code § 32-13-06 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-06
32-13-06. What judgment shall include
Status: in_force

32-13-06. What judgment shall include

In every action against a person for usurping an office, judgment shall be rendered upon the

right of the defendant and also upon the right of the person alleged to be entitled to the office or

only upon the right of the defendant, as justice shall require.
N.D. Cent. Code § 32-37-06 — ND Code / Title 32 / Chapter 32-37 / Section 32-37-06
32-37-06. District courts have exclusive jurisdiction - Appeals
Status: in_force

32-37-06. District courts have exclusive jurisdiction - Appeals

The district court of this state shall have exclusive jurisdiction to hear and determine all

petitions made under this chapter. Any citizen may appeal from the judgment rendered herein

the same as in civil actions.
N.D. Cent. Code § 32-19-28 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-28
32-19-28. Default may be cured
Status: in_force

32-19-28. Default may be cured

If the record title owner or the personal representative of the owner's estate, within thirty

days from the service of notice before foreclosure, performs the conditions or complies with the

provisions upon which default in the mortgage occurred, the mortgage must be reinstated and

remain in full force and effect the same as though a default had not occurred in the mortgage.
N.D. Cent. Code § 32-19-12 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-12
32-19-12. Complaint dismissed on payment of installments due
Status: repealed

32-19-12. Complaint dismissed on payment of installments due

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-03.1-03 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-03
32-03.1-03. Criminal immunity
Status: in_force

32-03.1-03. Criminal immunity

No person who renders aid or assistance necessary or helpful in the circumstances to other

persons who have been injured or are ill as the result of an accident or sudden illness or any

mechanical, external, or organic trauma may be criminally charged in this state for having

practiced medicine or nursing without a license, provided that the aider shall relinquish direction

of the care of the injured person when an appropriate person licensed or certified by this state or

by any state or province to provide medical care or assistance assumes responsibility for the

care of the injured person.
N.D. Cent. Code § 32-22-17 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-17
32-22-17. Causes for discharge of person restrained
Status: in_force

32-22-17. Causes for discharge of person restrained

If it appears on the return of the writ that the party is in custody by virtue of process from

any court of this state, or any judge or officer thereof, such person may be discharged in any of

the following cases, subject to the restrictions of section 32-22-02:

1. When the jurisdiction of such court or officer has been exceeded.

2. When the imprisonment was at first lawful, but by some act, omission, or event which

has taken place afterward, the party has become entitled to a discharge.

3. When the process is defective in some matter of substance required by law rendering

such process void.

4. When the process, though regular in form, has been issued in a case not allowed by

law.

5. When the person having the custody of the party is not the person allowed by law to

detain the party.

6. When the process is not authorized by any order or judgment of any court nor by any

provisions of law.

7. When a party has been committed on a criminal charge without reasonable or

probable cause.

8. When the process appears to have been obtained by false pretense or bribery.
N.D. Cent. Code § 32-19-21 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-21
32-19-21. Contents of notice
Status: in_force

32-19-21. Contents of notice

The notice before foreclosure shall contain:

1. A description of the real estate.

2. The date and amount of the mortgage.

3. The amount due to bring the installments of principal and interest current as of a date

specified, and the amount advanced by the mortgagee for taxes, insurance, and

maintenance, separately itemized.

4. A statement that if the amount due is not paid within thirty days from the date of the

mailing or service of the notice proceedings will be commenced to foreclose the

mortgage.
N.D. Cent. Code § 32-08.1-01 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-01
32-08.1-01. Attachment availability
Status: in_force

32-08.1-01. Attachment availability

Any creditor may attach the property of the creditor's debtor, in the cases, upon the

conditions, and in the manner prescribed in this chapter.
N.D. Cent. Code § 32-19-26 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-26
32-19-26. Actual receipt of notice always sufficient
Status: in_force

32-19-26. Actual receipt of notice always sufficient

In any case, service of the notice before foreclosure is sufficient if it actually was received

by the title owner or by the personal representative of the owner's estate. A United States

post-office registry return receipt showing that the envelope containing the notice has been

delivered to the record title owner or to the personal representative of the owner's estate, or to

the agent of either, is prima facie evidence that the owner or the owner's administrator or

executor received the same.
N.D. Cent. Code § 32-10.1-15 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-15
32-10.1-15. Use or transfer of receivership property not in ordinary course of business
Status: in_force

32-10.1-15. Use or transfer of receivership property not in ordinary course of

business.

1. As used in this section, "good faith" means honesty in fact and the observance of

reasonable commercial standards of fair dealing.

2. With court approval, a receiver may use receivership property other than in the

ordinary course of business.

3. With court approval, a receiver may transfer receivership property other than in the

ordinary course of business by sale, lease, license, exchange, or other disposition.

Unless the agreement of sale provides otherwise, a sale under this section is free of a

lien of the person that obtained appointment of the receiver, any subordinate lien, and

any right of redemption but is subject to a senior lien.

4. A lien on receivership property which is extinguished by a transfer under subsection 3

attaches to the proceeds of the transfer with the same validity, perfection, and priority

the lien had on the property immediately before the transfer, even if the proceeds are

not sufficient to satisfy all obligations secured by the lien.

5. A transfer under subsection 3 may occur by means other than a public auction sale. A

creditor holding a valid lien on the property to be transferred may purchase the

property and offset against the purchase price part or all of the allowed amount

secured by the lien, if the creditor tenders funds sufficient to satisfy in full the

reasonable expenses of transfer and the obligation secured by any senior lien

extinguished by the transfer.

6. A reversal or modification of an order approving a transfer under subsection 3 does not

affect the validity of the transfer to a person that acquired the property in good faith or

revive against the person any lien extinguished by the transfer, whether the person

knew before the transfer of the request for reversal or modification, unless the court

stayed the order before the transfer.
N.D. Cent. Code § 32-15-33 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-33
32-15-33. Rules of practice
Status: in_force

32-15-33. Rules of practice

Except as otherwise provided in this chapter, the provisions of the North Dakota Rules of

Civil Procedure are applicable to and constitute the rules of practice in the proceedings

mentioned in this chapter.
N.D. Cent. Code § 32-03.1-02 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-02
32-03.1-02. Actions barred
Status: in_force

32-03.1-02. Actions barred

An individual, or the individual's employer, subject to the exceptions in sections 32-03.1-03,

32-03.1-04, and 32-03.1-08, who renders aid or assistance necessary or helpful in the

circumstances to another individual who has been injured or is ill as the result of an accident or

illness, or any mechanical, external or organic trauma, or in the offering of apparently

wholesome food or an apparently fit grocery product may not be named as a defendant or held

liable in any personal injury civil action by any party in this state for acts or omissions arising out

of a situation in which emergency aid or assistance is rendered, unless it is plainly alleged in the

complaint and later proven that the individual's acts or omissions constituted intentional

misconduct or gross negligence.
N.D. Cent. Code § 32-23-06 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-06
32-23-06. Entering of declaratory judgment discretionary with court - Exception
Status: in_force

32-23-06. Entering of declaratory judgment discretionary with court - Exception

The court may refuse to render or enter a declaratory judgment or decree if such judgment

or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise

to the proceeding. However, the court shall render or enter a declaratory judgment or decree in

an action brought by or against an insurance company to determine liability of the insurance

company to the insured to defend, or duty to defend, although the insured's liability for the loss

may not have been determined.
N.D. Cent. Code § 32-01-09 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-09
32-01-09. Civil action - One form - Plaintiff and defendant defined
Status: in_force

32-01-09. Civil action - One form - Plaintiff and defendant defined

Superseded by N.D.R.Civ.P. 2.
N.D. Cent. Code § 32-09.1-16 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-16
32-09.1-16. Minimum judgment
Status: in_force

