N.D. Cent. Code § 28-03-04 — ND Code / Title 28 / Chapter 28-03 / Section 28-03-04
28-03-04. Appointment of guardian ad litem for person of unsound mind
Status: in_force

28-03-04. Appointment of guardian ad litem for person of unsound mind

When the defendant, at the time the action is commenced, is a person of unsound mind,

and no guardian or conservator has been appointed, the court shall appoint a guardian for the

defendant for the purposes of the action. If during the pendency of an action either party

becomes or proves to be of unsound mind, the action may be prosecuted or defended by the

party's guardian or conservator in like manner as if it had been commenced after the

appointment of the guardian or conservator, or the court may appoint a guardian for the action

as the case may require. Such guardian for the action may be appointed upon the application of

any party thereto or any relative or friend of the person of unsound mind after at least five days'

notice of such application first has been given to such person personally, if a resident of this

state, and if not a resident, in such manner as the court shall direct. Upon the hearing of such

application, the court, if deemed desirable and practicable, may order such person of unsound

mind to appear personally or to be brought in by the sheriff.
N.D. Cent. Code § 28-20-30 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-30
28-20-30. Cancellation of judgment against bankrupts - Procedure
Status: repealed

28-20-30. Cancellation of judgment against bankrupts - Procedure

Repealed by S.L. 2007, ch. 275, § 3.
N.D. Cent. Code § 28-22-05 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-05
28-22-05. Exemptions of an unmarried person without dependents
Status: in_force

28-22-05. Exemptions of an unmarried person without dependents

In addition to the absolute exemptions mentioned in section 28-22-02, except in

subsection 8 thereof, an unmarried person without any dependents, in person or by that

person's agent, may select from that person's other personal property, goods, chattels,

merchandise, money, or other personal property not exceeding in value the sum of three

thousand seven hundred fifty dollars, which is exempt.
N.D. Cent. Code § 28-05-03 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-03
28-05-03. Form of civil summons in district court
Status: in_force

28-05-03. Form of civil summons in district court

Superseded by N.D.R.Civ.P., Rule 4.
N.D. Cent. Code § 28-01-46.1 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-46.1
28-01-46.1. Waiver of privilege for health care providers and informal discussion
Status: in_force

28-01-46.1. Waiver of privilege for health care providers and informal discussion

A party who commences an action for malpractice, error, mistake, or failure to cure, whether

based on contract or tort, against a health care provider, as defined in section 32-42-01, or a

health care facility, on the person's own behalf or in a representative capacity, waives in that

action any privilege existing under rule 503 of the North Dakota Rules of Evidence, as to any

medical records, opinions, or other information in the possession of any other health care

provider who has examined or cared for the party or other person whose health or medical

condition has been placed in controversy in the action. The waiver must permit all defendants to

the action, and their attorneys or authorized representatives, to examine the medical records,

opinions, or other information and informally participate in a discussion with the health care

provider, if the provider consents, regarding the medical records, opinions, or other information

that appear reasonably calculated to lead to the discovery of admissible evidence as to any

element of the action or the defense of the action. Any statements made by a health care

provider during an informal discussion are not admissible, directly or by reference in direct or

cross-examination of any witness, in any administrative, civil, or criminal proceeding. However,

this section does not render inadmissible any statements obtained from the health care provider

in discovery or any legal proceedings independent of the informal discussion which are

otherwise admissible in the administrative, civil, or criminal proceeding.

The plaintiff's attorney or authorized representative must have the opportunity to be present

at any informal discussion. This requirement is satisfied if the defendant's attorney serves a

written notice on the plaintiff's attorney at least fifteen days prior to the informal discussion

stating the time, date, and location of the informal discussion. If the plaintiff's attorney, after

consultation with the defendant's attorney, is unable to attend the discussion at the time or on

the date specified in the notice or at some other agreed-upon date and time, the court in which

the action is pending shall, upon motion of any party before the date specified in the notice, hold

a scheduling conference to set a date and time for the informal discussion that will best serve

the convenience of the parties and the health care provider and the interests of justice.

Appropriate authorizations permitting access to the written medical record, informal discussion,

and testimony at a deposition or trial must be provided by the party commencing the action at

the time the action is commenced. If the party commencing the action fails to provide

appropriate authorizations at the time the action is commenced, the health care provider or

health care facility may use other means to obtain the records such as by subpoena or by

seeking a court order. If alternative means to obtain a patient's records are used, the court shall

award reasonable costs incurred by the health care provider or health care facility in obtaining

those records, including reasonable attorney's fees.
N.D. Cent. Code § 28-31-08 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-08
28-31-08. Writs
Status: in_force

28-31-08. Writs

All writs issued from or out of the supreme court must be signed by the clerk, sealed with

the seal of the court, and attested upon the day issued.
N.D. Cent. Code § 28-01.2-03 — ND Code / Title 28 / Chapter 28-01.2 / Section 28-01.2-03
28-01.2-03. Rules applicable to computation of limitation period
Status: in_force

28-01.2-03. Rules applicable to computation of limitation period

If the statute of limitations of another state applies to the assertion of a claim in this state,

the other state's relevant statutes and other rules of law governing tolling and accrual apply in

computing the limitation period, but its statutes and other rules of law governing conflict of laws

do not apply.
N.D. Cent. Code § 28-21-19 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-19
28-21-19. Amercement of sheriff
Status: repealed

28-21-19. Amercement of sheriff

Repealed by S.L. 1993, ch. 103, § 8.
N.D. Cent. Code § 28-35-11 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-11
28-35-11. (206) Appropriate forum
Status: in_force

28-35-11. (206) Appropriate forum

1. A court of this state having jurisdiction under section 28-35-08 to appoint a guardian or

issue a protective order may decline to exercise its jurisdiction if the court determines

at any time that a court of another state is a more appropriate forum.

2. If a court of this state declines to exercise its jurisdiction under subsection 1, the court

shall either dismiss or stay the proceeding. The court may impose any condition the

court considers just and proper, including the condition that a petition for the

appointment of a guardian or issuance of a protective order be filed promptly in

another state.

3. In determining whether a court is an appropriate forum, the court shall consider all

relevant factors, including:

a. Any expressed preference of the respondent;

b. Whether abuse, neglect, or exploitation of the respondent has occurred or is likely

to occur and which state could best protect the respondent from the abuse,

neglect, or exploitation;

c. The length of time the respondent was physically present in or was a legal

resident of this or another state;

d. The distance of the respondent from the court in each state;

e. The financial circumstances of the respondent's estate;

f. The nature and location of the evidence;

g. The ability of the court in each state to decide the issue expeditiously and the

procedures necessary to present evidence;

h. The familiarity of the court of each state with the facts and issues in the

proceeding; and

i. If an appointment were made, the court's ability to monitor the conduct of the

guardian or conservator.
N.D. Cent. Code § 28-20.3-01 — ND Code / Title 28 / Chapter 28-20.3 / Section 28-20.3-01
28-20.3-01. Definitions
Status: in_force

28-20.3-01. Definitions

As used in this chapter:

1. "Foreign country" means a government other than:

a. The United States;

b. A state, district, commonwealth, territory, or insular possession of the United

States; or

c. Any other government with regard to which the decision in this state as to

whether to recognize a judgment of that government's courts is initially subject to

determination under section 1 of article IV of the Constitution of the United States.

2. "Foreign-country judgment" means a judgment of a court of a foreign country.
N.D. Cent. Code § 28-27-27 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-27
28-27-27. Motion for new trial not necessary
Status: in_force

28-27-27. Motion for new trial not necessary

Superseded by N.D.R.Civ.P., Rule 59.
N.D. Cent. Code § 28-22-10 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-10
28-22-10. Selection after appraisal
Status: in_force

28-22-10. Selection after appraisal

If the appraisement of the whole property or of any class of alternative exemptions exceeds

the limitation in value of that which may be claimed by the debtor as exempt, the debtor, or the

debtor's agent or attorney, may select therefrom such property as the debtor, or the debtor's

agent or attorney, may wish within such limitations.
N.D. Cent. Code § 28-21-03 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-03
28-21-03. Two kinds of execution
Status: in_force

28-21-03. Two kinds of execution

There are two kinds of execution, one against the property of the judgment debtor and

another for the delivery of the possession of property and any damages for withholding the

property.
N.D. Cent. Code § 28-27-10 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-10
28-27-10. Deposit for undertaking - Waiver
Status: in_force

28-27-10. Deposit for undertaking - Waiver

Superseded by N.D.R.App.P., Rule 7.
N.D. Cent. Code § 28-27-21 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-21
28-27-21. Undertakings in one instrument or several
Status: in_force

28-27-21. Undertakings in one instrument or several

Superseded by N.D.R.App.P., Rule 7.
N.D. Cent. Code § 28-01-45 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-45
28-01-45. Limitation of action against abstracter
Status: in_force

28-01-45. Limitation of action against abstracter

An action founded upon an error or omission in an abstract may be commenced against an

abstracter at any time within twenty years after the date of the certificate of the abstract.
N.D. Cent. Code § 28-20.3-05 — ND Code / Title 28 / Chapter 28-20.3 / Section 28-20.3-05
28-20.3-05. Procedure for recognition of foreign-country judgment
Status: in_force

28-20.3-05. Procedure for recognition of foreign-country judgment

1. If recognition of a foreign-country judgment is sought as an original matter, the issue of

recognition must be raised by filing an action seeking recognition of the foreign-country

judgment.

2. If recognition of a foreign-country judgment is sought in a pending action, the issue of

recognition may be raised by counterclaim, cross-claim, or affirmative defense.
N.D. Cent. Code § 28-21-11 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-11
28-21-11. Levy and sale
Status: in_force

28-21-11. Levy and sale

The officer shall execute the writ by levying on the property of the judgment debtor, or by

selling the same, selling the other property, and paying to the judgment creditor the proceeds, or

so much thereof as will satisfy the execution.
N.D. Cent. Code § 28-20.3-06 — ND Code / Title 28 / Chapter 28-20.3 / Section 28-20.3-06
28-20.3-06. Effect of recognition of foreign-country judgment
Status: in_force

28-20.3-06. Effect of recognition of foreign-country judgment

If the court in a proceeding under section 28-20.3-05 finds the foreign-country judgment is

entitled to recognition under this chapter then, to the extent the foreign-country judgment grants

or denies recovery of a sum of money, the foreign-country judgment is:

1. Conclusive between the parties to the same extent as the judgment of a sister state

entitled to full faith and credit in this state would be conclusive; and

2. Enforceable in the same manner and to the same extent as a judgment rendered in

this state.
N.D. Cent. Code § 28-27-26 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-26
28-27-26. Amendment of appeals
Status: in_force

28-27-26. Amendment of appeals

Superseded by N.D.R.App.P., Rule 3.
N.D. Cent. Code § 28-26-28 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-28
28-26-28. Surety on becoming nonresident
Status: in_force

28-26-28. Surety on becoming nonresident

If the plaintiff in an action after its commencement becomes a nonresident of the state, the

plaintiff shall give surety for costs in the same manner as is required of a nonresident in

commencing an action.
N.D. Cent. Code § 28-01-31 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-31
28-01-31. Limitation for coexisting disabilities
Status: in_force

28-01-31. Limitation for coexisting disabilities

When two or more disabilities coexist at the time the claim for relief accrues, the limitation

does not attach until they are all removed.
N.D. Cent. Code § 28-35-08 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-08
28-35-08. (203) Jurisdiction
Status: in_force

28-35-08. (203) Jurisdiction

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a

respondent if:

1. This state is the respondent's home state;

2. On the date the petition is filed, this state is a significant-connection state and:

a. The respondent does not have a home state or a court of the respondent's home

state has declined to exercise jurisdiction because this state is a more

appropriate forum; or

b. The respondent has a home state, a petition for an appointment or order is not

pending in a court of that state or another significant-connection state, and,

before the court makes the appointment or issues the order:

(1) A petition for an appointment or order is not filed in the respondent's home

state;

(2) An objection to the court's jurisdiction is not filed by a person required to be

notified of the proceeding; and

(3) The court in this state concludes that it is an appropriate forum under the

factors set forth in section 28-35-11;

3. This state does not have jurisdiction under either subsection 1 or 2, the respondent's

home state and all significant-connection states have declined to exercise jurisdiction

because this state is the more appropriate forum, and jurisdiction in this state is

consistent with the constitutions of this state and the United States; or

4. The requirements for special jurisdiction under section 28-35-09 are met.
N.D. Cent. Code § 28-25-04 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-04
28-25-04. Witnesses may be called
Status: in_force

28-25-04. Witnesses may be called

On an examination under this chapter, either party may examine witnesses in that party's

behalf and the judgment debtor may be examined in the same manner as a witness.
N.D. Cent. Code § 28-36-03 — ND Code / Title 28 / Chapter 28-36 / Section 28-36-03
28-36-03. Roster
Status: in_force

28-36-03. Roster

The clerk of court shall provide a copy of any prefiling orders issued under this chapter to

the state court administrator and each United States district court in the state. The state court

administrator shall maintain a list of vexatious litigants subject to prefiling orders. Prefiling orders

in effect under supreme court rule before August 1, 2025, remain in effect.
N.D. Cent. Code § 28-21-09 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-09
28-21-09. Pledged or mortgaged property may be levied on
Status: in_force

28-21-09. Pledged or mortgaged property may be levied on

When property is pledged or mortgaged or is subject to a lien, the right and interest of the

judgment debtor may be sold without taking possession of or removing the property to the place

of sale, but the entire right and interest of the debtor in the property pledged or covered by each

lien must be sold as one parcel, and the purchaser acquires all the right and interest of the

debtor.
N.D. Cent. Code § 28-24-01 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-01
28-24-01. Who may redeem - Redemptioner
Status: in_force

28-24-01. Who may redeem - Redemptioner

A property sold subject to redemption may be redeemed as provided in this chapter by the

following person or successors in interest:

1. The judgment debtor; or

2. A creditor having a lien on the property, or on some part of the property, subsequent to

that on which the property was sold, and is designated in this chapter as a

redemptioner.
N.D. Cent. Code § 28-26-19 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-19
28-26-19. Taxing costs
Status: in_force

28-26-19. Taxing costs

In all actions, motions, and proceedings in the supreme and district courts, the costs of the

parties must be taxed and entered on record separately.
N.D. Cent. Code § 28-14-02 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-02
28-14-02. Challenge to array
Status: in_force

28-14-02. Challenge to array

Either party to an action may challenge the array of jurors for any legal cause, which must

be done by motion setting forth particularly the causes of challenge, and the party opposing the

challenge may join issues of law or fact on such motion, and the issues so formed must be tried

and decided by the court.
N.D. Cent. Code § 28-01.3-09 — ND Code / Title 28 / Chapter 28-01.3 / Section 28-01.3-09
28-01.3-09. Rebuttable presumption against defects
Status: in_force

28-01.3-09. Rebuttable presumption against defects

There is a rebuttable presumption that a product is free from any defect or defective

condition if the plans, designs, warnings, or instructions for the product or the methods and

techniques of manufacturing, inspecting, and testing the product were in conformity with

government standards established for that industry or if no government standards exist then

with applicable industry standards, which were in existence at the time the plans, designs,

warnings, or instructions for the product or the methods and techniques of manufacturing,

inspecting, and testing the product were adopted.
N.D. Cent. Code § 28-01-32 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-32
28-01-32. Absence from state tolls limitations - Exception
Status: in_force

28-01-32. Absence from state tolls limitations - Exception

If any person is out of this state at the time a claim for relief accrues against that person, an

action on such claim for relief may be commenced in this state at any time within the term

limited in this chapter for the bringing of an action on such claim for relief after the return of such

person into this state. If any person departs from and resides out of this state and remains

continuously absent therefrom for the space of one year or more after a claim for relief has

accrued against that person, the time of that person's absence may not be taken as any part of

the time limited for the commencement of an action on such claim for relief. The provisions of

this section, however, do not apply to the foreclosure of real estate mortgages by action or

otherwise and do not apply if this state's courts have jurisdiction over a person during the

person's absence.
N.D. Cent. Code § 28-20.3-02 — ND Code / Title 28 / Chapter 28-20.3 / Section 28-20.3-02
28-20.3-02. Applicability
Status: in_force

28-20.3-02. Applicability

1. Except as otherwise provided in subsection 2, this chapter applies to a foreign-country

judgment to the extent the judgment:

a. Grants or denies recovery of a sum of money; and

b. Under the law of the foreign country where rendered, is final, conclusive and

enforceable.

2. This chapter does not apply to a foreign-country judgment, even if the judgment grants

or denies recovery of a sum of money, to the extent the judgment is:

a. A judgment for taxes;

b. A fine or other penalty; or

c. A judgment for divorce, support, or maintenance, or other judgment rendered in

connection with domestic relations.

3. A party seeking recognition of a foreign-country judgment has the burden of

establishing that this chapter applies to the foreign-country judgment.
N.D. Cent. Code § 28-01-10 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-10
28-01-10. Extent of real estate affected by adverse possession not based on written instrument
Status: in_force

28-01-10. Extent of real estate affected by adverse possession not based on written

instrument.

When there has been an actual continued occupation of premises under a claim of title

exclusive of any other right, but not founded upon a written instrument or upon a judgment or

decree, the premises actually occupied and no other must be deemed to have been held

adversely.
N.D. Cent. Code § 28-27-28 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-28
28-27-28. Errors on face of record and intermediate orders reviewable
Status: in_force

28-27-28. Errors on face of record and intermediate orders reviewable

Superseded by N.D.R.App.P., Rule 35.
N.D. Cent. Code § 28-01-43 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-43
28-01-43. Foreclosure of real estate mortgage - Limitation - When time begins to run - Commencement of proceedings
Status: repealed

28-01-43. Foreclosure of real estate mortgage - Limitation - When time begins to run -

Commencement of proceedings.

Repealed by S.L. 1963, ch. 256, § 4.
N.D. Cent. Code § 28-24-09 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-09
28-24-09. Payments - To whom made
Status: in_force

28-24-09. Payments - To whom made

The payments upon redemption mentioned in this chapter may be made to the purchaser or

redemptioner, or for the purchaser or redemptioner, to the officer who made the sale.
N.D. Cent. Code § 28-21-15 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-15
28-21-15. Payment to sheriff by debtor's debtor
Status: in_force

28-21-15. Payment to sheriff by debtor's debtor

After the issuing of execution against property, any person indebted to the judgment debtor

may pay to the sheriff the amount of that person's debt, or so much thereof as is necessary to

satisfy the execution, and the sheriff's receipt is a sufficient discharge for the amount so paid.
N.D. Cent. Code § 28-27-30 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-30
28-27-30. Clerk to remit record and decision
Status: in_force

28-27-30. Clerk to remit record and decision

Superseded by N.D.R.App.P., Rules 36, 40, 41, 45.
N.D. Cent. Code § 28-26-11 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-11
28-26-11. Costs of appeal - When discretionary
Status: in_force

28-26-11. Costs of appeal - When discretionary

In the following cases, the costs of an appeal are in the discretion of the court:

1. When a new trial is ordered; or

2. When a judgment is affirmed in part and reversed in part.
N.D. Cent. Code § 28-23-10 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-10
28-23-10. Sale after ninety days - Abandonment of levy
Status: in_force

28-23-10. Sale after ninety days - Abandonment of levy

In case of the failure of the sale by reason of irregularities in giving notice thereof, or of its

postponement, the property may be sold upon proper notice by virtue of the execution after the

expiration of the ninety days allowed for the return thereof, and the officer in the officer's return

shall set forth the facts regarding such failure or postponement, or the judgment creditor, in

writing filed with the clerk, may abandon such levy upon paying the costs thereof, in which case

execution may issue with the same effect as if none had been issued.
N.D. Cent. Code § 28-01-41 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-41
28-01-41. Contents of verified reports of damage
Status: repealed

28-01-41. Contents of verified reports of damage

Repealed by S.L. 1985, ch. 103, § 10.
N.D. Cent. Code § 28-26-08 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-08
28-26-08. Costs specially limited
Status: in_force

28-26-08. Costs specially limited

In an action for assault, battery, false imprisonment, libel, slander, malicious prosecution,

criminal conversation, or seduction, if the plaintiff recovers less than fifty dollars damages, the

plaintiff may recover no more costs and disbursements than damages. In an action to recover

the possession of personal property, if the plaintiff recovers less than fifty dollars damages, the

plaintiff may recover no more costs and disbursements than damages, unless the plaintiff

recovers property also, the value of which with the damages amounts to fifty dollars, or the

possession of property is adjudged to the plaintiff, the value of which with the damages amounts

to fifty dollars. Such value must be determined by the jury, court, or referee by whom the action

is tried. When several actions are brought on one bond, recognizance, promissory note, bill of

exchange, or other instrument in writing, or in any other case for the same claim for relief

against several parties who might have been joined as defendants in the same action, no costs

other than disbursements may be allowed to the plaintiff in more than one of such actions,

which must be at the plaintiff's election, if the party or parties proceeded against in such action

or actions, at the time of the commencement of the previous action or actions, has been openly

within this state and not secreted.
N.D. Cent. Code § 28-24-07 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-07
28-24-07. Protection of purchaser during period of redemption
Status: in_force

28-24-07. Protection of purchaser during period of redemption

If a sale of real estate is made under execution or upon mortgage foreclosure, the

purchaser at the sale or the purchaser's successor in interest, in case of the expiration during

the period of redemption of any insurance policy on the premises sold, may pay the premium

necessary to procure a renewal of that policy, and, if any taxes or assessments become

delinquent, or if any installment of interest or principal on any prior or superior mortgage

becomes due during that period of redemption, and any utilities or other items to be paid by the

purchaser in protection of the title or premises, the purchaser may pay those charges. The

amount paid, with interest at the same rate as provided in the original instrument on which the

judgment is based, is part of the sum necessary to be paid for the redemption from the sale.

The payments must be proved by a written notice of additional lien verified by affidavit of the

purchaser, the purchaser's agent or attorney, stating the items and describing the premises.

That notice must be recorded in the office of the county recorder and a copy of the notice

served on the sheriff of the county. After that service the sheriff shall collect the full amount

specified in the notice in addition to the amount which would otherwise be due in redemption

from the sale, and shall pay over that amount to the purchaser at the sale, or the purchaser's

assignee. If the notice is not served on the sheriff and recorded within five days after payment,

redemption may be made without paying those amounts.
N.D. Cent. Code § 28-22-07 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-07
28-22-07. How exemptions claimed - Appraisal
Status: in_force

28-22-07. How exemptions claimed - Appraisal

All property claimed as exempt must be selected by the debtor or the debtor's agent or

attorney regardless of whether levy has been made yet on the property by the sheriff or levying

officer. Failure to claim all exempt property at the time exemptions are claimed renders the

unclaimed property nonexempt for purposes of this chapter. The value thereof, when material,

must be determined by an appraisement made under the direction of the sheriff or other officer.

Whenever any debtor, against whom an execution, writ of attachment, or other process has

been issued, desires to claim the benefit of section 28-22-03, such debtor or the debtor's agent

or attorney, shall make a schedule of all of the debtor's personal property of every kind and

character, including money on hand and debts due and owing to the debtor, and shall deliver the

same to the officer having the execution, writ of attachment, or other process. The schedule

must be subscribed and sworn to by the debtor or the debtor's agent or attorney, and any

property owned by the debtor and not included in such schedule is not exempt. No claim for

exemptions may be disallowed for insufficiency as to form unless three days' notice in writing

has been given first of the insufficiency by the party in interest claiming such insufficiency to the

person making the claim for exemptions, and specifying in apt language the defect complained

of. The person claiming the exemption thereupon may amend the same to conform to the

objections made within three days, if that person desires so to do, by serving upon the proper

person an amended claim for exemptions.
N.D. Cent. Code § 28-21-13 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-13
28-21-13. Amount levied - When lien on personalty
Status: in_force

28-21-13. Amount levied - When lien on personalty

The officer shall select as nearly as practicable property in quantities as will be likely to

bring the exact amount required to be raised and may make more than one levy if the officer

determines multiple levies necessary. A writ of execution is not a lien on personal property

before the actual levy.
N.D. Cent. Code § 28-01-07 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-07
28-01-07. Presumption against adverse possession of real estate
Status: in_force

28-01-07. Presumption against adverse possession of real estate

In every action for the recovery of real property or for the possession thereof, the person

establishing a legal title to the premises must be presumed to have been possessed thereof

within the time required by law, and the occupation of such premises by any other person must

be deemed to have been under and in subordination to the legal title, unless it appears that

such premises have been held and possessed adversely to such legal title for twenty years

before the commencement of such action.
N.D. Cent. Code § 28-01-36 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-36
28-01-36. New promise must be in writing in order to extend limitation - Effect of any payment
Status: in_force

28-01-36. New promise must be in writing in order to extend limitation - Effect of any

payment.

No acknowledgment or promise is sufficient evidence of a new or continuing contract,

whereby to take the case out of the operation of this chapter, unless the same is contained in

some writing signed by the party to be charged thereby, but this section does not alter the effect

of any payment of principal or interest.
N.D. Cent. Code § 28-06.2-03 — ND Code / Title 28 / Chapter 28-06.2 / Section 28-06.2-03
28-06.2-03. Answer by United States - Time limitation
Status: in_force

28-06.2-03. Answer by United States - Time limitation

The United States, or an officer, employee, or agency thereof, shall serve an answer to the

complaint or to a cross-claim, or a reply to a counterclaim, within sixty days after service upon

the United States attorney of the pleading in which the claim is asserted.
N.D. Cent. Code § 28-22-08 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-08
28-22-08. How appraisers selected
Status: in_force

28-22-08. How appraisers selected

To make the appraisement, the debtor or the debtor's agent or attorney shall select one

person, the creditor or the creditor's agent or attorney shall select another person, and these

two so selected shall select a third person. All persons selected must be disinterested residents

of the county, not related to either party nearer than the fourth degree. If the two fail to agree

upon the third person, the sheriff or other officer shall select the third person. If either the debtor

or creditor fails or refuses upon notice to select a person to act as one of the appraisers, the

sheriff or other officer shall select one for the debtor or creditor who failed or refused to make a

selection.
N.D. Cent. Code § 28-01-15 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-15
28-01-15. Actions having ten-year limitations
Status: in_force

28-01-15. Actions having ten-year limitations

The following actions must be commenced within ten years after the claim for relief has

accrued:

1. An action upon a judgment or decree of any court of the United States or of any state

or territory within the United States;

2. An action upon a contract contained in any conveyance or mortgage of or instrument

affecting the title to real property except a covenant of warranty, an action upon which

must be commenced within ten years after the final decision against the title of the

covenantor; and

3. Any action or proceeding for the foreclosure of a mortgage upon real estate.
N.D. Cent. Code § 28-01-33 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-33
28-01-33. Actions against directors or stockholders of moneyed corporations or banking associations for statutory penalties or forfeiture - Limitation
Status: in_force

28-01-33. Actions against directors or stockholders of moneyed corporations or

banking associations for statutory penalties or forfeiture - Limitation.