32-09.1-16. Minimum judgment

A judgment may not be rendered against a garnishee if the judgment against the defendant

is less than forty dollars, exclusive of costs, rather, the garnishee shall be discharged.
N.D. Cent. Code § 32-15-28 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-28
32-15-28. Public corporation bound by judgment
Status: in_force

32-15-28. Public corporation bound by judgment

In the event that any property is being acquired by any public corporation through

condemnation proceedings, such public corporation shall be bound by the judgment rendered

therein and within six months after the entry of such a judgment shall pay into court the full

amount of the judgment on account of damages. If the public corporation shall dismiss the

action prior to the entry of judgment thereon, the court shall award to the defendant reasonable

actual or statutory costs, or both, which shall include reasonable attorney's fees.
N.D. Cent. Code § 32-30-01 — ND Code / Title 32 / Chapter 32-30 / Section 32-30-01
32-30-01. Joint and several debtors - Procedure when summons not served on all
Status: in_force

32-30-01. Joint and several debtors - Procedure when summons not served on all

When the action is against two or more defendants, the plaintiff may proceed as follows:

1. If the action is against defendants jointly indebted upon contract and the summons is

served on one or more, the plaintiff may proceed against the defendant served, unless

the court otherwise directs, and if the plaintiff recovers judgment it may be entered

against all the defendants thus jointly indebted to the extent only that it may be

enforced against the joint property of all and the separate property of the defendants

served, and, if they are subject to arrest, against the persons of the defendants

served.

2. If the action is against defendants severally liable and one or more shall be served, the

plaintiff may proceed against the defendants served in the same manner as if they

were the only defendants.

3. If all the defendants have been served, judgment may be taken against any of them

severally, when the plaintiff would be entitled to judgment against any one or more of

such defendants if the action had been against such defendants or any of them alone.

4. If the name of one or more partners for any cause shall have been omitted in any

action in which judgment shall have been entered against the defendants named in the

summons, and such omission shall not have been pleaded in such action, the plaintiff,

in case the judgment therein shall remain unsatisfied, may recover by action of such

partner separately upon proving such partner's joint liability, notwithstanding that

partner may not have been named in the original action, but the plaintiff shall have

satisfaction of only one judgment rendered for the same claim for relief.
N.D. Cent. Code § 32-33-06 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-06
32-33-06. Stay of proceedings
Status: in_force

32-33-06. Stay of proceedings

If a stay of proceedings is not intended, the words requiring the stay must be omitted from

the writ. These words may be inserted or omitted in the sound discretion of the court, but if

omitted, the power of the inferior court or officer is not suspended nor the proceedings stayed.
N.D. Cent. Code § 32-09.1-23 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-23
32-09.1-23. Claim of exemptions - When heard
Status: in_force

32-09.1-23. Claim of exemptions - When heard

In all cases when the defendant claims the debt or property garnished to be exempt, the

claim of exemptions may be heard and determined by the court at any time after the claim is

made, on three days' notice to the plaintiff.
N.D. Cent. Code § 32-13-05 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-05
32-13-05. Complaint for usurping office - Arrest of defendant
Status: in_force

32-13-05. Complaint for usurping office - Arrest of defendant

The complaint in an action commenced against a person for usurping an office in addition to

the statement of the claim for relief also may set forth the name of the person rightfully entitled

to the office with a statement of that person's right thereto, and in such case, upon proof by

affidavit that the defendant has received fees or emoluments belonging to the office and by

means of the defendant's usurpation thereof, an order may be granted by the judge of the court

for the arrest of such defendant.
N.D. Cent. Code § 32-07-02 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-02
32-07-02. Plaintiff's affidavit
Status: in_force

32-07-02. Plaintiff's affidavit

When a delivery is claimed, an affidavit must be made by the plaintiff, or by someone in the

plaintiff's behalf, stating:

1. That the plaintiff is the owner of the property claimed, particularly describing it, or

lawfully is entitled to the possession thereof by virtue of a special property therein, the

facts in respect to which shall be set forth.

2. That the property is detained wrongfully by the defendant.

3. The alleged cause of the detention thereof according to the affiant's best knowledge,

information, and belief.

4. That the property has not been taken for a tax, assessment, or fine pursuant to a

statute, nor seized under an execution or attachment against the property of the

plaintiff, or if so seized, that it by statute is exempt from such seizure.

5. The actual value of the property.

6. That a court order has been issued authorizing delivery hereunder, and is attached:

a. Pursuant to notice to defendant and hearing on an order to show cause; or

b. Without notice to defendant if, in addition to satisfying the requirements for an

order to show cause, probable cause appears to the court that:

(1) The defendant gained possession of the property by theft or fraud;

(2) The property consists of one or more negotiable instruments or credit cards;

(3) The property is perishable and will be irreparably damaged before a hearing

can be held; or

(4) The property is in immediate danger of destruction, serious harm,

concealment, or removal from the state, or of sale to an innocent purchaser.
N.D. Cent. Code § 32-25-03 — ND Code / Title 32 / Chapter 32-25 / Section 32-25-03
32-25-03. Storage tickets prima facie evidence
Status: in_force

32-25-03. Storage tickets prima facie evidence

In any action involving the ownership or right of possession of stored grain, the storage

tickets or warehouse receipts issued by any public warehouseman or grain dealer who

commonly receives such grain for storage, in substantially the form prescribed by statute, shall

be received in evidence, and shall be prima facie evidence that grain of the kind and quantity

recited therein was received by such warehouseman at about the date of such ticket, and that

the same was the property of the person named in said receipt as having deposited the same.
N.D. Cent. Code § 32-10.1-19 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-19
32-10.1-19. Notice of appointment - Claim against receivership - Distribution to creditors
Status: in_force

32-10.1-19. Notice of appointment - Claim against receivership - Distribution to

creditors.

1. Except as otherwise provided in subsection 6, a receiver shall give notice of

appointment of the receiver to creditors of the owner by:

a. Deposit for delivery through first-class mail or other commercially reasonable

delivery method to the last-known address of each creditor; and

b. Publication as directed by the court.

2. Except as otherwise provided in subsection 6, the notice required under subsection 1

must specify the date by which each creditor holding a claim against the owner which

arose before appointment of the receiver must submit the claim to the receiver. The

date specified must be at least ninety days after the later of notice under subdivision a

of subsection 1 or last publication under subdivision b of subsection 1. The court may

extend the period for submitting the claim. Unless the court orders otherwise, a claim

that is not submitted timely is not entitled to a distribution from the receivership.

3. A claim submitted by a creditor under this section must:

a. State the name and address of the creditor;

b. State the amount and basis of the claim;

c. Identify any property securing the claim;

d. Be signed by the creditor under penalty of perjury; and

e. Include a copy of any record on which the claim is based.

4. An assignment by a creditor of a claim against the owner is effective against the

receiver only if the assignee gives timely notice of the assignment to the receiver in a

signed record.

5. At any time before entry of an order approving a receiver's final report, the receiver

may file with the court an objection to a claim of a creditor, stating the basis for the

objection. The court shall allow or disallow the claim according to any other provision

of law.

6. If the court concludes receivership property is likely to be insufficient to satisfy claims

of each creditor holding a perfected lien on the property, the court may order that:

a. The receiver need not give notice under subsection 1 of the appointment to all

creditors of the owner, but only such creditors as the court directs; and

b. Unsecured creditors need not submit claims under this section.