This chapter does not affect actions against directors or stockholders of a moneyed

corporation or banking association to recover a penalty or forfeiture imposed, or to enforce a

liability created, by law, but such actions must be brought within six years after the discovery by

the aggrieved party of the facts upon which the penalty or forfeiture attached or the liability was

created.
N.D. Cent. Code § 28-01-19 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-19
28-01-19. Actions having one-year limitations
Status: in_force

28-01-19. Actions having one-year limitations

An action against a sheriff or other officer for the escape of a prisoner arrested or

imprisoned on civil process must be commenced within one year after the claim for relief has

accrued.
N.D. Cent. Code § 28-24-04 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-04
28-24-04. Successive redemptions - Time
Status: in_force

28-24-04. Successive redemptions - Time

If property is redeemed by a redemptioner, another redemptioner, even after the expiration

of the redemption period, may redeem from the last redemption if the redemption is made within

sixty days after recording of the notice of redemption. This sixty-day limitation does not apply to

any redemption made within the redemption period, but all persons entitled to redeem in all

cases must have the entire statutory redemption period in which to redeem. The property, as

often as a redemptioner is so disposed, may be redeemed again from any previous

redemptioner within sixty days after the recording of the last notice of redemption.
N.D. Cent. Code § 28-21-01 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-01
28-21-01. Execution at any time within twenty years
Status: in_force

28-21-01. Execution at any time within twenty years

A judgment creditor or the party's duly appointed personal representatives at any time within

twenty years after the entry of judgment may proceed to enforce the judgment by execution as

provided in this chapter. If the judgment creditor in a mortgage foreclosure does not proceed

within sixty days after entry of judgment in the foreclosure to serve a special execution and

proceed without delay to a sheriff's sale, any other lienholder or other interested person may

obtain the special execution and proceed to arrange for a sheriff's sale.
N.D. Cent. Code § 28-23-06 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-06
28-23-06. Place of sale of personal property
Status: in_force

28-23-06. Place of sale of personal property

If the owner of the personal property levied on, other than crops, agrees to keep the

property safely until the day of sale and requests that the sale be held on the premises where

the property is seized, the sale must be held on the premises where the property is seized.

Otherwise the sale may be had at the place designated by the sheriff in the notice of sale.
N.D. Cent. Code § 28-31-11 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-11
28-31-11. Execution for costs
Status: in_force

28-31-11. Execution for costs

Superseded by N.D.R.App.P., Rule 39.
N.D. Cent. Code § 28-32-20.1 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-20.1
28-32-20.1. Agency enforcement of rules - Disclosure of authority
Status: in_force

28-32-20.1. Agency enforcement of rules - Disclosure of authority

When enforcing a rule adopted under this chapter, including through an official notice,

determination, order, or similar action, an agency shall specifically reference the statute or rule

providing the authority upon which the agency's action is based within ten days of receiving a

request for the information from the person against which the rule is being enforced.
N.D. Cent. Code § 28-32-24 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-24
28-32-24. Evidence to be considered by agency - Official notice
Status: in_force

28-32-24. Evidence to be considered by agency - Official notice

1. The admissibility of evidence in any adjudicative proceeding before an administrative

agency shall be determined in accordance with the North Dakota Rules of Evidence.

An administrative agency, or any person conducting proceedings for it, may waive

application of the North Dakota Rules of Evidence if a waiver is necessary to ascertain

the substantial rights of a party to the proceeding, but only relevant evidence shall be

admitted. The waiver must be specifically stated, orally or in writing, either prior to or at

a hearing or other proceeding.

2. All objections offered to evidence shall be noted in the record of the proceeding. No

information or evidence except that which has been offered, admitted, and made a

part of the official record of the proceeding shall be considered by the administrative

agency, except as otherwise provided in this chapter.

3. Upon proper objection, evidence that is irrelevant, immaterial, unduly repetitious, or

excludable on constitutional or statutory grounds, or on the basis of evidentiary

privilege recognized in the courts of this state, may be excluded. In the absence of

proper objection, the agency, or any person conducting a proceeding for it, may

exclude objectionable evidence.

4. The North Dakota Rules of Evidence in regard to privileges apply at all stages of an

administrative proceeding under this chapter.

5. All testimony must be made under oath or affirmation. Relevant statements presented

by nonparties may be received as evidence if all parties are given an opportunity to

cross-examine the nonparty witness or to otherwise challenge or rebut the statements.

Nonparties may not examine or cross-examine witnesses except pursuant to a grant of

intervention.

6. Evidence may be received in written form if doing so will expedite the proceeding

without substantial prejudice to the interests of any party.

7. Official notice may be taken of any facts that could be judicially noticed in the courts of

this state. Additionally, official notice may be taken of any facts as authorized in agency

rules.
N.D. Cent. Code § 28-01-34 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-34
28-01-34. Actions upon judgments rendered in courts of state not maintainable without leave of court
Status: in_force

28-01-34. Actions upon judgments rendered in courts of state not maintainable

without leave of court.

No action may be commenced upon a judgment rendered in any court of this state between

the same parties within nine years after its rendition, without leave of the court granted for good

cause shown and upon notice to the adverse party.
N.D. Cent. Code § 28-14-16 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-16
28-14-16. Admonitions to jurors - Keeping in charge
Status: in_force

28-14-16. Admonitions to jurors - Keeping in charge

The jurors sworn to try a civil action may be kept in charge of proper officers during each

recess of the court pending the trial. Whether the jurors are permitted to separate or are kept in

charge of an officer, they must be admonished by the court that it is their duty not to converse

with or suffer themselves to be addressed by any person on any subject of the trial, and that it is

their duty not to form or express an opinion thereon until the case is submitted finally to them.
N.D. Cent. Code § 28-01.3-06 — ND Code / Title 28 / Chapter 28-01.3 / Section 28-01.3-06
28-01.3-06. Determination of defective product
Status: in_force

28-01.3-06. Determination of defective product

No product may be considered to have a defect or to be in a defective condition, unless at

the time the product was sold by the manufacturer or other initial seller, there was a defect or

defective condition in the product which made the product unreasonably dangerous to the user

or consumer.
N.D. Cent. Code § 28-27-35 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-35
28-27-35. Briefs
Status: repealed

28-27-35. Briefs

Repealed by S.L. 1947, ch. 236, § 2.
N.D. Cent. Code § 28-26-21 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-21
28-26-21. Payment of costs from trust funds
Status: in_force

28-26-21. Payment of costs from trust funds

In an action prosecuted or defended by a personal representative, trustee of an express

trust, or a person expressly authorized by statute, costs must be recovered as in an action by

and against a person prosecuting or defending in the person's own right, but such costs, by the

judgment, must be chargeable only upon or collected of the estate, fund, or party represented,

unless the court directs the same to be paid by the plaintiff or defendant personally for

mismanagement or bad faith in such action or defense.
N.D. Cent. Code § 28-24-06 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-06
28-24-06. Redemption by debtor - Recording certificate - Rights of redemption
Status: in_force

28-24-06. Redemption by debtor - Recording certificate - Rights of redemption

The debtor may not be required to pay more to effect a redemption than the purchase price,

with interest from the day of sale, at the same rate as provided in the original instrument on

which the judgment is based, despite the fact that the debtor seeks to redeem from a

redemptioner. If the debtor redeems, the effect of the sale is terminated and the debtor is

restored to the estate. On a redemption by the debtor, the person to whom the payment is made

shall execute and deliver to the debtor a certificate of redemption acknowledged or proved

before an officer authorized to take acknowledgments of conveyances of real property. The

certificate must be recorded in the office of the county recorder of the county in which the

property is situated and the county recorder shall note that record in the margin of the record of

the certificate of sale. If the debtor redeems from a redemptioner who, to effect redemption, has

paid liens on the property other than for taxes or assessments, the redemptioner is subrogated

to all the rights of the former holders of those liens, and the recording of written notice of that

redemption is notice of the rights of that redemptioner in and to all the liens the redemptioner

holds as equitable assignee as fully as if formal written assignments had been recorded.
N.D. Cent. Code § 28-27-25 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-25
28-27-25. Reference to ascertain damages - Breach of undertaking
Status: in_force

28-27-25. Reference to ascertain damages - Breach of undertaking

When the amount of damages to be paid by the appellant on affirmance of the judgment or

order appealed from pursuant to an undertaking is not fixed by the judgment or decision of the

supreme court on appeal, the district court, after the remittitur of the record from the supreme

court is filed, may order a reference to ascertain such damages, the expense of which shall be

included and recoverable with such damages. In all cases, a neglect for the space of thirty days

after the affirmance on appeal of a judgment directing the payment of money to pay the amount

directed to be paid on such affirmance must be deemed a breach of the undertaking on such

appeal. A neglect for the space of sixty days after the confirmation of a report of a referee, to

whom a reference has been ordered for the purpose of ascertaining the damages to be paid on

the affirmance of any other judgment or order appealed from, to pay the amount of damages so

ascertained, and the costs of such reference must be deemed a breach of the undertaking on

such appeal. The dismissal of an appeal by the appellant or by the court for want of prosecution,

unless the court at the time shall order otherwise, renders the sureties upon the undertaking or

bond given under this chapter liable in the same manner and to the same extent as if the

judgment or order appealed from had been affirmed.
N.D. Cent. Code § 28-27-33 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-33
28-27-33. Printing of abstracts not required
Status: in_force

28-27-33. Printing of abstracts not required

Superseded by N.D.R.App.P., Rules 10, 28.
N.D. Cent. Code § 28-32-35 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-35
28-32-35. Procedure at hearing
Status: in_force

28-32-35. Procedure at hearing

The person presiding at a hearing shall regulate the course of the hearing in conformity with

this chapter and any rules adopted under this chapter by an administrative agency, any other

applicable laws, and any prehearing order. To the extent necessary for full disclosure of all

relevant facts and issues, the person presiding at the hearing shall afford to all parties and other

persons allowed to participate the opportunity to respond, present evidence and argument,

conduct cross-examination, and submit rebuttal evidence, except as restricted or conditioned by

a grant of intervention or by a prehearing order. A hearing may be conducted in total or in part

by making use of telephone, television, facsimile services, or other electronic means if each

participant in the hearing has an opportunity to participate in, to hear, and, if practicable, to see

the entire proceeding while it is taking place, and if such use does not substantially prejudice or

infringe on the rights and interests of any party.
N.D. Cent. Code § 28-23-08 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-08
28-23-08. Postponements
Status: in_force

28-23-08. Postponements

When there are no bidders, or when the amount offered is grossly inadequate, or when from

any cause the sale of any real or personal property upon execution or upon the foreclosure of a

mortgage or other lien is prevented from taking place on the day fixed, the sheriff, or person

making the same, may postpone the sale for not more than three days without being required to

give any further notice thereof, but the sheriff or person may not make more than two such

postponements, and such postponements must be publicly announced when and where the

sale should have taken place. Such sale may be postponed for a longer period than three days

by continuing the publication of the original notice of sale together with notice of such

postponement, specifying the time and place at which such postponed sale will be made.
N.D. Cent. Code § 28-21-24 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-24
28-21-24. Officer's reimbursement
Status: repealed

28-21-24. Officer's reimbursement

Repealed by S.L. 1993, ch. 103, § 8.
N.D. Cent. Code § 28-20.1-08 — ND Code / Title 28 / Chapter 28-20.1 / Section 28-20.1-08
28-20.1-08. Short title
Status: in_force

28-20.1-08. Short title

This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act.
N.D. Cent. Code § 28-21-12 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-12
28-21-12. Notice of levy - Service - Contents
Status: in_force

28-21-12. Notice of levy - Service - Contents

In all cases of levy upon personal property, the sheriff or other officer must serve the notice

of levy in the same manner as a summons is served in accordance with the North Dakota Rules

of Civil Procedure. Such notice must have written or printed upon its face the further notice to

the debtor, that if exemptions are claimed or demanded, such claim must be made within ten

days after service of notice.
N.D. Cent. Code § 28-20.1-06 — ND Code / Title 28 / Chapter 28-20.1 / Section 28-20.1-06
28-20.1-06. Optional procedure
Status: in_force

28-20.1-06. Optional procedure

The right of a judgment creditor to bring an action to enforce the creditor's judgment instead

of proceeding under this chapter remains unimpaired.
N.D. Cent. Code § 28-22-03 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-03
28-22-03. Additional exemption for head of a family
Status: in_force

28-22-03. Additional exemption for head of a family

In addition to the absolute exemptions mentioned in section 28-22-02, except in

subsection 8 thereof, the head of a family, personally or by that person's agent, may select from

that person's other personal property, any goods, chattels, merchandise, money, and other

personal property not exceeding in value the sum of seven thousand five hundred dollars, which

also is exempt from all attachment or mesne process, levy and sale upon execution, and any

other final process issued from any court. The exemption under this section may not be used to

exempt a real estate interest of any kind.
N.D. Cent. Code § 28-21-04.2 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-04.2
28-21-04.2. Summary execution on moneys retained pursuant to garnishment
Status: in_force

28-21-04.2. Summary execution on moneys retained pursuant to garnishment

If a judgment creditor proposes to execute on moneys owed to the judgment debtor by a

third party who is retaining the money pursuant to garnishment, the execution must be made

between twenty and three hundred sixty days after service of the garnishment summons. The

execution may be served by personal service or by certified mail upon the third party by a sheriff

or by an attorney licensed to practice law in this state. The execution may be directed to the

sheriff of any county. A transcript of the judgment need not be filed in the county of the sheriff to

whom the execution is directed. Upon receipt, the third party shall remit the amount due under

the garnishment to the sheriff or the attorney who shall proceed in all other respects like the

sheriff making a similar execution. If the judgment debtor files a claim of exemptions under

section 32-09.1-22 within twenty days after service of the garnishment summons, an execution

may not be made against moneys claimed as exempt and retained under the garnishment

summons until the court determines that the moneys being garnished are not exempt.
N.D. Cent. Code § 28-32-15 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-15
28-32-15. Filing of rules for publication - Effective date of rules
Status: in_force

28-32-15. Filing of rules for publication - Effective date of rules

1. A copy of each rule adopted by an administrative agency or the commission, a copy of

each written comment and a written summary of each oral comment on the rule, and

the attorney general's opinion on the rule, if any, must be filed by the adopting agency

or commission with the legislative council for publication of the rule in the North Dakota

Administrative Code.