7. Subject to section 32-10.1-20:

a. A distribution of receivership property to a creditor holding a perfected lien on the

property must be made in accordance with the creditor's priority under any other

provision of law; and

b. A distribution of receivership property to a creditor with an allowed unsecured

claim must be made as the court directs according to any other provision of law.
N.D. Cent. Code § 32-22-15 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-15
32-22-15. Return may be controverted - Proofs
Status: in_force

32-22-15. Return may be controverted - Proofs

The party brought before the court on the return of the writ may deny or controvert any of

the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege

any fact to show either that the imprisonment or detention is unlawful or that the party is entitled

to be discharged. The court thereupon must proceed in a summary way to hear such proof as

may be produced against such imprisonment or detention, or in favor of the same, and to

dispose of such party as the justice of the case may require, and has full power and authority to

require and compel the attendance of witnesses, by process of subpoena and attachment, and

to do and perform all other acts and things necessary to a full and fair hearing and

determination of the case. The court may allow the return to be amended according to the facts

of the case, whenever it may be deemed necessary.
N.D. Cent. Code § 32-29.4-02 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-02
32-29.4-02. Scope
Status: in_force

32-29.4-02. Scope

1. This chapter governs arbitration of a family law dispute.

2. This chapter does not authorize an arbitrator to make an award that:

a. Grants a legal separation, divorce, or annulment;

b. Terminates parental rights;

c. Grants an adoption or a guardianship of a child or incapacitated individual;

d. Determines the status of dependency; or

e. Determines a child-related dispute.
N.D. Cent. Code § 32-41-05 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-05
32-41-05. Determining amount of the money of certain contract claims
Status: in_force

32-41-05. Determining amount of the money of certain contract claims

1. If an amount contracted to be paid in a foreign money is measured by a specified

amount of a different money, the amount to be paid is determined on the conversion

date.

2. If an amount contracted to be paid in a foreign money is to be measured by a different

money at the rate of exchange prevailing on a date before default, that rate of

exchange applies only to payments made within a reasonable time after default, not

exceeding thirty days. Thereafter, conversion is made at the bank-offered spot rate on

the conversion date.

3. A monetary claim is neither usurious nor unconscionable because the agreement on

which it is based provides that the amount of the debtor's obligation to be paid in the

debtor's money, when received by the creditor, must equal a specified amount of the

foreign money of the country of the creditor. If, because of unexcused delay in

payment of a judgment or award, the amount received by the creditor does not equal

the amount of the foreign money specified in the agreement, the court or arbitrator

shall amend the judgment or award accordingly.
N.D. Cent. Code § 32-20-03 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-03
32-20-03. Form of warrant
Status: repealed

32-20-03. Form of warrant

Repealed by S.L. 1985, ch. 378, § 5.
N.D. Cent. Code § 32-37-01 — ND Code / Title 32 / Chapter 32-37 / Section 32-37-01
32-37-01. Where proceeding maintained
Status: in_force

32-37-01. Where proceeding maintained

Any citizen of the United States, either natural born or naturalized, may maintain a

proceeding in accordance with this chapter in the district court of the county in which the person

resides for the purpose of having a judicial determination of the date and place of the person's

birth.
N.D. Cent. Code § 32-20-05 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-05
32-20-05. What judgment must state
Status: in_force

32-20-05. What judgment must state

In an action for the foreclosure of a lien on personal property, judgment in favor of the

plaintiff must specify the amount due on the lien and must direct a sale of the property to satisfy

the same and the costs, by a person appointed thereby, or by an officer designated therein, in

the manner provided for the sale of personal property under execution, and the application by

the person or officer of the proceeds of the sale, less the person's or officer's fees and

expenses, to the payment of the judgment and costs. It also may provide for the payment of the

surplus to the owner of the chattel and for the safekeeping of the surplus, if necessary, until it is

claimed by the owner. If the defendant upon whom the summons is served personally is liable

for the amount of the lien, or for any part thereof, judgment may be entered against the

defendant accordingly. A judgment for either the defendant or plaintiff must specify any amounts

awarded pursuant to section 32-20-04.2.
N.D. Cent. Code § 32-07-09 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-09
32-07-09. Keeping property
Status: in_force

32-07-09. Keeping property

When the sheriff shall have taken property as in this chapter provided, the sheriff shall keep

it in a secure place and shall deliver it to the party entitled thereto upon receiving the sheriff's

lawful fees for taking and the sheriff's necessary expenses for keeping the same.
N.D. Cent. Code § 32-12.1-11 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-11
32-12.1-11. Judgment against political subdivision - Levy authority - Additional tax levy for insured subdivisions
Status: in_force

32-12.1-11. Judgment against political subdivision - Levy authority - Additional tax

levy for insured subdivisions.

If a final judgment is obtained or a settlement is agreed for a claim against any political

subdivision, except a school district, the governing body of the political subdivision may by

resolution provide for the levy and collection of an annual tax not exceeding the limitation in

section 57-15-28.1 upon the taxable valuation of property within the political subdivision for the

payment of such judgment. This section also applies to a judgment obtained or a settlement

agreed for a claim against the political subdivision by the state or any agency or instrumentality

of the state.
N.D. Cent. Code § 32-29.4-17 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-17
32-29.4-17. Correction by court of unconfirmed award
Status: in_force

32-29.4-17. Correction by court of unconfirmed award

1. On motion of a party made not later than ninety days after an arbitrator gives notice

under subsection 1 of section 32-29.4-14 of an award, including an award corrected

under section 32-29.4-16, the court shall correct the award if:

a. The award has an evident mathematical miscalculation or an evident mistake in

the description of a person, thing, or property;

b. The award is imperfect in a matter of form not affecting the merits of the issues

submitted; or

c. The arbitrator made an award on a dispute not submitted to the arbitrator and the

award may be corrected without affecting the merits of the issues submitted.

2. A motion under this section to correct an award may be joined with a motion to vacate

or amend the award under section 32-29.4-18.

3. Unless a motion under section 32-29.4-18 is pending, the court may confirm a

corrected award under section 32-29.4-15.
N.D. Cent. Code § 32-27-05 — ND Code / Title 32 / Chapter 32-27 / Section 32-27-05
32-27-05. Judgment
Status: in_force

32-27-05. Judgment

If, after the hearing, the court is satisfied that the petitioner is a bona fide citizen of the state

of North Dakota, it shall make appropriate findings of fact and conclusions of law and shall order

a judgment to that effect and such judgment shall be entered in the office of the clerk of the

district court upon such order. If the court is not satisfied that the petitioner is a bona fide citizen

of the state of North Dakota, it shall make appropriate findings of fact and conclusions of law

and shall order the entry of a judgment denying the petition, and a judgment shall be entered

upon such order reciting the dismissal and denial of the petition. A judgment establishing the

citizenship of a petitioner shall be entitled to full faith and credit in the same manner as any

other judgment of the courts of this state.
N.D. Cent. Code § 32-15-21 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-21
32-15-21. Power of court
Status: in_force

32-15-21. Power of court

1. The court shall have power:

a. To regulate and determine the place and manner of making connections and

crossings, or of enjoying the common use mentioned in subsection 6 of section

32-15-04.

b. To hear and determine all adverse or conflicting claims to the property sought to

be condemned and to the damages for the property.

c. To determine the respective rights of different parties seeking condemnation of

the same property.