2. a. Nonemergency rules approved by the attorney general as to legality, adopted by

an administrative agency or the commission, filed with the legislative council, and

not voided or held for consideration by the administrative rules committee

become effective according to the following schedule:

(1) Rules filed with the legislative council from August second through

November first become effective on the immediately succeeding January

first.

(2) Rules filed with the legislative council from November second through

February first become effective on the immediately succeeding April first.

(3) Rules filed with the legislative council from February second through May

first become effective on the immediately succeeding July first.

(4) Rules filed with the legislative council from May second through August first

become effective on the immediately succeeding October first.

b. If publication is delayed for any reason other than action of the administrative

rules committee, nonemergency rules, unless otherwise provided, become

effective when publication would have occurred but for the delay.

c. A rule held for consideration by the administrative rules committee becomes

effective on the first effective date of rules under the schedule in subdivision a

following the meeting at which that rule is reconsidered by the committee.
N.D. Cent. Code § 28-26-20 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-20
28-26-20. Payment of costs against infant plaintiff
Status: in_force

28-26-20. Payment of costs against infant plaintiff

When costs are adjudged against a plaintiff who is an infant or a person of unsound mind,

the guardian by whom the plaintiff appeared in the action must be responsible therefor and

payment thereof may be enforced in the manner provided in section 28-26-30.
N.D. Cent. Code § 28-20-30.1 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-30.1
28-20-30.1. Effect of bankruptcy on judgment lien
Status: in_force

28-20-30.1. Effect of bankruptcy on judgment lien

1. If a judgment lien appears on a judgment debtor's real property and the debtor is later

the subject of bankruptcy proceedings in which the judgment lien is avoided or set

aside, the judgment lien may be terminated of record by filing a certified copy of the

bankruptcy court lien avoidance judgment.

2. A prebankruptcy petition judgment does not create a lien on real property that is

acquired by the judgment debtor after the filing of the bankruptcy petition which may

be established by filing a copy of the discharge.

3. A copy of the discharge may be filed to remove a judgment lien as a cloud on the

homestead set aside to the bankruptcy debtor.

4. Subsection 2 does not apply if the judgment creditor files a certified copy of an order or

a judgment of the bankruptcy court which declares the debt is nondischargeable. A

judgment creditor may record lis pendens stating the judgment creditor has filed a

nondischargability action in bankruptcy court. This section does not apply to debts

automatically excepted from discharge under section 523 of the United States

Bankruptcy Code [11 U.S.C. 523].

5. As used in this section, "files" or "filing" means a filing with the clerk of district court in

the county in which the judgment is docketed or transcribed.
N.D. Cent. Code § 28-21-08 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-08
28-21-08. Property subject to levy - Manner of levy
Status: in_force

28-21-08. Property subject to levy - Manner of levy

1. An interest in property of the judgment debtor not exempt by law is subject to

execution. Shares and interests in any corporation or company, debts and credits, and

all other property not capable of manual delivery may be taken on execution and sold

as provided in this chapter. The levy under an execution must be made as follows:

a. On real property, the sheriff shall file a notice of levy with the recorder of the

county in which the property is located which has been signed by the sheriff and

which states the names of the parties to the action and a description of the

property.

b. On personal property capable of manual delivery, the sheriff shall take the

property into custody. When taking the property, the sheriff shall deliver a copy of

the execution and notice of levy to the person from whom the property was taken.

c. On money, judgments, drafts, promissory notes, or other papers of like character,

by serving a copy of the execution to the person who has custody of the property,

except for wage garnishment.

d. On other personal property, the sheriff shall leave a copy of the execution and a

notice of levy with the person holding the property. If the property consists of a

right or share in the stock of a corporation or interest or profits in the corporation,

the sheriff shall leave the copy with any officer or managing agent of the

corporation. If the property consists of membership interests in a limited liability

company or interest or profits in a limited liability company, the sheriff shall leave

the copy with any officer or managing agent of the limited liability company.

2. The sheriff may elect not to seize property during the time period the debtor has to

claim exemptions under chapter 28-22 or in the case of property that by reason of bulk

or other cause cannot be removed immediately. Service of the notice of levy under this

section and section 28-21-12 is as valid and effectual as if the property had been

seized and the possession and control of the property retained by the officer. The lien

of the writ of execution is effectual from the time the actual levy is made under this

section and section 28-21-12.
N.D. Cent. Code § 28-24-15 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-15
28-24-15. Sheriff's successor may execute deed
Status: in_force

28-24-15. Sheriff's successor may execute deed

The sheriff's deed may be executed by any succeeding sheriff to the purchaser or person

entitled thereto or the purchaser's or person's legal representatives, and such deed is as good

and valid in law and has the same effect as if the sheriff who made the sale had executed the

same.
N.D. Cent. Code § 28-32-25 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-25
28-32-25. Adjudicative proceedings - Consideration of information not presented at a hearing
Status: in_force

28-32-25. Adjudicative proceedings - Consideration of information not presented at a

hearing.

In any adjudicative proceeding, an administrative agency may avail itself of competent and

relevant information or evidence in its possession or furnished by members of its staff, or

secured from any person in the course of an independent investigation conducted by the

agency, in addition to the evidence presented at the hearing. It may do so after first transmitting

a copy of the information or evidence or an abstract thereof to each party of record in the

proceeding. The agency must afford each party, upon written request, an opportunity to examine

the information or evidence and to present its own information or evidence and to

cross-examine the person furnishing the information or evidence. Any further testimony that is

necessary shall be taken at a hearing to be called and held, giving at least ten days' notice.

Notice must be served upon the parties in the manner allowed for service under the North

Dakota Rules of Civil Procedure. This section also applies to information officially noticed after

the hearing when the issuance of any initial or final order is based in whole or in part on the

facts or material noticed.
N.D. Cent. Code § 28-01-35 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-35
28-01-35. Bank notes
Status: in_force

28-01-35. Bank notes

This chapter does not affect actions to enforce the payment of bills, notes, or other evidence

of debt, issued by moneyed corporations, or issued or put in circulation as money.
N.D. Cent. Code § 28-27-29.1 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-29.1
28-27-29.1. Orders separately reviewable on appeal
Status: in_force

28-27-29.1. Orders separately reviewable on appeal

The supreme court, without a motion for judgment notwithstanding the verdict, or a motion

in the alternative for such judgment or for a new trial, first made in the trial court, may review the

ruling on the motion for a directed verdict on appeal from the judgment, and may order judgment

to be entered when it appears from the testimony that a verdict should have been so directed. It

also may so order on appeal from an order denying a motion for judgment notwithstanding the

verdict, or on appeal from an order denying a motion for judgment in accordance with the

motion for a directed verdict if no verdict was returned. On appeal from an order made upon a

motion in the alternative for judgment notwithstanding the verdict or for a new trial, the court

shall review the whole order and may reverse, affirm, or modify the order as to any and all

parties.
N.D. Cent. Code § 28-31-10 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-10
28-31-10. Taxation of costs
Status: in_force

28-31-10. Taxation of costs

Superseded by N.D.R.App.P., Rule 39.
N.D. Cent. Code § 28-32-49 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-49
28-32-49. Review in supreme court
Status: in_force

28-32-49. Review in supreme court

The judgment of the district court in an appeal from an order or rulemaking action of an

administrative agency or the commission may be reviewed in the supreme court on appeal in

the same manner as provided in section 28-32-46 or 28-32-47, except that the appeal to the

supreme court must be taken within sixty days after the service of the notice of entry of

judgment in the district court. Any party of record, including the agency or commission, may take

an appeal from the final judgment of the district court to the supreme court. If an appeal from the

judgment of the district court is taken by an agency or the commission, the agency or

commission may not be required to pay a docket fee or file a bond for costs or equivalent

security.
N.D. Cent. Code § 28-20.3-07 — ND Code / Title 28 / Chapter 28-20.3 / Section 28-20.3-07
28-20.3-07. Stay of proceedings pending appeal of foreign-country judgment
Status: in_force

28-20.3-07. Stay of proceedings pending appeal of foreign-country judgment

If a party establishes that an appeal from a foreign-country judgment is pending or will be

taken, the court may stay any proceedings with regard to the foreign-country judgment until the

appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to

prosecute the appeal and has failed to do so.
N.D. Cent. Code § 28-05-11 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-11
28-05-11. Filing of summons and pleadings - Time for - Order requiring - Costs on order for
Status: in_force

28-05-11. Filing of summons and pleadings - Time for - Order requiring - Costs on

order for.

Superseded by N.D.R.Civ.P., Rule 5.
N.D. Cent. Code § 28-35-06 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-06
28-35-06. (201) Definitions - Significant connection factors
Status: in_force

28-35-06. (201) Definitions - Significant connection factors

1. In sections 28-35-06, 28-35-07, 28-35-08, 28-35-09, 28-35-10, 28-35-11, 28-35-12,

28-35-13, and 28-35-14:

a. "Emergency" means a circumstance that likely will result in substantial harm to a

respondent's health, safety, or welfare, and for which the appointment of a

guardian is necessary because no other person has authority and is willing to act

on the respondent's behalf.

b. "Home state" means the state in which the respondent was physically present,

including any period of temporary absence, for at least six consecutive months

immediately before the filing of a petition for a protective order or the appointment

of a guardian; or if none, the state in which the respondent was physically

present, including any period of temporary absence, for at least six consecutive

months ending within the six months prior to the filing of the petition.

c. "Significant-connection state" means a state, other than the home state, with

which a respondent has a significant connection other than mere physical

presence and in which substantial evidence concerning the respondent is

available.

2. In determining under sections 28-35-08 and subsection 5 of section 28-35-15 whether

a respondent has a significant connection with a particular state, the court shall

consider:

a. The location of the respondent's family and other persons required to be notified

of the guardianship or protective proceeding;

b. The length of time the respondent at any time was physically present in the state

and the duration of any absence;

c. The location of the respondent's property; and

d. The extent to which the respondent has ties to the state such as voting

registration, state or local tax return filing, vehicle registration, driver's license,

social relationship, and receipt of services.
N.D. Cent. Code § 28-32-03 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-03
28-32-03. Emergency rules
Status: in_force

28-32-03. Emergency rules

1. If the agency, with the approval of the governor, or the commission finds that

emergency rulemaking is necessary, the commission or agency may declare the

proposed rule to be an interim final rule effective on a date no earlier than the date of

filing with the legislative council of the notice required by section 28-32-10.

2. A proposed rule may be given effect on an emergency basis under this section if any

of the following grounds exists regarding that rule:

a. Imminent peril threatens public health, safety, or welfare, which would be abated

by emergency effectiveness;

b. A delay in the effective date of the rule is likely to cause a loss of funds

appropriated to support a duty imposed by law upon the commission or agency;

c. Emergency effectiveness is reasonably necessary to avoid a delay in

implementing an appropriations measure; or

d. Emergency effectiveness is necessary to meet a mandate of federal law.

3. A final rule adopted after consideration of all written and oral submissions respecting

the interim final rule, which is substantially similar to the interim final rule, is effective

as of the declared effective date of the interim final rule.

4. The commission's or agency's finding, and a brief statement of the commission's or

agency's reasons for the finding, must be filed with the legislative council with the final

adopted emergency rule.

5. The commission or agency shall attempt to make interim final rules known to persons

who the commission or agency can reasonably be expected to believe may have a

substantial interest in them. As used in this subsection, "substantial interest" means an

interest in the effect of the rules which surpasses the common interest of all citizens.

The commission or an agency adopting emergency rules shall comply with the notice

requirements of section 28-32-10 which relate to emergency rules and shall provide

notice to the chairman of the administrative rules committee of the emergency status,

declared effective date, and grounds for emergency status of the rules under

subsection 2. When notice of emergency rule adoption is received, the legislative

council shall publish the notice and emergency rules on its website.

6. An interim final rule is ineffective one hundred eighty days after its declared effective

date unless first adopted as a final rule.
N.D. Cent. Code § 28-27-15 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-15
28-27-15. Undertaking to stay abatement of nuisance
Status: in_force

28-27-15. Undertaking to stay abatement of nuisance

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-32-33 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-33
28-32-33. Adjudicative proceedings - Subpoenas - Discovery - Protective orders
Status: in_force

28-32-33. Adjudicative proceedings - Subpoenas - Discovery - Protective orders

1. In an adjudicative proceeding, discovery may be obtained in accordance with the

North Dakota Rules of Civil Procedure.

2. In any adjudicative proceeding, upon the request or motion of any party to the

proceeding or upon the hearing officer's own motion on behalf of the agency, a hearing

officer may issue subpoenas, discovery orders, and protective orders in accordance

with the North Dakota Rules of Civil Procedure. A motion to quash or modify, or any

other motion relating to subpoenas, discovery, or protective orders must be made to

the hearing officer. The hearing officer's rulings on these motions may be appealed

under section 28-32-42 after issuance of the final order by the agency. The cost of

issuing and serving a subpoena in any adjudicative proceeding must be paid by the

person or agency requesting it.