2. Notwithstanding any other provision of law, if a route permit is required under chapter

49-22 or 49-22.1, the court may order the taking by eminent domain conditioned on

the receipt of the route permit.
N.D. Cent. Code § 32-06-08 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-08
32-06-08. Injunction against corporation or limited liability company - When granted
Status: in_force

32-06-08. Injunction against corporation or limited liability company - When granted

Superseded by N.D.R.Civ.P., Rule 65.
N.D. Cent. Code § 32-14-06 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-06
32-14-06. Judgment includes costs - Commitment - Execution
Status: in_force

32-14-06. Judgment includes costs - Commitment - Execution

In each case when judgment is recovered pursuant to this chapter, it also shall include the

costs of the action, and it shall direct that if the same is not paid, the defendant shall be

committed to the county jail of the proper county there to be imprisoned for a specified time, not

exceeding six months. Such period shall be fixed by the court in view of all the circumstances of

the case, or until otherwise discharged pursuant to law. In such case a commitment shall issue

as in an ordinary criminal action. This section shall not prevent the enforcement of any such

judgment by execution at any time within one year from its rendition.
N.D. Cent. Code § 32-10-03 — ND Code / Title 32 / Chapter 32-10 / Section 32-10-03
32-10-03. Qualification of receiver
Status: in_force

32-10-03. Qualification of receiver

Before entering upon the duties of receiver, the receiver must be sworn to perform them

faithfully, and, with one or more sureties approved by the court or judge, must execute an

undertaking to such person and in such sum as the court may direct, to the effect that the

receiver will faithfully discharge the duties of receiver in the action and will obey the orders of

the court therein.
N.D. Cent. Code § 32-15-22.1 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-22.1
32-15-22.1. Eminent domain - Compensation for moving personal property
Status: repealed

32-15-22.1. Eminent domain - Compensation for moving personal property

Repealed by S.L. 1973, ch. 407, § 17.
N.D. Cent. Code § 32-29.4-09 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-09
32-29.4-09. Party participation
Status: in_force

32-29.4-09. Party participation

1. A party may:

a. Be represented in an arbitration by an attorney;

b. Be accompanied by an individual who will not be called as a witness or act as an

advocate; and

c. Participate in the arbitration to the full extent permitted under the law and

procedural rules of this state other than this chapter governing a party's

participation in contractual arbitration.

2. A party or representative of a party may not communicate ex parte with the arbitrator

except to the extent allowed in a family law proceeding for communication with a

judge.
N.D. Cent. Code § 32-03-09.2 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-09.2
32-03-09.2. Liability for willful damages to property
Status: in_force

32-03-09.2. Liability for willful damages to property

Any person convicted of criminal mischief shall be responsible for the actual damages to

real and personal property and such damages may be recovered in a civil action in a court of

competent jurisdiction. Additionally, any minor against whose parents a judgment may be

entered pursuant to section 32-03-39 for damages resulting from action of the minor shall be

jointly and severally liable with the parents of the minor for such action up to the maximum

amount provided in section 32-03-39 and solely liable for any damages over that amount. Any

judgment rendered pursuant to this section shall not be discharged in bankruptcy and shall not

be subject to the statutes of limitations provided in chapter 28-01, nor shall such judgment be

canceled pursuant to section 28-20-35.
N.D. Cent. Code § 32-03-44 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-44
32-03-44. Immunity of officers, directors, and trustees of nonprofit organizations
Status: in_force

32-03-44. Immunity of officers, directors, and trustees of nonprofit organizations

Any person who serves as a director, officer, or trustee of a nonprofit organization that is, or

would qualify as a nonprofit organization that is, described in paragraphs 3, 4, 5, 6, 7, 10, and

19 of section 501(c) of the Internal Revenue Code of 1954 as amended [26 U.S.C. 501(c)(3),

(4), (5), (6), (7), (10), and (19)], is immune from civil liability for any act or omission resulting in

damage or injury if at the time of the act or omission all of the following are met:

1. The officer, director, or trustee was acting in good faith and in the scope of that

person's official duties as a director, officer, or trustee of the nonprofit organization.

2. The act or omission did not constitute willful misconduct or gross negligence on the

part of the officer, director, or trustee.

3. The officer, director, or trustee did not receive or expect to receive reimbursement for

or payment of expenses in excess of two thousand dollars per year for expenses

actually incurred as a result of providing services as a director, officer, or trustee of the

nonprofit organization and did not receive or expect to receive compensation or

anything in lieu of compensation as payment for services provided as a director,

officer, or trustee of the nonprofit organization.
N.D. Cent. Code § 32-03-37 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-37
32-03-37. Damages must be reasonable
Status: in_force

32-03-37. Damages must be reasonable

Damages in all cases must be reasonable, and when an obligation of any kind appears to

create a right to unconscionable and grossly oppressive damages contrary to substantial justice,

no more than reasonable damages can be recovered.
N.D. Cent. Code § 32-28-03 — ND Code / Title 32 / Chapter 32-28 / Section 32-28-03
32-28-03. Change of name of city - Petition
Status: in_force

32-28-03. Change of name of city - Petition

Whenever it may be desirable to change the name of any city in this state, a petition for that

purpose may be filed in the district court of the county in which the city is situated, setting forth

the reason for the change of name and the name requested. The court may order the change of

name, on being satisfied by proof that:

1. The request of the petitioners is just, proper, and reasonable.

2. Notice has been provided as required in section 32-28-02.

3. Two-thirds of the qualified electors of the city, as determined by the vote cast for the

office of governor at the last preceding gubernatorial election, have signed such

petition expressing their desire that such change of name be granted.

4. There is no other city in this state with the requested name.
N.D. Cent. Code § 32-12.1-01 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-01
32-12.1-01. Legislative intent
Status: in_force

32-12.1-01. Legislative intent

This chapter creates additional powers and optional and alternative methods for the single

and specific purpose of enabling political subdivisions to pay and to compromise claims and

judgments, to issue bonds to fund and satisfy the same, to levy taxes in amounts necessary for

such purposes without respect to limitations otherwise existing, and to compromise judgments

and make periodic payments on such compromised amount.
N.D. Cent. Code § 32-03-06 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-06
32-03-06. When accepting principal waives interest
Status: in_force

32-03-06. When accepting principal waives interest

Accepting payment of the whole principal as such waives all claim to interest, unless

interest is provided for expressly in the contract.
N.D. Cent. Code § 32-17-07 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-07
32-17-07. Service on unknown defendants - How made - Affidavit for publication
Status: in_force

32-17-07. Service on unknown defendants - How made - Affidavit for publication

Service of the summons in an action may be had upon all unknown persons defendant by

publication in the manner provided by law for service by publication upon defendants whose

residence is unknown, but as to such unknown persons defendant the affidavit for publication

shall be required to state in substance the following facts: That the interests of such unknown

persons defendant in the land described in the complaint are not shown of record in the office of

the recorder, the clerk of the district court, or the county auditor of the county in which such land

lies, and the affiant does not know and is unable to ascertain the names, residences, or

post-office addresses of any of the persons who are proceeded against as unknown persons

defendant. The affidavit or complaint shall show further that the relief sought in the action

consists wholly or partly in excluding the defendants from any interest in or lien upon specific

real property in this state, and where jurisdiction is sought to be obtained against unknown

persons under the provisions of this section, the summons shall state where the complaint is or

will be filed, and there shall be subjoined to the summons as published a notice signed by the

plaintiff's attorney containing a description of the land to which such action relates. Unknown

corporations and limited liability companies claiming interests are included within the word

"persons" as used in this chapter.
N.D. Cent. Code § 32-15-11 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-11
32-15-11. Service complete, when
Status: repealed

32-15-11. Service complete, when

Repealed by omission from this code.
N.D. Cent. Code § 32-20-08 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-08
32-20-08. Other remedies not affected
Status: in_force

32-20-08. Other remedies not affected

This chapter does not affect any right or remedy to foreclose or otherwise enforce or satisfy

a lien upon or security interest in personal property without action as prescribed in sections

41-09-98 through 41-09-123.
N.D. Cent. Code § 32-41-09 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-09
32-41-09. Prejudgment and judgment interest
Status: in_force

32-41-09. Prejudgment and judgment interest

1. With respect to a foreign-money claim, recovery of prejudgment or preaward interest

and the rate of interest to be applied in the action or distribution proceeding, except as

provided in subsection 2, are matters of the substantive law governing the right to

recovery under the conflict-of-laws rules of this state.

2. The court or arbitrator shall increase or decrease the amount of prejudgment or

preaward interest otherwise payable in a judgment or award in foreign money to the

extent required by the law of this state governing a failure to make or accept an offer of

settlement or offer of judgment, or conduct by a party, or its attorney causing undue

delay or expense.

3. A judgment or award on a foreign-money claim bears interest at the rate applicable to

judgments of this state.
N.D. Cent. Code § 32-10.1-22 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-22
32-10.1-22. Final report of receiver - Discharge
Status: in_force

32-10.1-22. Final report of receiver - Discharge

1. On completion of a receiver's duties, the receiver shall file a final report that includes:

a. A description of the activities of the receiver in the conduct of the receivership;

b. A list of receivership property at the commencement of the receivership and any

receivership property received during the receivership;

c. A list of disbursements, including payments to professionals engaged by the

receiver;

d. A list of dispositions of receivership property;

e. A list of distributions made or proposed to be made from the receivership for

creditor claims;

f. If not filed separately, a request for approval of the payment of fees and expenses

of the receiver; and

g. Any other information required by the court.

2. If the court approves a final report filed under subsection 1 and the receiver distributes

all receivership property, the receiver is discharged.
N.D. Cent. Code § 32-40.1-02 — ND Code / Title 32 / Chapter 32-40.1 / Section 32-40.1-02
32-40.1-02. Third-party liability - Environmental damage
Status: in_force

32-40.1-02. Third-party liability - Environmental damage

1. Except as preempted by federal law, a person may not be deemed to be an owner or

operator of property who, without participating in the management of the property,

holds indicia of ownership primarily to protect a security or lien hold interest in the

property or in property in which the property is located.

2. A lender-owner or representative is not by virtue of becoming the owner of property

liable for any third-party liability arising from contamination or pollution emanating from

the property before the date the title vests in the lender-owner or representative. For

the purposes of this section, the issuance of a sheriff's certificate of sale is not

sufficient to vest title in the lender-owner or representative.

3. A lender-owner or representative is not by virtue of becoming the owner of property

liable for any third-party liability arising from contamination or pollution emanating from

the property during the period of ownership so long as, and to the extent that:

a. The lender-owner or representative does not knowingly cause new contamination

or pollution or does not knowingly allow others to cause new contamination or

pollution;

b. The lender-owner has, in good faith, caused an individual, including an officer or

employee of the lender-owner, possessing the requisite knowledge and

experience to conduct a visual inspection of the property to determine the

presence and condition of hazardous wastes or substances and obvious

contamination or pollution; and

c. The lender-owner found by the enforcing agency to be in noncompliance with

federal or state laws takes steps to assure compliance with applicable laws.
N.D. Cent. Code § 32-19-09 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-09
32-19-09. Certificate of sale - Deed and effect
Status: in_force

32-19-09. Certificate of sale - Deed and effect

At the sheriff's sale, the person making the sale must give to the purchaser a certificate of

sale as provided by section 28-23-11, and at the expiration of the time for the redemption, if not

redeemed, the person making the sale, or the successor in office, must give the purchaser, the

purchaser's heirs, or assigns, or to any person who has acquired the title of the purchaser by

redemption or otherwise, a deed. The deed vests in the grantee all the right, title, and interest of

the mortgagor in and to the property sold, at the time the mortgage was executed or

subsequently acquired by the mortgagor and is a bar to all claim, right, or equity of redemption

in or to the property by the parties to the action, their heirs and personal representatives, and

also against all persons claiming under them, or any of them, subsequent to the

commencement of the action.
N.D. Cent. Code § 32-30-06 — ND Code / Title 32 / Chapter 32-30 / Section 32-30-06
32-30-06. Further pleadings
Status: in_force

32-30-06. Further pleadings

Further pleadings and proceedings shall be as provided in the North Dakota Rules of Civil

Procedure.
N.D. Cent. Code § 32-35-04 — ND Code / Title 32 / Chapter 32-35 / Section 32-35-04
32-35-04. Other laws applicable
Status: in_force

32-35-04. Other laws applicable

The provisions of sections 32-34-04 through 32-34-13 for the proceeding under the writ of

mandamus apply to this proceeding.
N.D. Cent. Code § 32-19-27 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-27
32-19-27. Proofs relative to notice - How made and filed
Status: in_force

32-19-27. Proofs relative to notice - How made and filed

Proof of service of notice before foreclosure may be made by the return of a sheriff or other

officer, or by affidavit of the person making personal service or mailing such notice. Proof of

death of the title owner of record may be made by a certified copy of the death certificate or by

affidavit of any person having knowledge of the fact. Proof of any other fact necessary to show

the notice was properly served, service was attempted and refused or unclaimed, or the

property is abandoned may be made by certificate of a proper officer or of an abstracter or by

affidavit of any person having knowledge of the facts. Such proofs together with the notice must

be filed with the complaint in any action for the foreclosure of a mortgage and must be recorded

with the notice and certificate of sale in foreclosures by advertisement.
N.D. Cent. Code § 32-16-37 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-37
32-16-37. Investment of unknown owner's or nonresident's share
Status: in_force

32-16-37. Investment of unknown owner's or nonresident's share

If there are proceeds of a sale belonging to an unknown owner or to a person without the

state who has no legal representative within it, the proceeds must be invested in bonds of the

United States for the benefit of the persons entitled thereto.
N.D. Cent. Code § 32-07-10 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-10
32-07-10. Claim by third person
Status: in_force

32-07-10. Claim by third person

If the property taken is claimed by any person other than the defendant or the defendant's

agent, and such person shall make affidavit of such person's title thereto and right to the

possession thereof, stating the grounds of such right and title, and shall serve the same upon

the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless

the plaintiff on demand shall indemnify the sheriff against such claim by an undertaking

executed by two sureties in the amount of the value of the property as specified in the affidavit

of the plaintiff. No claim to such property by any person other than the defendant or the

defendant's agent shall be valid against the sheriff, unless made as aforesaid, and

notwithstanding such claim, when so made, the sheriff may retain the property a reasonable

time to demand such indemnity.
N.D. Cent. Code § 32-29.4-08 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-08
32-29.4-08. Disclosure by arbitrator - Disqualification
Status: in_force

32-29.4-08. Disclosure by arbitrator - Disqualification

1. Before agreeing to serve as an arbitrator, an individual, after making reasonable

inquiry, shall disclose to all parties any known fact a reasonable person would believe

is likely to affect:

a. The impartiality of the arbitrator in the arbitration, including bias, a financial or

personal interest in the outcome of the arbitration, or an existing or past

relationship with a party, attorney representing a party, or witness; or

b. The arbitrator's ability to make a timely award.

2. An arbitrator, the parties, and the attorneys representing the parties have a continuing

obligation to disclose to all parties any known fact a reasonable person would believe

is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a

timely award.

3. An objection to the selection or continued service of an arbitrator and a motion for a

stay of arbitration and disqualification of the arbitrator must be made under the law and

procedural rules of this state other than this chapter governing arbitrator

disqualification.

4. If a disclosure required by subdivision a of subsection 1 or subsection 2 is not made,

the court may:

a. On motion of a party not later than thirty days after the failure to disclose is known

or by the exercise of reasonable care should have been known to the party,

suspend the arbitration;

b. On timely motion of a party, vacate an award under subdivision b of subsection 1

of section 32-29.4-18; or

c. If an award has been confirmed, grant other appropriate relief under law of this

state other than this chapter.