3. Any witness who is subpoenaed under the provisions of this section and who appears

at a hearing or other part of an adjudicative proceeding, or whose deposition is taken,

shall receive the same fees and mileage as a witness in a civil case in the district

court. Witness fees and mileage shall be paid by the party or agency at whose

instance the witness appears. Any hearing officer may order the payment of witness

fees or mileage by the appropriate party or agency.

4. Subpoenas, discovery orders, protective orders, and other orders issued under this

section may be enforced by applying to any judge of the district court for an order

requiring the attendance of a witness, the production of all documents and objects

described in the subpoena, or otherwise enforcing an order. Failure of a witness or

other person to comply with the order of the district court is contempt of court which is

punishable by the district court, upon application. The judge may award attorney's fees

to the prevailing party in an application under this subsection.
N.D. Cent. Code § 28-32-31 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-31
28-32-31. Duties of hearing officers
Status: in_force

28-32-31. Duties of hearing officers

All hearing officers shall:

1. Assure that proper notice has been given as required by law.

2. Conduct only hearings and related proceedings for which proper notice has been

given.

3. Assure that all hearings and related proceedings are conducted in a fair and impartial

manner.

4. Make recommended findings of fact and conclusions of law and issue a recommended

order, when appropriate.

5. Conduct the hearing only and perform such other functions of the proceeding as

requested, when an agency requests a hearing officer to preside only as a procedural

hearing officer. If the hearing officer is presiding only as a procedural hearing officer,

the agency head must be present at the hearing and the agency head shall make

findings of fact and conclusions of law and issue a final order. The agency shall give

proper notice as required by law. The procedural hearing officer may issue orders in

regard to the conduct of the hearing pursuant to statute or rule and to otherwise effect

an orderly and prompt disposition of the proceedings.

6. Make findings of fact and conclusions of law and issue a final order, if required by

statute or requested by an agency.

7. Function only as a procedural hearing officer, when an agency requests a hearing

officer to preside for a rulemaking hearing. The agency head need not be present. The

agency shall give proper notice as required by law.

8. Perform any and all other functions required by law, assigned by the director of

administrative hearings, or delegated to the hearing officer by the agency.
N.D. Cent. Code § 28-32-50 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-50
28-32-50. Actions against administrative agencies - Attorney's fees and costs
Status: in_force

28-32-50. Actions against administrative agencies - Attorney's fees and costs

1. In any civil judicial proceeding involving as adverse parties an administrative agency

and a party not an administrative agency or an agent of an administrative agency, the

court must award the party not an administrative agency reasonable attorney's fees

and costs if the court finds in favor of that party and, in the case of a final agency

order, determines that the administrative agency acted without substantial justification.

2. This section applies to an administrative or civil judicial proceeding brought by a party

not an administrative agency against an administrative agency for judicial review of a

final agency order, or for judicial review pursuant to this chapter of the legality of

agency rulemaking action or a rule adopted by an agency as a result of the rulemaking

action being appealed.

3. Any attorney's fees and costs awarded pursuant to this section must be paid from

funds available to the administrative agency the final order, rulemaking action, or rule

of which was reviewed by the court. The court may withhold all or part of the attorney's

fees from any award if the court finds the administrative agency's action, in the case of

a final agency order, was substantially justified or that special circumstances exist

which make the award of all or a portion of the attorney's fees unjust.

4. This section does not alter the rights of a party to collect any fees under other

applicable law.

5. In any civil judicial proceeding involving adverse parties to an appeal or enforcement

action involving an environmental permit issued under chapter 23.1-04, 23.1-06,

23.1-08, or 61-28 in which two or more of the adverse parties are not an administrative

agency or an agent of an administrative agency, the court may award the prevailing

nonagency party reasonable attorney's fees and costs if the court finds in favor of that

party and determines that the nonprevailing nonagency party acted without substantial

justification, or on the basis of claims or allegations that are factually unsupported. The

court shall award reasonable attorney's fees and costs if the court determines that the

nonprevailing nonagency party's claims or allegations are frivolous as provided in

section 28-26-01. If the appeal or civil judicial proceeding covered by this subsection

involves multiple claims or allegations, the court may apportion attorney's fees and

costs in proportion to the time reasonably spent by a prevailing party relating to claims

pursued by the nonprevailing party that were frivolous, factually unsupported, or

without substantial justification.
N.D. Cent. Code § 28-20-32 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-32
28-20-32. Affidavit of applicant to be served with notice of motion
Status: repealed

28-20-32. Affidavit of applicant to be served with notice of motion

Repealed by S.L. 2007, ch. 275, § 3.
N.D. Cent. Code § 28-29-04 — ND Code / Title 28 / Chapter 28-29 / Section 28-29-04
28-29-04. Power of courts when prices are confiscatory
Status: repealed

28-29-04. Power of courts when prices are confiscatory

Repealed by S.L. 2003, ch. 270, § 1.
N.D. Cent. Code § 28-04-03.1 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-03.1
28-04-03.1. Venue in motor vehicle cases
Status: in_force

28-04-03.1. Venue in motor vehicle cases

An action against the owner or driver of any motor vehicle arising out of and by reason of

the negligent driving, operation, management, or control of such motor vehicle may be brought

either in the county where such action arose, in the county of the residence of the defendant, or

in the county of the residence of the majority of the defendants. In any event, the venue of the

action may not be changed unless by order of the court pursuant to section 28-04-07.
N.D. Cent. Code § 28-04-10 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-10
28-04-10. Change of place of trial - Jury - Expenses
Status: in_force

28-04-10. Change of place of trial - Jury - Expenses

Notwithstanding any other provision of law, in any civil trial the court may change the place

of the trial from the location in which the matter was originally to be heard. If any party files an

objection to the change of trial no later than ten days after the date of notice of assignment or

reassignment of a judge for trial of the case, the trial must be held where originally venued. In

the case of a jury trial, the jury panel must be composed of residents of the original county of

venue or residents of the judicial district as provided by section 27-09.1-05.1.
N.D. Cent. Code § 28-24-05 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-05
28-24-05. Redemptioner production of requisite papers
Status: in_force

28-24-05. Redemptioner production of requisite papers

A redemptioner shall produce to the officer or person from whom the redemptioner seeks to

redeem and shall serve with the redemptioner's notice to the sheriff:

1. A copy of the docket of the judgment under which the redemptioner claims the right to

redeem, certified by the clerk of the district court of the county where the judgment is

docketed, or, if the redemptioner redeems upon a mortgage or other lien, a note of the

record of the mortgage or lien certified by the county recorder;

2. A copy of the assignment necessary to establish the redemptioner's claim, verified by

the affidavit of the redemptioner or of a subscribing witness to the assignment; and

3. An affidavit by the redemptioner or the redemptioner's agent showing the amount then

actually due on the lien.
N.D. Cent. Code § 28-32-43 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-43
28-32-43. Docketing of appeals
Status: in_force

28-32-43. Docketing of appeals

Appeals taken in accordance with this chapter must be docketed as other cases pending in

the district court are docketed and must be heard and determined by the court without a jury at

such time as the court shall determine.
N.D. Cent. Code § 28-01-22 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-22
28-01-22. Limitations on actions not specifically provided for
Status: in_force

28-01-22. Limitations on actions not specifically provided for

An action for relief not otherwise provided for must be commenced within ten years after the

claim for relief has accrued.
N.D. Cent. Code § 28-21-23 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-23
28-21-23. Surety of sheriff made party
Status: repealed

28-21-23. Surety of sheriff made party

Repealed by S.L. 1993, ch. 103, § 8.
N.D. Cent. Code § 28-14-25 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-25
28-14-25. Verdict and entries
Status: reserved

28-14-25. Verdict and entries

Upon receiving a verdict, either general or special, an entry must be made by the clerk in

the minutes of the court, specifying the time of trial, the names of the jurors and witnesses, and

setting out the verdict at length, and when a special verdict is found, either the judgment

rendered thereon or, if the case is reserved for argument or further consideration, the order thus

reserving it. The verdict and any interrogatories must be filed with the clerk.
N.D. Cent. Code § 28-01-48 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-48
28-01-48. Action based on real estate transaction duty - Three-year limitation
Status: in_force

28-01-48. Action based on real estate transaction duty - Three-year limitation

An action for recovery of damages against a person licensed under chapter 43-23 which

results from a breach of duty relating to a real estate transaction must be commenced within

three years after the claim for relief has accrued.
N.D. Cent. Code § 28-01.3-10 — ND Code / Title 28 / Chapter 28-01.3 / Section 28-01.3-10
28-01.3-10. Product liability actions and immunity for a firearm or ammunition manufacturer
Status: in_force

28-01.3-10. Product liability actions and immunity for a firearm or ammunition

manufacturer.

A firearm or ammunition manufacturer, importer, or dealer may not be held civilly liable for

any physical or emotional injury, physical damage, or death as a third party for the acts of

another person.
N.D. Cent. Code § 28-20-16 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-16
28-20-16. How judgment docketed
Status: in_force

28-20-16. How judgment docketed

Unless otherwise directed by rules of the supreme court, the clerk shall docket the judgment

by entering alphabetically in the judgment docket the names of the judgment debtors, the

names of the parties in whose favor the judgment was rendered, the sum recovered or directed

to be paid in figures, the date of the judgment, the exact time to the minute when the judgment

roll or transcript was filed, the exact time to the minute when the judgment was docketed in the

clerk's office, the name of the court in which the judgment was rendered, and the name of the

attorneys for the party recovering the judgment. If there are two or more judgment debtors, the

entries must be repeated under the initial letter of each surname.
N.D. Cent. Code § 28-29-08 — ND Code / Title 28 / Chapter 28-29 / Section 28-29-08
28-29-08. Enjoining mortgagee from foreclosing mortgage or vendor from taking possession or selling property permissible
Status: in_force

28-29-08. Enjoining mortgagee from foreclosing mortgage or vendor from taking

possession or selling property permissible.

When the mortgagee has commenced foreclosure proceedings, or the vendor demands or

takes possession of the property covered by the contract, and it appears by the affidavit of the

mortgagor or vendee, or the mortgagor's or vendee's agent or attorney, to the satisfaction of the

judge of the district court of the county wherein such property is situated, that the mortgagor or

vendee has a legal counterclaim or is entitled to take advantage of the provisions of section

28-29-07, or has any other valid defense against the collection of the whole or any part of the

amount claimed to be due, such judge, by an order to that effect, may enjoin the mortgagee

from foreclosing such mortgage by advertisement, or the vendor from taking possession of or

selling such property, and may direct that all further proceedings be had in the district court

having jurisdiction of the subject matter. For the purpose of carrying out the provisions of this

section, service may be made on the mortgagee or vendor or the mortgagee's or vendor's

attorney or agent. The provisions of this section apply to the assignee or transferee of any

mortgagee or vendor and to the assignee or successor in interest of the mortgagor or vendee.
N.D. Cent. Code § 28-31-07 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-07
28-31-07. Original writs or orders
Status: in_force

28-31-07. Original writs or orders

Upon application for an original writ or order to show cause, the supreme court in its

discretion may issue an order to show cause, or may direct an alternative writ to be issued by

the clerk, returnable at a time deemed proper.
N.D. Cent. Code § 28-21-25 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-25
28-21-25. Limitation on bond requirements in litigation
Status: in_force

28-21-25. Limitation on bond requirements in litigation

1. In civil litigation under any legal theory, the supersedeas bond to be furnished to stay

the execution of the judgment during the entire course of appellate review must be set

in accordance with applicable laws or court rules, except that the total supersedeas

bond that is required of all appellants collectively may not exceed twenty-five million

dollars, regardless of the amount of the judgment.

2. Notwithstanding subsection 1, if an appellee proves by a preponderance of the

evidence that an appellant is dissipating assets outside the ordinary course of

business to avoid payment of a judgment, a court may require the appellant to post a

supersedeas bond in an amount up to the total amount of the judgment.
N.D. Cent. Code § 28-04-02 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-02
28-04-02. Personal actions having venue where subject matter is located
Status: in_force

28-04-02. Personal actions having venue where subject matter is located

An action for any of the following causes must be tried in the county in which the subject of

the action, or some part of the subject, is situated, subject to the power of the court to change

the place of trial in the cases provided by sections 28-04-09 and 28-04-10:

1. For the recovery of personal property distrained for any cause; and

2. For recovery on an insurance policy for loss or damage to the property insured, and

such property at the time of its loss or damage is deemed the subject matter of the

action.
N.D. Cent. Code § 28-26-27 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-27
28-26-27. Dismissal when surety not given
Status: in_force

28-26-27. Dismissal when surety not given

An action in which surety for costs is required and has not been given must be dismissed on

motion and notice by the defendant at any proper time before judgment, unless in a reasonable

time to be allowed by the court such surety for costs is given.
N.D. Cent. Code § 28-01.2-04 — ND Code / Title 28 / Chapter 28-01.2 / Section 28-01.2-04
28-01.2-04. Unfairness
Status: in_force

28-01.2-04. Unfairness

If the court determines that the limitation period of another state applicable under sections

28-01.2-02 and 28-01.2-03 is substantially different from the limitation period of this state and

has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending

against, the claim, the limitation period of this state applies.
N.D. Cent. Code § 28-36-02 — ND Code / Title 28 / Chapter 28-36 / Section 28-36-02
28-36-02. Burden of proof - Entry of order restricting vexatious litigation
Status: in_force

28-36-02. Burden of proof - Entry of order restricting vexatious litigation

1. If the court finds by a preponderance of the evidence an individual is a vexatious

litigant, the court shall enter a prefiling order restricting the vexatious litigant from filing

new litigation or filing documents within existing litigation without prior approval of the

court.