5. If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties

by agreement may select a new arbitrator or request the court to select another

arbitrator as provided in section 32-29.4-07.
N.D. Cent. Code § 32-22-36 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-36
32-22-36. Prisoners may not be removed from one prison to another - Exceptions
Status: repealed

32-22-36. Prisoners may not be removed from one prison to another - Exceptions

Repealed by S.L. 1997, ch. 114, § 8.
N.D. Cent. Code § 32-38-04 — ND Code / Title 32 / Chapter 32-38 / Section 32-38-04
32-38-04. Release or covenant not to sue
Status: in_force

32-38-04. Release or covenant not to sue

When a release or a covenant not to sue or not to enforce judgment is given in good faith to

one of two or more persons liable in tort for the same injury or the same wrongful death:

1. It does not discharge any of the other tort-feasors from liability for the injury or

wrongful death unless its terms so provide; but it reduces the claim against the others

to the extent of any amount stipulated by the release or the covenant, or in the amount

of the consideration paid for it, whichever is the greater.

2. It discharges the tort-feasor to whom it is given from all liability for contribution to any

other tort-feasor.
N.D. Cent. Code § 32-15-06.1 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-06.1
32-15-06.1. Duty to negotiate - Just compensation - Appraisals
Status: in_force

32-15-06.1. Duty to negotiate - Just compensation - Appraisals

1. A condemnor shall make every reasonable and diligent effort to acquire property by

negotiation.

2. Before initiating negotiations for the purchase of property, the condemnor shall

establish an amount which it believes to be just compensation therefor and promptly

shall submit to the owner an offer to acquire the property for the full amount so

established. The amount shall not be less than the condemnor's approved appraisal or

written statement and summary of just compensation for the property.

3. In establishing the amount believed to be just compensation, the condemnor shall

disregard any decrease or increase in the fair market value of the property caused by

the project for which the property is to be acquired or by the reasonable likelihood that

the property will be acquired for that project, other than a decrease due to physical

deterioration within the reasonable control of the owner.

4. The condemnor shall provide the owner of the property with a written appraisal, if one

has been prepared, or if one has not been prepared, with a written statement and

summary, showing the basis for the amount it established as just compensation for the

property. If appropriate, the compensation for the property to be acquired and for the

damages to remaining property shall be separately stated.
N.D. Cent. Code § 32-17-05 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-05
32-17-05. Joinder of defendants
Status: in_force

32-17-05. Joinder of defendants

In an action to determine adverse claims, all persons appearing of record to have estates or

interests in, or liens or encumbrances upon, the property, and all persons in possession, may be

joined as defendants, and all others may be joined by inserting in the title of the action the

following: "All other persons unknown claiming any estate or interest in, or lien or encumbrance

upon, the property described in the complaint".
N.D. Cent. Code § 32-34-02 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-02
32-34-02. When issued
Status: in_force

32-34-02. When issued

The writ must be issued in all cases when there is not a plain, speedy, and adequate

remedy in the ordinary course of law. It must be issued upon affidavit upon the application of the

party beneficially interested except those writs issued sua sponte by the supreme court.
N.D. Cent. Code § 32-15-17 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-17
32-15-17. Issues tried at any term of court
Status: in_force

32-15-17. Issues tried at any term of court

The trial of any action under this chapter may be had at any general, special, or adjourned

term of district court, held or called in the county in which such action may be pending, and such

action may be tried at any such term. If issue is not joined prior to the commencement of any

regular, special, or adjourned term, the plaintiff nevertheless may require said cause to be tried

on such day thereof as the court may order, but plaintiff shall serve upon the opposite party, or

parties, a seven days' notice of trial, specifying the date of trial, as fixed by order of the court.
N.D. Cent. Code § 32-03-21 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-21
32-03-21. Damages for wrongful occupation of realty
Status: in_force

32-03-21. Damages for wrongful occupation of realty

The detriment caused by the wrongful occupation of real property in cases not embraced in

sections 32-03-22, 32-03-27, 32-03-28, and 32-03-29 is deemed to be the value of the use of

the property for the time of such occupation, not exceeding six years next preceding the

commencement of the action or proceeding to enforce the right to damages and the costs, if

any, of recovering the possession.
N.D. Cent. Code § 32-29.3-13 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-13
32-29.3-13. Action by majority
Status: in_force

32-29.3-13. Action by majority

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a

majority of the arbitrators, but all of them must conduct the hearing under subsection 3 of

section 32-29.3-15.
N.D. Cent. Code § 32-16-33 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-33
32-16-33. Report of sale
Status: in_force

32-16-33. Report of sale

After completing a sale of property, or any part thereof, ordered to be sold, the referees

must report the same to the court, with a description of the different parcels of land sold to each

purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the

sale, and the securities, if any, taken. The report must be filed in the office of the clerk of the

district court where the action is pending.
N.D. Cent. Code § 32-11-02 — ND Code / Title 32 / Chapter 32-11 / Section 32-11-02
32-11-02. Voluntary deposit in court of property adversely claimed
Status: in_force

32-11-02. Voluntary deposit in court of property adversely claimed

Whenever two or more persons make claim for the whole or any part of the same money,

personal property, or effects in the possession or control of any other person as bailee or

otherwise, and the right of any such claimant is adverse to the right of any other claimant, or is

disputed or doubtful, and the bailee, custodian, or person in control of any part of such property,

money, or effects is unable to determine to whom the same rightfully belongs, or who is rightfully

entitled to the possession thereof, or whenever such bailee, custodian, or person in control has

notice or knowledge of any right or claim of right of any person in or to any part of such property,

money, or effects adverse to the right of any other claimant therefor, or whenever any debt,

money, property, or effects owing by or in the possession or under the control of any person

may be attached by garnishment or other process, and there is any dispute as to who is entitled

to the same or any part thereof, in any such case the person in the possession or control of any

such property, money, or effects:

1. If an action in any form has been commenced for or on account of, or growing out of

the same, or in which the same has been attached as aforesaid, may pay such money

or deliver such property or effects to the clerk of the court in which any such action

having reference to said money, property, or effects, or the value thereof, may be

pending, or out of which any garnishment or other process may issue with reference

thereto.

2. If no such suit is commenced, may apply to the district court of the district where such

property, money, or effects may be situated, and upon showing to the satisfaction of

the court the existence of facts bringing such person within the operation of this

section, such court shall make an order designating a depositary with whom such

property, money, or effects may be deposited by the applicant for such order.

In either case such person in the possession or control of such property, money, or effects at

once shall notify personally or by registered or certified mail all persons of whose claims such

person may have notice or knowledge, having or claiming any interest, property, lien, or right in,

to, or upon such property, money, or effects, of such deposit, and upon giving such notice the

person so depositing the same thereupon shall be relieved from further liability to any person on

account of such property, money, or effects, but such depositor may be required upon the

application of any party interested therein to appear and make disclosure before the court in

which any such action may be pending or by which any order designating a depositor may be

made concerning such property, money, debts, or effects held, controlled, or owed by the

depositor. If the address of any persons having or making any claim as aforesaid cannot be

ascertained, an affidavit to that effect shall be filed with the depositary, and the giving of such

notice shall not be required in such case.
N.D. Cent. Code § 32-23-07 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-07
32-23-07. Review of declaratory judgment
Status: in_force

32-23-07. Review of declaratory judgment

All orders, judgments, and decrees under this chapter may be reviewed as other orders,

judgments, and decrees.
N.D. Cent. Code § 32-42-02 — ND Code / Title 32 / Chapter 32-42 / Section 32-42-02
32-42-02. Noneconomic damages limited - Reduction of award
Status: in_force

32-42-02. Noneconomic damages limited - Reduction of award

With respect to a health care malpractice action or claim, the total amount of compensation

that may be awarded to a claimant or members of the claimant's family for noneconomic

damage resulting from an injury alleged under the action or claim may not exceed five hundred

thousand dollars, regardless of the number of health care providers and other defendants

against whom the action or claim is brought or the number of actions or claims brought with

respect to the injury. With respect to actions heard by a jury, the jury may not be informed of the

limitation contained in this section. If necessary, the court shall reduce the damages awarded by

a jury to comply with the limitation in this section.
N.D. Cent. Code § 32-32-01 — ND Code / Title 32 / Chapter 32-32 / Section 32-32-01
32-32-01. Definition
Status: in_force

32-32-01. Definition

"Special proceedings" within the meaning of this chapter shall include the writs of certiorari,

mandamus, and prohibition.
N.D. Cent. Code § 32-03.2-04 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-04
32-03.2-04. Economic and noneconomic damages for wrongful death or injury to person
Status: in_force

32-03.2-04. Economic and noneconomic damages for wrongful death or injury to

person.

In any civil action for damages for wrongful death or injury to a person and whether arising

out of breach of contract or tort, damages may be awarded by the trier of fact as follows:

1. Compensation for economic damages, which are damages arising from medical

expenses and medical care, rehabilitation services, custodial care, loss of earnings

and earning capacity, loss of income or support, burial costs, cost of substitute

domestic services, loss of employment or business or employment opportunities and

other monetary losses.

2. Compensation for noneconomic damages, which are damages arising from pain,

suffering, inconvenience, physical impairment, disfigurement, mental anguish,

emotional distress, fear of injury, loss or illness, loss of society and companionship,

loss of consortium, injury to reputation, humiliation, and other nonpecuniary damage.
N.D. Cent. Code § 32-16-07 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-07
32-16-07. Requisites of answers
Status: in_force

32-16-07. Requisites of answers

The defendants who have been served personally with the summons and a copy of the

complaint, or who have appeared without such service, must set forth in their answer, fully and

particularly, the origin, nature, and extent of their respective interests in the property, and if such

defendants claim a lien on the property by mortgage, judgment, or otherwise, they must state

the original amount and date of the same, and the sum remaining due thereon, whether the

same has been secured in any other way or not, and, if secured, the nature and extent of such

security, or they are deemed to have waived their right to such lien.
N.D. Cent. Code § 32-20-04.1 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-04.1
32-20-04.1. Special answer to warrant - Trial
Status: in_force

32-20-04.1. Special answer to warrant - Trial

Within ten days after notice of the issuing of a warrant to seize the defendant's property, the

defendant may, by special answer, deny the existence, at the time of the making of the affidavit,

of the material facts stated therein, and may assert undue hardship as a defense. The issue so

raised must be tried by the court before the trial of the action, and the burden of proof is upon

the plaintiff. If the defendant has made an assignment for the benefit of the defendant's

creditors, the defendant's assignee may answer and defend pursuant to this section.
N.D. Cent. Code § 32-09.1-05 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-05
32-09.1-05. Service on office of management and budget - Fees
Status: in_force

32-09.1-05. Service on office of management and budget - Fees

Service upon the state of North Dakota, or any state institution, department, or agency, as

garnishee, may be made upon the director of the office of management and budget, or the

director's authorized designee, in the manner provided by law for service in garnishment

proceedings, including the fee to be tendered and paid the office of management and budget for

making and filing an affidavit of disclosure in the amount of forty dollars. The fee must be

deposited in the state treasury. The director of the office of management and budget may

provide for an optional electronic method of service for which disclosure fees are not required.
N.D. Cent. Code § 32-09.1-08 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-08
32-09.1-08. Service
Status: in_force

32-09.1-08. Service

1. The garnishee summons and notice to defendant shall be served upon the garnishee

in the same manner as other summons in that court of record except that service must

be personal.

2. Service of a garnishee summons and disclosure statement upon a bank or credit union

must be made by delivery of the summons and disclosure statement to a specifically

named president or vice president of the bank or credit union or to the registered agent

for service of process of the bank or credit union. Delivery of the summons and

disclosure statement to the specifically named individual may be in hand as

established by the sworn affidavit of the individual who delivered the summons and

disclosure statement or by any form of mail or third-party commercial delivery service,

if delivery is restricted to the named individual or registered agent and the sender

receives a receipt signed by that individual or registered agent.

3. A plaintiff shall serve with the garnishee summons a disclosure form, substantially as

set out in this chapter. The plaintiff may also serve interrogatories with the garnishee

summons. A copy of the garnishee summons and copies of all other papers served on

the garnishee must be served personally upon the defendant in accordance with the

North Dakota Rules of Civil Procedure for personal service or served by first-class mail

not later than ten days after service is made upon the garnishee. A single garnishee

summons may be addressed to two or more garnishees but must state whether each

is summoned separately or jointly.
N.D. Cent. Code § 32-17-03 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-03
32-17-03. Joinder of plaintiffs
Status: in_force

32-17-03. Joinder of plaintiffs

Any two or more persons having an estate or interest in, or lien or encumbrance upon, real

property, under a common source of title, whether holding as tenants in common, joint tenants,

copartners, or in severalty, may unite in an action against any person claiming an adverse

estate or interest therein, or lien or encumbrance thereon, for the purpose of determining such

adverse claim, or establishing such common source of title, or declaring the same to be held in

trust, or of removing a cloud upon the same.
N.D. Cent. Code § 32-15-05 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-05
32-15-05. What must appear before property taken
Status: in_force

32-15-05. What must appear before property taken

Before property can be taken it must appear:

1. That the use to which it is to be applied is a use authorized by law.

2. That the taking is necessary to such use.

3. If already appropriated to some public use, that the public use to which it is to be

applied is a more necessary public use.
N.D. Cent. Code § 32-03-55 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-55
32-03-55. Immunity for report of suspected exploitation of disabled or vulnerable elderly adult
Status: in_force

32-03-55. Immunity for report of suspected exploitation of disabled or vulnerable

elderly adult.

A financial institution or financial institution employee participating in good faith in the

making of a report of suspected exploitation of a disabled adult or vulnerable elderly adult to a

government agency or law enforcement agency, assisting in an investigation of suspected

exploitation of a disabled adult or vulnerable elderly adult by a government agency or law

enforcement agency, or furnishing information to a government agency or law enforcement

agency about suspected exploitation of a disabled adult or vulnerable elderly adult is immune

from any liability, civil or criminal, that might otherwise result from reporting a suspected case of

exploitation of a disabled adult or vulnerable elderly adult. For purposes of any proceeding, civil

or criminal, the good faith of a financial institution making a report of suspected exploitation of a

disabled adult or vulnerable elderly adult to a government agency or law enforcement agency

must be presumed.
N.D. Cent. Code § 32-19-02 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-02
32-19-02. Power of attorney required - Exceptions
Status: repealed

32-19-02. Power of attorney required - Exceptions

Repealed by S.L. 1981, ch. 355, § 1.
N.D. Cent. Code § 32-19-08 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-08
32-19-08. Sales made by whom and where - Notice
Status: in_force

32-19-08. Sales made by whom and where - Notice

A sale of mortgaged premises under a judgment of foreclosure must be made in the county

where the premises or some part of the premises are situated. The sale must be made by the

sheriff of that county, the sheriff's deputy, or by some person appointed by the court for that

purpose, upon the notice and in the manner prescribed by law for the sale of real property upon

execution.
N.D. Cent. Code § 32-09.1-04 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-04
32-09.1-04. Notice before garnishment of earnings - Notice of renewal of garnishment of earnings
Status: in_force

32-09.1-04. Notice before garnishment of earnings - Notice of renewal of garnishment

of earnings.