2. A prefiling order must:

a. Impose all costs of the vexatious litigation against the filing party; and

b. Award the opposing party reasonable attorney fees and costs associated with

responding to the vexatious litigant, including the cost of seeking the prefiling

order.
N.D. Cent. Code § 28-14-07 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-07
28-14-07. Trial of challenge
Status: in_force

28-14-07. Trial of challenge

Challenges for cause must be tried by the court. The juror challenged and any other person

may be examined as a witness on the trial of the challenge.
N.D. Cent. Code § 28-26-03 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-03
28-26-03. Costs on appeal from county justice
Status: repealed

28-26-03. Costs on appeal from county justice

Repealed by S.L. 1981, ch. 320, § 111.
N.D. Cent. Code § 28-03-02 — ND Code / Title 28 / Chapter 28-03 / Section 28-03-02
28-03-02. Appointment of guardian ad litem for infant defendant - Resident
Status: in_force

28-03-02. Appointment of guardian ad litem for infant defendant - Resident

When an infant is defendant and resides in this state, a guardian ad litem may be appointed

upon the application of the infant if the infant is at least fourteen years of age and applies within

twenty days after the service of the summons. If the infant is under the age of fourteen years or

neglects so to apply, then the application may be made by any other party to the action or by a

relative or friend of the infant. If the application is not made by the infant, notice thereof must be

given to the infant's guardian or conservator, if the infant has either, and if not, then to the infant

if the infant is at least fourteen years of age, and if the infant is under that age, then to the

person with whom such infant resides.
N.D. Cent. Code § 28-14-22 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-22
28-14-22. Sealed verdict - Adjournment
Status: in_force

28-14-22. Sealed verdict - Adjournment

While the jury is absent, the court may adjourn from time to time in respect to other

business, but it nevertheless is open for every purpose connected with the cause submitted to

the jury, until a verdict is rendered or the jurors are discharged. The court may direct the jurors

to bring in a sealed verdict at the opening of the court in case of an agreement during a recess

or adjournment for the day. A final adjournment of the court for the term discharges the jurors.
N.D. Cent. Code § 28-01-04 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-04
28-01-04. Actions for recovery or possession of real property - Limitations
Status: in_force

28-01-04. Actions for recovery or possession of real property - Limitations

No action for the recovery of real property or for the possession thereof may be maintained,

unless the plaintiff, or the plaintiff's ancestor, predecessor, or grantor, was seized or possessed

of the premises in question within twenty years before the commencement of such action.
N.D. Cent. Code § 28-22-19 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-19
28-22-19. Exemptions from legal process - Public pensions, assistance, and awards
Status: in_force

28-22-19. Exemptions from legal process - Public pensions, assistance, and awards

The following amounts are exempt from liability for debts of the person to or on account of

whom the amounts are paid, and are not subject to seizure upon execution or other process:

1. All pensions or annuities or retirement, disability, death, or other benefits paid or

payable by, or amounts received as a return of contributions and interest from, a

retirement system established pursuant to state law by the state except as provided by

sections 15-39.1-12.2, 39-03.1-14.2, 54-52-17.6, and 54-52.2-03.3, a state agency, a

political subdivision of the state, or a firefighters relief association for retirement,

annuity, pension, disability benefit, or death benefit purposes. The exemption in this

subsection does not apply to the collection of child support unless federal law requires

an exemption or if complying with an execution or other process would require an

actuarial analysis to determine the current value of the amounts that are payable to the

debtor.

2. All awards made pursuant to chapter 54-23.4 as compensation for victims of crimes.

3. All payments of assistance as aid to dependent children pursuant to chapter 50-09.
N.D. Cent. Code § 28-05-08 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-08
28-05-08. Cancellation of lis pendens
Status: in_force

28-05-08. Cancellation of lis pendens

The court in which the action was commenced, at any time, on application of any person

aggrieved and on good cause shown and on such notice as directed or approved by the court,

may order the notice authorized by section 28-05-07 to be canceled of record in whole or in part

by the recorder of any county in whose office the same may have been filed for record, and

such cancellation must be made by an endorsement to that effect on the margin of the record

which shall refer to the order. Such cancellation, in like manner, may be made by the recorder

upon a written request, directing such cancellation, signed by the party or the attorney of the

party who caused such notice to be filed. Such notice is also canceled by the entry of a final

judgment in the action if no appeal has been taken from such judgment within the time provided

by law.
N.D. Cent. Code § 28-01-27 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-27
28-01-27. Limitation in case of war
Status: in_force

28-01-27. Limitation in case of war

When a person is a subject or a citizen of a country at war with the United States, the time

of the continuance of the war is not a part of the period limited for the commencement of any

action.
N.D. Cent. Code § 28-21-26 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-26
28-21-26. Amount payable to sheriff by depository institution or credit union
Status: in_force

28-21-26. Amount payable to sheriff by depository institution or credit union

The amount payable to a sheriff by a depository institution or credit union that has been

served with a notice of levy is limited to the lesser of the amount necessary to satisfy the

execution or the deposit account balance of the debtor as shown by the deposit institution's or

credit union's records at the time the notice of levy is served.
N.D. Cent. Code § 28-35-04 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-04
28-35-04. (105) Cooperation between courts
Status: in_force

28-35-04. (105) Cooperation between courts

1. In a guardianship or protective proceeding in this state, a court of this state may

request the appropriate court of another state to do any of the following:

a. Hold an evidentiary hearing;

b. Order a person in that state to produce evidence or give testimony pursuant to

procedures of that state;

c. Order that an evaluation or assessment be made of the respondent;

d. Order any appropriate investigation of a person involved in a proceeding;

e. Forward to the court of this state a certified copy of the transcript or other record

of a hearing under subdivision a or any other proceeding, any evidence otherwise

produced under subdivision b, and any evaluation or assessment prepared in

compliance with an order under subdivision c or d;

f. Issue any order necessary to assure the appearance in the proceeding of a

person whose presence is necessary for the court to make a determination,

including the respondent or the incapacitated or protected person; or

g. Issue an order authorizing the release of medical, financial, criminal, or other

relevant information in that state, including protected health information as

defined in title 45, Code of Federal Regulations, part 164, section 504.

2. If a court of another state in which a guardianship or protective proceeding is pending

requests assistance of the kind provided in subsection 1, a court of this state has

jurisdiction for the limited purpose of granting the request or making reasonable efforts

to comply with the request.
N.D. Cent. Code § 28-22-04 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-04
28-22-04. Specific alternative exemptions
Status: repealed

28-22-04. Specific alternative exemptions

Repealed by S.L. 2009, ch. 276, § 12.
N.D. Cent. Code § 28-20-06 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-06
28-20-06. Judgments - Collection from property of decedent
Status: in_force

28-20-06. Judgments - Collection from property of decedent

If judgment has been rendered against a person who thereafter dies:

1. The judgment may be enforced by execution against any real property of the decedent

upon which it had become a lien prior to the decedent's death, but no such execution

may issue until after the expiration of one year from the death of the judgment debtor;

2. If execution was actually levied prior to the decedent's death upon personal property,

such property may be sold to satisfy the execution, and the officer making the sale

shall account to the personal representative for any surplus remaining in the officer's

hands;

3. If the judgment is for the recovery of real or personal property or for the enforcement of

a lien thereon, execution may issue for the enforcement of such judgment; and

4. If the judgment is for the recovery of money, it may be presented as any other claim

against the estate of the decedent.
N.D. Cent. Code § 28-03-06 — ND Code / Title 28 / Chapter 28-03 / Section 28-03-06
28-03-06. Liability for costs of guardian ad litem appointed for a defendant
Status: in_force

28-03-06. Liability for costs of guardian ad litem appointed for a defendant

No person appointed a guardian for the purpose of defending an action brought against an

infant or person of unsound mind is liable for the costs of such action, unless specially charged

by order of the court resulting from a personal misfeasance by the guardian.
N.D. Cent. Code § 28-33-02 — ND Code / Title 28 / Chapter 28-33 / Section 28-33-02
28-33-02. Interpreter required
Status: in_force

28-33-02. Interpreter required

1. At all stages of any judicial or administrative proceedings in which a deaf person is a

principal party in interest, the appointing authority shall appoint a qualified interpreter

to interpret or to translate the proceedings to the deaf person and to interpret or

translate the person's testimony.

2. Immediately after a deaf person is arrested for any alleged violation of criminal law and

penalty may include imprisonment or a fine in excess of one hundred dollars, or both,

an interpreter must be appointed. No attempt to interrogate or take a statement from

such person may be permitted until a qualified interpreter is appointed for the deaf

person and then only through the use of the interpreter.

3. Whenever any deaf person is a party to any proceedings involving, or is receiving any

services from, any agency under the authority of the state or any political subdivision,

the agency shall inform the deaf person of that person's right to a qualified interpreter

to interpret or translate the action of any personnel providing such service and to

assist the deaf person in communicating with each other person. The interpreter must

be appointed, at the expense of the agency, upon the request of the deaf person or the

deaf person's parent or guardian, if the deaf person is a minor.
N.D. Cent. Code § 28-22-15 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-15
28-22-15. When only absolute exemptions allowed
Status: in_force

28-22-15. When only absolute exemptions allowed

Only absolute exemptions may be allowed against process:

1. For the wages of a laborer or mechanic who is, or had been, employed by the

judgment debtor;

2. Upon a debt incurred for property obtained under false pretenses;

3. For fines, penalties, or costs of criminal prosecutions;

4. Against a nonresident;

5. Against a debtor who is in the act of removing with the debtor's family from the state;

or

6. Against a debtor who has absconded, taking the debtor's family along.
N.D. Cent. Code § 28-32-34 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-34
28-32-34. Administration of oaths - Parties to be advised of perjury provisions
Status: in_force

28-32-34. Administration of oaths - Parties to be advised of perjury provisions

Any hearing officer in an administrative proceeding has the power to examine witnesses

and records and to administer oaths to witnesses. At the time the person presiding administers

the oath to a witness, the person shall advise the witness of the provisions of subsection 1 of

section 12.1-11-01 and of the maximum penalty for perjury.
N.D. Cent. Code § 28-20.3-03 — ND Code / Title 28 / Chapter 28-20.3 / Section 28-20.3-03
28-20.3-03. Standards for recognition of foreign-country judgment
Status: in_force

28-20.3-03. Standards for recognition of foreign-country judgment

1. Except as otherwise provided in subsections 2 and 3, a court of this state shall

recognize a foreign-country judgment to which this chapter applies.

2. A court of this state may not recognize a foreign-country judgment if:

a. The judgment was rendered under a judicial system that does not provide

impartial tribunals or procedures compatible with the requirements of due process

of law;

b. The foreign court did not have personal jurisdiction over the defendant; or

c. The foreign court did not have jurisdiction over the subject matter.

3. A court of this state need not recognize a foreign-country judgment if:

a. The defendant in the proceeding in the foreign court did not receive notice of the

proceeding in sufficient time to enable the defendant to defend;

b. The judgment was obtained by fraud that deprived the losing party of an

adequate opportunity to present its case;

c. The judgment or the cause of action on which the judgment is based is repugnant

to the public policy of this state or of the United States;

d. The judgment conflicts with another final and conclusive judgment;

e. The proceeding in the foreign court was contrary to an agreement between the

parties under which the dispute in question was to be determined otherwise than

by proceedings in that foreign court;

f. In the case of jurisdiction based only on personal service, the foreign court was a

seriously inconvenient forum for the trial of the action;

g. The judgment was rendered in circumstances that raise substantial doubt about

the integrity of the rendering court with respect to the judgment; or

h. The specific proceeding in the foreign court leading to the judgment was not

compatible with the requirements of due process of law.

4. A party resisting recognition of a foreign-country judgment has the burden of

establishing that a ground for nonrecognition stated in subsection 2 or 3 exists.
N.D. Cent. Code § 28-31-01 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-01
28-31-01. Fees
Status: in_force

28-31-01. Fees

Superseded by N.D.R.App.P., Rule 12.
N.D. Cent. Code § 28-01.4-04 — ND Code / Title 28 / Chapter 28-01.4 / Section 28-01.4-04
28-01.4-04. Useful safe life - Statute of repose - Statute of limitation
Status: in_force

28-01.4-04. Useful safe life - Statute of repose - Statute of limitation

1. An aviation manufacturer may not be held liable in a product liability action if the

defendant establishes that the harm was caused after the period of useful safe life of

the aircraft or aircraft component had expired. The useful safe life of an aircraft or

aircraft component may be measured in units of time or in other units that accurately

gauge the useful safe life of a product.

2. In a claim for relief that involves injury more than ten years after the date of first

delivery of the aircraft or aircraft component to the first user, purchaser, or lessee, a

disputable presumption arises that the harm was caused after the useful safe life had

expired. The presumption may only be rebutted by clear and convincing evidence. If

the aviation manufacturer or seller expressly warrants that its product can be utilized

safely for a period longer than ten years, the period of repose is extended according to

the warranty or promise.

3. With respect to any aircraft component that replaced another product originally in, or

which was added to, the aircraft, and which is alleged to have caused the claimant's

damages, no claim for damages may be made after the useful safe life of the

component, the period stated in the warranty, or ten years after manufacture of the

component, whichever is later.

4. A product liability action may not be brought more than two years after the time the

claimant discovered, or in the exercise of due diligence should have discovered, the

harm and cause of the action.
N.D. Cent. Code § 28-22-01.1 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-01.1
28-22-01.1. Head of a family defined
Status: in_force

28-22-01.1. Head of a family defined

The phrase "head of a family" as used in this chapter means:

1. The husband or wife when the claimant is a married person.

2. Every person who has residing on the premises with the person and under the

person's care and maintenance, any of the following:

a. That person's child or the child of that person's deceased spouse, whether by

birth or adoption.

b. A minor brother or sister or the minor child of a deceased brother or sister.

c. A father, mother, grandfather, or grandmother.

d. The father or mother or grandfather or grandmother of a deceased husband or

wife.

e. Any other of the relatives mentioned in this section who have attained the age of

majority and are unable to take care of or support themselves.

3. Every person who provides support for unmarried minor children of a previous

marriage of the person, even though the children do not reside on the premises with

the person.
N.D. Cent. Code § 28-32-14 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-14
28-32-14. Attorney general review of rules
Status: in_force

28-32-14. Attorney general review of rules

Every rule proposed by any administrative agency must be submitted to the attorney

general for an opinion as to its legality before final adoption, and the attorney general promptly

shall furnish each such opinion. The attorney general may not approve any rule as to legality

when the rule exceeds the statutory authority of the agency or is written in a manner that is not

concise or easily understandable or when the procedural requirements for adoption of the rule in

this chapter are not substantially met. The attorney general shall advise an agency of any

revision or rewording of a rule necessary to correct objections as to legality.
N.D. Cent. Code § 28-32-08.2 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-08.2
28-32-08.2. Fiscal notes for rules
Status: in_force

28-32-08.2. Fiscal notes for rules

When an agency or the commission presents rules for administrative rules committee

consideration, the agency or commission shall provide a fiscal note or a statement in its

testimony that the rules have no fiscal effect. A fiscal note must reflect the effect of the rules

changes on state revenues and expenditures, including any effect on funds controlled by the

agency or commission.
N.D. Cent. Code § 28-25-14 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-14
28-25-14. Procedure on adverse claims
Status: in_force

28-25-14. Procedure on adverse claims

If it appears that a person, corporation, or limited liability company alleged to have property

of the judgment debtor, or to be indebted to the judgment debtor, claims an interest in the

property adverse to the judgment debtor or denies the debt, such interest or debt is recoverable

only in an action against such person, corporation, or limited liability company by the receiver,

but the judge by order may forbid a transfer or other disposition of such property or interest until

a sufficient opportunity is given to the receiver to commence the action and prosecute the same

to judgment and execution. Such order may be modified or dissolved by the judge granting the

same at any time on such security as the judge shall direct.
N.D. Cent. Code § 28-05-01 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-01
28-05-01. Civil action - How commenced
Status: in_force

28-05-01. Civil action - How commenced

Superseded by N.D.R.Civ.P., Rule 3.
N.D. Cent. Code § 28-32-04 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-04
28-32-04. Repeal or waiver of rules from federal guidelines
Status: in_force

28-32-04. Repeal or waiver of rules from federal guidelines

1. An agency shall repeal or amend any existing rule that was adopted from federal

guidelines and which is not relevant to state regulatory programs.

2. An agency may not adopt rules from federal guidelines which are not relevant to state

regulatory programs when developing or modifying programs.

3. An agency shall seek a waiver from the appropriate United States agency when the

United States agency is evaluating current programs or delegating or modifying

programs to relieve the agency from complying with or adopting rules that are not

relevant to state regulatory programs.
N.D. Cent. Code § 28-32-05 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-05
28-32-05. Adoption by reference of certain rules
Status: in_force

28-32-05. Adoption by reference of certain rules

1. When adopting rules, an agency shall adopt by reference any applicable existing

permit or procedural rules that may be adapted for use in a new or existing program.

2. An agency shall seek authorization from the appropriate United States agency to

adopt by reference applicable existing permit or procedural rules that may be adapted

for use in a new or existing program when the United States agency is delegating or

modifying a program.
N.D. Cent. Code § 28-22-13 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-13
28-22-13. Partnership or limited liability company can claim but one exemption
Status: in_force

28-22-13. Partnership or limited liability company can claim but one exemption

A partnership or limited liability company can claim but one exemption, which must be in the

amount in value or in alternative property allowed to the head of a family, if any one of the

partners or members is the head of a family, and must be in the amount in value allowed to a

single person if none of the partners or members is the head of a family. Such exemption may

be claimed out of the partnership or limited liability company property.
N.D. Cent. Code § 28-33-04 — ND Code / Title 28 / Chapter 28-33 / Section 28-33-04
28-33-04. Oath of interpreter
Status: in_force

28-33-04. Oath of interpreter

Superseded by N.D.R.Ct., Rule 6.10.
N.D. Cent. Code § 28-26-17 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-17
28-26-17. Costs of postponement
Status: in_force

28-26-17. Costs of postponement

When an application is made to a court or referee to postpone a trial, the payment of costs

occasioned by the postponement may be imposed in the discretion of the court or referee as a

condition of granting the same.
N.D. Cent. Code § 28-32-23 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-23
28-32-23. Adjudicative proceedings - Exceptions - Rules of procedure
Status: in_force

28-32-23. Adjudicative proceedings - Exceptions - Rules of procedure

Notwithstanding the requirements for standardization of procedures in adjudicative

proceedings under this chapter, an administrative agency may adopt specific agency rules of

procedure not inconsistent with this chapter. An administrative agency may also adopt specific

agency rules of procedure when necessary to comply with requirements found elsewhere in this

code or when necessary to comply with the requirements of federal statutes, rules, or

standards.
N.D. Cent. Code § 28-01-38 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-38
28-01-38. When action deemed commenced
Status: in_force

28-01-38. When action deemed commenced

An action is commenced as to each defendant when the summons is served on that

defendant, or on a codefendant who is a joint contractor or otherwise united in interest with that

defendant. An attempt to commence an action is equivalent to the commencement thereof

within the meaning of this chapter when the summons, with the intent that it shall be actually

served, is delivered:

1. To the sheriff or other officer of the county in which the defendants or one of them

usually or last resided; or

2. To the sheriff or other officer, if a corporation is defendant, of the county in which was

situated the principal place of business of such corporation, or in which its general

business was transacted, or in which it kept an office for the transaction of business.

Such an attempt must be followed within sixty days by the first publication of the summons or

the service thereof.
N.D. Cent. Code § 28-20-15 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-15
28-20-15. Affidavit of identification required before filing of judgments
Status: in_force

28-20-15. Affidavit of identification required before filing of judgments

No judgment for the recovery of money against any person may be docketed or entered

until the judgment creditor, or the judgment creditor's agent or attorney, has filed with the clerk of

the district court an affidavit stating the full name, occupation, place of residence, and post-office

address of the judgment debtor, to the best of the affiant's information and belief, and if the

debtor has a known street address, or residence number, or both, it must be given. This section

does not apply to any case in which judgment is taken against a corporation, limited liability

company, copartnership, public official, or party sued in a representative capacity. Failure to file

such affidavit, or the filing of a defective or insufficient affidavit, does not invalidate the judgment

docketed or entered, but the clerk of the district court entering or docketing a judgment without

such affidavit of identification is liable to any person damaged thereby in the sum of five dollars.
N.D. Cent. Code § 28-32-42 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-42
28-32-42. Appeal from determination of agency - Time to appeal - How appeal taken
Status: in_force

28-32-42. Appeal from determination of agency - Time to appeal - How appeal taken

1. Any party to any proceeding heard by an administrative agency, except when the order

of the administrative agency is declared final by any other statute, may appeal from

the order within thirty days after notice of the order has been given as required by

section 28-32-39. If a reconsideration has been requested as provided in section

28-32-40, the party may appeal within thirty days after notice of the final determination

upon reconsideration has been given as required by sections 28-32-39 and 28-32-40.

If an agency does not dispose of a petition for reconsideration within thirty days after

the filing of the petition, the agency is deemed to have made a final determination

upon which an appeal may be taken.

2. Any interested person who has participated in the rulemaking process of an

administrative agency may appeal the agency's rulemaking action if the appeal is

taken within ninety days after the date of publication in the North Dakota Administrative

Code of the rule resulting from the agency rulemaking action.

3. a. The appeal of an order may be taken to the district court designated by law, and if

none is designated, then to the district court of the county in which the hearing or

a part thereof was held. If the administrative proceeding was disposed of

informally, or for some other reason no hearing was held, an appeal may be

taken to the district court of Burleigh County. Only final orders are appealable. A

procedural order made by an administrative agency while a proceeding is

pending before it is not a final order.

b. The appeal of an agency's rulemaking action may be taken to the district court of

Burleigh County.

4. An appeal shall be taken by serving a notice of appeal and specifications of error

specifying the grounds on which the appeal is taken, upon the administrative agency

concerned, upon the attorney general or an assistant attorney general, and upon all

the parties to the proceeding before the administrative agency, and by filing the notice

of appeal and specifications of error together with proof of service of the notice of

appeal, and the undertaking required by this section, with the clerk of the district court

to which the appeal is taken. In an appeal of an agency's rulemaking action, only the

administrative agency concerned, the attorney general, or an assistant attorney

general, as well as the legislative council, need to be notified.

5. The notice of appeal must specify the parties taking the appeal as appellants. The

agency and all other parties of record who are not designated as appellants must be

named as appellees. A notice of appeal of agency rulemaking actions need not name

all persons participating in the rulemaking proceeding as appellees. The agency and

all parties of record have the right to participate in the appeal. In the appeal of agency

rulemaking action, any person who has participated in the rulemaking process has the

right to participate in the appeal.

6. A bond or other undertaking for costs on appeal must be filed by the appellant as is

required by appellants for costs on appeal in civil cases under the rules of appellate

procedure. The bond or other undertaking must be filed with the clerk of the district

court with the notice of appeal, must be made to the state of North Dakota, and may

be enforced by the agency concerned for and on behalf of the state as obligee. A bond

or other undertaking is not required when filing fees have been waived by a district

court pursuant to section 27-01-07 or when the costs of preparation and filing of the

record of administrative agency proceedings have been waived by a district court

pursuant to subsection 3 of section 28-32-44.
N.D. Cent. Code § 28-27-39 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-39
28-27-39. Petitions for rehearing - Form of
Status: repealed

28-27-39. Petitions for rehearing - Form of

Repealed by S.L. 1947, ch. 236, § 2.
N.D. Cent. Code § 28-25-06 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-06
28-25-06. Debtor cannot claim privilege
Status: in_force

28-25-06. Debtor cannot claim privilege

A person on examination pursuant to this chapter may not be excused from answering any

question on the ground that the person's examination will tend to incriminate the person, but the

person's answer may not be used as evidence against the person in any criminal proceeding or

prosecution.
N.D. Cent. Code § 28-27-06 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-06
28-27-06. Clerk to transmit papers
Status: in_force

28-27-06. Clerk to transmit papers

Superseded by N.D.R.App.P., Rule 11.
N.D. Cent. Code § 28-20-17 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-17
28-20-17. Duties of clerks on filing transcript
Status: in_force

28-20-17. Duties of clerks on filing transcript

Upon the filing of a transcript of judgment in the office of any clerk of a district court, the

clerk with whom such transcript is filed forthwith shall notify by mail the clerk issuing the same of

the time when such judgment was docketed in the county in which such transcript is filed, and a

memorandum showing the time of such docketing must be entered by the clerk who issued the

transcript, upon that clerk's judgment docket.
N.D. Cent. Code § 28-35-19 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-19
28-35-19. (403) Effect of registration
Status: in_force

28-35-19. (403) Effect of registration

1. Upon registration of a guardianship or protective order from another state, the

guardian or conservator may exercise in this state all powers authorized in the order of

appointment except as prohibited under the laws of this state, including maintaining

actions and proceedings in this state and, if the guardian or conservator is not a

resident of this state, subject to any conditions imposed upon nonresident parties.

2. A court of this state may grant any relief available under this chapter and other law of

this state to enforce a registered order.
N.D. Cent. Code § 28-35-18 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-18
28-35-18. (402) Registration of protective orders
Status: in_force

28-35-18. (402) Registration of protective orders

If a conservator has been appointed in another state and a petition for a protective order is

not pending in this state, the conservator appointed in the other state, after giving notice to the

appointing court of an intent to register, may register the protective order in this state by filing as

a foreign judgment in a court of this state, in any county in which property belonging to the

protected person is located, certified copies of the order and letters of office and of any bond.
N.D. Cent. Code § 28-24-11 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-11
28-24-11. Debtor entitled to rents during redemption period
Status: in_force

28-24-11. Debtor entitled to rents during redemption period

The debtor under an execution or foreclosure sale of the debtor's property is entitled to the

possession, rents, use, and benefit of the property sold from the date of the sale until the

expiration of the period of redemption except as provided by section 32-19-19.
N.D. Cent. Code § 28-23-11 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-11
28-23-11. Purchaser's right - Sheriff's certificate
Status: in_force

28-23-11. Purchaser's right - Sheriff's certificate

1. The purchaser of real property under execution is substituted for the judgment debtor

and acquires all the right, title, interest, and claim of the debtor to the property. If the

estate is a leasehold less than two years' unexpired term, the sale is absolute.

Otherwise, the real property is subject to redemption under this title. The officer shall

give to the purchaser a certificate of sale containing:

a. A particular description of the real property sold;

b. A statement of the price bid for each distinct lot or parcel;

c. A statement of the whole price paid;

d. If subject to redemption, a statement to that effect, including the applicable

redemption period; and

e. The name of each plaintiff and defendant named in the foreclosure action or

served in the foreclosure by the advertisement.