1. At least ten days before the issuance of any garnishee summons against the earnings

of any person, the creditor shall serve upon the debtor a notice that a garnishee

summons may be issued. The notice must be served personally or by first-class mail.

Failure to serve the notice renders any subsequent garnishment void. The notice must

be in substantially the following form:

To: _____________________ Date: _______________

Debtor

Please take notice that a garnishee summons that will require part of your

wages to be withheld may be served upon your employer, without any further

court proceedings or notice to you, at any time after ten days following the date of

this notice. For each dependent family member residing with you, the amount

subject to garnishment for any workweek may be reduced by twenty dollars, if

within ten days after receipt of the garnishee summons you provide to your

employer a list signed by you, under penalty of perjury, of the dependent family

members residing with you and their social security numbers, if any. If you

provide the list of dependents after the ten-day period, the exemptions you claim

will apply only to the amounts subject to garnishment after the date you provide

the list. You may wish to contact the undersigned judgment creditor or attorney to

arrange for the settlement of the debt, which is $____________________.

________________________

Judgment Creditor

Address

2. As an alternative to subsection 1, if a creditor renews an expiring continuing lien on

wages under section 32-09.1-21, at least ten days but no more than twenty days

before the expiration of the continuing lien on wages, the creditor may serve upon the

debtor a notice that a garnishee summons may be reissued for a continuing lien on

wages under section 32-09.1-21. The notice must be served personally or by

first-class mail. Failure to serve the notice renders any subsequent garnishment void.

The notice must be in substantially the following form:

To: _____________________ Date: _______________

Debtor

Please take notice that a garnishee summons that will require part of your

wages to be withheld may be served upon your employer without any further

court proceedings or notice to you. This action is a renewal of the current

garnishment order for this case. For each dependent family member residing with

you, the amount subject to garnishment for any workweek may be reduced by

twenty dollars, if within ten days after receipt of the garnishee summons you

provide to your employer a list signed by you, under penalty of perjury, of the

dependent family members residing with you and their social security numbers, if

any. If you provide the list of dependents after the ten-day period, the exemptions

you claim will apply only to the amounts subject to garnishment after the date you

provide the list. You may wish to contact the undersigned judgment creditor or

attorney to arrange for the settlement of the debt, which is $

____________________.

________________________

Judgment Creditor

Address

3. In addition to the notice required under subsection 1 or 2, the creditor shall serve a

garnishment debtor's list in substantially the following form under the caption of the

case:

To: Garnishee

I, under penalty of perjury, __________ (garnishment debtor) certify and affirm

that the following persons are my dependents and they reside in my household

and I claim the garnishment exemptions as provided by NDCC 32-09.1-03(2):

Name Social Security Number

_________________ ________________

_________________ ________________

_________________ ________________

Dated this __________ day of ____________ , _______.

_______________________

Garnishment Debtor
N.D. Cent. Code § 32-23-11 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-11
32-23-11. Parties
Status: in_force

32-23-11. Parties

When declaratory relief is sought, all persons who have or claim any interest that would be

affected by the declaration must be made parties, and a declaration may not prejudice the rights

of persons not parties to the proceeding. In any proceeding that involves the validity of a

municipal ordinance or franchise, the municipality must be made a party, and is entitled to be

heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney

general of the state must be served with a copy of the proceeding and is entitled to be heard.

Any trade or professional association authorized to do, and doing, business in the state and

whose members are licensed and regulated by state or federal agencies has standing to bring

an action for declaratory judgment to determine any question of construction or validity of any

statute, ordinance, resolution, rule, or regulation that threatens to injure its members.
N.D. Cent. Code § 32-21-06 — ND Code / Title 32 / Chapter 32-21 / Section 32-21-06
32-21-06. Compromise of action
Status: in_force

32-21-06. Compromise of action

The person entitled to bring the action may compromise the same, or the right thereto, and

such compromise shall be binding upon all persons authorized to bring the action or to share in

the recovery.
N.D. Cent. Code § 32-15-25 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-25
32-15-25. When judgment paid
Status: in_force

32-15-25. When judgment paid

The plaintiff, within thirty days after the entry of final judgment, must pay the sum of money

assessed, except where school or public land upon which no contract is outstanding is taken for

public use under this chapter, the plaintiff shall pay for such land as follows: one-fifth of the sale

price in cash at the time of the sale; one-fifth of the purchase price each five years thereafter on

the anniversary date of the sale, with interest at the rate of not less than three percent per

annum, payable annually in advance.
N.D. Cent. Code § 32-15-29 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-29
32-15-29. When possession taken - How money paid defendant - Acceptance - Abandonment of defenses
Status: in_force

32-15-29. When possession taken - How money paid defendant - Acceptance -

Abandonment of defenses.

At any time after the entry of judgment, whenever the plaintiff shall have paid to the

defendant, or into court for the defendant, the full amount of the judgment, the district court in

which the proceeding was tried, upon notice of not less than three days, may authorize the

plaintiff to take possession of and use the property during the pendency of and until the final

conclusion of the litigation and, if necessary, may stay all actions and proceedings against the

plaintiff on account thereof. The defendant, who is entitled to the money paid into court for the

defendant upon judgment, shall be entitled to demand and receive the same at any time

thereafter upon obtaining an order therefor from the court. The court, or a judge thereof, upon

application made by such defendant, shall order and direct that the money so paid into court for

the defendant be delivered to the defendant upon the defendant's filing a satisfaction of the

judgment, or upon the defendant's filing a receipt therefor and an abandonment of all defenses

to the action or proceeding except as to the amount of damages that the defendant may be

entitled to in the event that a new trial shall be granted. A payment to a defendant as aforesaid

shall be held to be an abandonment by such defendant of all defenses interposed by the

defendant, except the defendant's claim for greater compensation.
N.D. Cent. Code § 32-15-09 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-09
32-15-09. Service by publication
Status: repealed

32-15-09. Service by publication

Repealed by omission from this code.
N.D. Cent. Code § 32-46.2-03 — ND Code / Title 32 / Chapter 32-46.2 / Section 32-46.2-03
32-46.2-03. Requirements for asbestos action
Status: in_force

32-46.2-03. Requirements for asbestos action

1. In addition to any requirements for asbestos actions under chapter 32-46.1 and the

required sworn information form required by section 32-46.2-02, a plaintiff in an

asbestos action shall include with any complaint a detailed narrative medical report,

signed by a qualified physician and accompanied by supporting test results, which

constitute prima facie evidence the exposed individual meets the requirements of this

chapter. The report may not be prepared by a lawyer or other individual working for or

on behalf of a lawyer or law firm.

2. A defendant shall have a reasonable opportunity to challenge the adequacy of the

prima facie evidence. The court shall dismiss the action without prejudice if the plaintiff

fails to comply with the requirements of this section or fails to make the prima facie

showing required by this section.

3. Until a court enters an order determining the exposed individual has established prima

facie evidence of impairment, an asbestos action is not subject to discovery, except

discovery related to establishing or challenging the prima facie evidence.
N.D. Cent. Code § 32-22-05 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-05
32-22-05. When court must grant the writ
Status: in_force

32-22-05. When court must grant the writ

The court authorized to grant the writ to whom a petition therefor is presented, if it appears

that the writ ought to issue, must grant the same without delay, and the writ shall not be denied

for any informality in the petition or for any want of matters of substance, if the same can be

supplied, and the court to whom application is made, must point out the matters wanting and

direct the manner of supplying the same.
N.D. Cent. Code § 32-15-03.1 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-03.1
32-15-03.1. Declaration of legislative intent
Status: repealed

32-15-03.1. Declaration of legislative intent

Repealed by omission from this code.