2. The officer shall execute the certificate and acknowledge or prove the certificate as

required for deeds of real property.
N.D. Cent. Code § 28-27-38 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-38
28-27-38. Rehearing
Status: repealed

28-27-38. Rehearing

Repealed by S.L. 1947, ch. 236, § 2.
N.D. Cent. Code § 28-14-09 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-09
28-14-09. Alternate jurors
Status: in_force

28-14-09. Alternate jurors

Superseded by N.D.R.Civ.P., Rule 47.
N.D. Cent. Code § 28-32-36 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-36
28-32-36. Agency to make record
Status: in_force

28-32-36. Agency to make record

An administrative agency shall make a record of all testimony, written statements,

documents, exhibits, and other evidence presented at any adjudicative proceeding or other

administrative proceeding heard by it. Oral testimony may be taken by a court reporter, by a

stenographer, or by use of an electronic recording device. All evidence presented at any

proceeding before the administrative agency shall be filed with the agency. A copy of the record

of any proceeding before an administrative agency, or a part thereof, must be furnished to any

party to the proceeding and to any other person allowed to participate in the proceeding, upon

written request submitted to the agency and upon payment of a uniform charge to be set by the

agency. Any fee paid to an administrative agency for the record, or a part thereof, shall be paid

into the general fund and is appropriated as a refund to the agency for the purposes of defraying

the costs of preparing the record. An agency may contract with any person or another agency to

prepare a record, or a part thereof, of any proceeding before the agency.
N.D. Cent. Code § 28-20.1-05 — ND Code / Title 28 / Chapter 28-20.1 / Section 28-20.1-05
28-20.1-05. Fees
Status: in_force

28-20.1-05. Fees

Any person filing a foreign judgment shall pay to the clerk of court a filing fee as prescribed

in subdivision d of subsection 1 of section 27-05.2-03. Fees for docketing, transcription, or other

enforcement proceedings must be as provided for judgments of the district court of any county

of this state.
N.D. Cent. Code § 28-35-15 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-15
28-35-15. (301) Transfer of guardianship or conservatorship to another state
Status: in_force

28-35-15. (301) Transfer of guardianship or conservatorship to another state

1. A guardian or conservator appointed in this state may petition the court to transfer the

guardianship or conservatorship to another state.

2. Notice of a petition under subsection 1 must be given to the persons that would be

entitled to notice of a petition in this state for the appointment of a guardian or

conservator.

3. On the court's own motion or on request of the guardian or conservator, the

incapacitated or protected person, or other person required to be notified of the

petition, the court shall hold a hearing on a petition filed pursuant to subsection 1.

4. The court shall issue an order provisionally granting a petition to transfer a

guardianship and shall direct the guardian to petition for guardianship in the other state

if the court is satisfied that the guardianship will be accepted by the court in the other

state and the court finds that:

a. The incapacitated person is physically present in or is reasonably expected to

move permanently to the other state;

b. An objection to the transfer has not been made or, if an objection has been made,

the objector has not established that the transfer would be contrary to the

interests of the incapacitated person; and

c. Plans for care and services for the incapacitated person in the other state are

reasonable and sufficient.

5. The court shall issue a provisional order granting a petition to transfer a

conservatorship and shall direct the conservator to petition for conservatorship in the

other state if the court is satisfied that the conservatorship will be accepted by the

court of the other state and the court finds that:

a. The protected person is physically present in or is reasonably expected to move

permanently to the other state, or the protected person has a significant

connection to the other state considering the factors in subsection 2 of section

28-35-06;

b. An objection to the transfer has not been made or, if an objection has been made,

the objector has not established that the transfer would be contrary to the

interests of the protected person; and

c. Adequate arrangements will be made for management of the protected person's

property.

6. The court shall issue a final order confirming the transfer and terminating the

guardianship or conservatorship upon its receipt of:

a. A provisional order accepting the proceeding from the court to which the

proceeding is to be transferred which is issued under provisions similar to section

28-35-16; and

b. The documents required to terminate a guardianship or conservatorship in this

state.
N.D. Cent. Code § 28-04-01 — ND Code / Title 28 / Chapter 28-04 / Section 28-04-01
28-04-01. Venue of actions relating to real property
Status: in_force

28-04-01. Venue of actions relating to real property

An action for any one of the following causes must be brought in the county in which the

subject matter of the action, or some part thereof, is situated, subject to the power of the court to

change the place of trial upon agreement of counsel or in other cases provided by statute:

1. For the recovery of real property, or of an estate or interest therein, or for the

determination in any form of such right or interest.

2. For injuries to real property.

3. For the partition of real property.

4. For the foreclosure of a mortgage upon real property.

5. For the taking of property by eminent domain.

Where the subject matter of the action is situated in more than one county, only one action need

be brought in one of the counties and the judgment rendered in that county is effective as to all

other counties upon its being docketed therein, and further or supplemental proceedings may be

held in each county where the judgment is docketed as though the action had originally been

commenced therein.
N.D. Cent. Code § 28-26-10 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-10
28-26-10. Costs in discretion of court
Status: in_force

28-26-10. Costs in discretion of court

In actions other than those specified in sections 28-26-07, 28-26-08, and 28-26-09, costs

may be allowed for or against either party in the discretion of the court. In all actions, when there

are several defendants not united in interest and making separate defenses by separate

answers and the plaintiff fails to recover judgment against all, the court may award costs to such

of the defendants as have judgment in their favor.
N.D. Cent. Code § 28-25-16 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-16
28-25-16. Punishment for contempt
Status: in_force

28-25-16. Punishment for contempt

If any person, party, or witness disobeys an order of the judge or referee duly served, such

person may be punished by the judge as for a contempt. In all cases of commitment under this

chapter, the person committed, in case of inability to perform the act required, or to endure the

imprisonment, may be discharged from imprisonment by the judge committing the person.
N.D. Cent. Code § 28-14-14 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-14
28-14-14. Exceptions to instructions
Status: in_force

28-14-14. Exceptions to instructions

Superseded by N.D.R.Civ.P., Rule 51.
N.D. Cent. Code § 28-01.3-01 — ND Code / Title 28 / Chapter 28-01.3 / Section 28-01.3-01
28-01.3-01. Definitions
Status: in_force

28-01.3-01. Definitions

As used in this chapter:

1. "Manufacturer" means a person or entity who designs, assembles, fabricates,

produces, constructs, or otherwise prepares a product or a component part of a

product prior to the sale of the product to a user or consumer. The term includes any

seller of a product who is owned in whole or significant part by the manufacturer or

who owns, in whole or significant part, the manufacturer.

2. "Product liability action" means any action brought against a manufacturer or seller of

a product, regardless of the substantive legal theory or theories upon which the action

is brought, for or on account of personal injury, death, or property damage caused by

or resulting from the manufacture, construction, design, formula, installation,

preparation, assembly, testing, packaging, labeling, or sale of any product, or the

failure to warn or protect against a danger or hazard in the use, misuse, or unintended

use of any product, or the failure to provide proper instructions for the use of any

product.

3. "Seller" means any individual or entity, including a manufacturer, wholesaler,

distributor, or retailer, who is engaged in the business of selling or leasing any product

for resale, use, or consumption.

4. "Unreasonably dangerous" means that the product is dangerous to an extent beyond

which would be contemplated by the ordinary and prudent buyer, consumer, or user of

that product in that community considering the product's characteristics, propensities,

risks, dangers, and uses, together with any actual knowledge, training, or experience

possessed by that particular buyer, user, or consumer.
N.D. Cent. Code § 28-33-06 — ND Code / Title 28 / Chapter 28-33 / Section 28-33-06
28-33-06. Privileged communications
Status: in_force

28-33-06. Privileged communications

Whenever a deaf person communicates through an interpreter to any person under such

circumstances that the communication would be privileged and the deaf person could not be

compelled to testify as to the communications, the privilege applies to the interpreter as well.
N.D. Cent. Code § 28-21-05.1 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-05.1
28-21-05.1. Levy with certified copy of judgment
Status: in_force

28-21-05.1. Levy with certified copy of judgment

A sheriff may levy upon a person's personal property upon receipt of a certified copy of

judgment docketed in any county requiring payment of money or the delivery of personal

property. The judgment creditor may also proceed to enforce the judgment by execution.
N.D. Cent. Code § 28-05-07.1 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-07.1
28-05-07.1. Lis pendens - Notice - Limitation of ten years
Status: in_force

28-05-07.1. Lis pendens - Notice - Limitation of ten years

On and after January 1, 1958, no lis pendens now of record or hereafter filed is notice,

either actual or constructive, of the pendency of any action or of any of the matters referred to in

the court files and records pertaining to the action noticed by such lis pendens, after such lis

pendens has been of record for ten years unless a new notice of lis pendens in the same action

is recorded within said ten years. The effect of any lis pendens which has been of record for ten

years upon the effective date of this section may be preserved by the recording of a new notice

of lis pendens in the same action on or before December 31, 1957. Nothing contained in this

section increases the effect or lengthens the term for which a lis pendens is notice under any

existing law nor create a right to renew the operation of a lis pendens already barred by any

existing law.
N.D. Cent. Code § 28-22-11 — ND Code / Title 28 / Chapter 28-22 / Section 28-22-11
28-22-11. Spouse or child over sixteen may act
Status: in_force

28-22-11. Spouse or child over sixteen may act

If in any case the debtor neglects or refuses, or for any cause fails, to claim the whole or

any of the exemptions to which the debtor is entitled, a spouse may make such claim or

demand, select and choose the property, select and designate one of the appraisers, and do all

other acts necessary in the premises the same and with like effect as the debtor might do, and if

the spouse neglects, refuses, or for any cause fails so to do in whole or in part, then one of the

children sixteen years of age or upwards, who is a member of the family, may do so in like

manner and with like effect.
N.D. Cent. Code § 28-25-01 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-01
28-25-01. Examination of judgment debtor
Status: in_force

28-25-01. Examination of judgment debtor

The court out of which an execution against property issued upon a judgment for more than

twenty-five dollars, exclusive of costs, may require the judgment debtor to appear and answer

concerning the judgment debtor's property:

1. If the execution has been returned unsatisfied in whole or in part, by the sheriff of the

county where the judgment debtor resides or has a place of business, or by the sheriff

of the county where issued, if the judgment debtor is a nonresident; or

2. If before the return of the execution it is made to appear to the court that the judgment

debtor has property which the judgment debtor unjustly refuses to apply to the

satisfaction of the execution.
N.D. Cent. Code § 28-01-16 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-16
28-01-16. Actions having six-year limitations
Status: in_force

28-01-16. Actions having six-year limitations

The following actions must be commenced within six years after the claim for relief has

accrued:

1. An action upon a contract, obligation, or liability, express or implied, subject to the

provisions of sections 28-01-15 and 41-02-104.

2. An action upon a liability created by statute, other than a penalty or forfeiture, when

not otherwise expressly provided.

3. An action for trespass upon real property.

4. An action for taking, detaining, or injuring any goods or chattels, including actions for

the specific recovery of personal property.

5. An action for criminal conversation or for any other injury to the person or rights of

another not arising upon contract, when not otherwise expressly provided.

6. An action for relief on the ground of fraud in all cases both at law and in equity, the

claim for relief in such case not to be deemed to have accrued until the discovery by

the aggrieved party of the facts constituting the fraud.
N.D. Cent. Code § 28-20-20 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-20
28-20-20. Assignment of judgment to be entered upon the judgment docket
Status: in_force

28-20-20. Assignment of judgment to be entered upon the judgment docket

Every clerk of the district court, upon the presentation of an assignment of any judgment

rendered or docketed in the court, signed by the party in whose favor the judgment is rendered,

or by the party's executor or administrator, and acknowledged in the manner prescribed by law

for the acknowledgment of deeds, shall note the fact of the assignment, the date thereof, and

the name of the assignee upon the docket of the judgment. No filing fee may be charged or

collected by the clerk of district court for entering an assignment of a judgment. The clerk of the

district court of any other county where the judgment is docketed shall note the fact of the

assignment, the date thereof, and the name of the assignee, upon the presentation and filing

with that clerk of a certified copy of the original judgment docket with the facts of the assignment

noted thereon.
N.D. Cent. Code § 28-21-21 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-21
28-21-21. Measure of amercement
Status: repealed

28-21-21. Measure of amercement

Repealed by S.L. 1993, ch. 103, § 8.
N.D. Cent. Code § 28-32-39 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-39
28-32-39. Adjudicative proceedings - Findings of fact, conclusions of law, and order of agency - Notice
Status: in_force

28-32-39. Adjudicative proceedings - Findings of fact, conclusions of law, and order

of agency - Notice.

1. In an adjudicative proceeding an administrative agency shall make and state concisely

and explicitly its findings of fact and its separate conclusions of law and the order of

the agency based upon its findings and conclusions.

2. If the agency head, or another person authorized by the agency head or by law to

issue a final order, is presiding, the order issued is the final order. The agency shall

serve a copy of the final order and the findings of fact and conclusions of law on which

it is based upon all the parties to the proceeding within thirty days after the evidence

has been received, briefs filed, and arguments closed, or as soon thereafter as

possible, in the manner allowed for service under the North Dakota Rules of Civil

Procedure.

3. If the agency head, or another person authorized by the agency head or by law to

issue a final order, is not presiding, then the person presiding shall issue

recommended findings of fact and conclusions of law and a recommended order within

thirty days after the evidence has been received, briefs filed, and arguments closed, or

as soon thereafter as possible. The recommended findings of fact and conclusions of

law and the recommended order become final unless specifically amended or rejected

by the agency head. The agency head may adopt the recommended findings of fact

and conclusions of law and the recommended order as final. The agency may allow

petitions for review of a recommended order and may allow oral argument pending

issuance of a final order. An administrative agency may adopt rules regarding the

review of recommended orders and other procedures for issuance of a final order by

the agency. If a recommended order is issued, the agency must serve a copy of any

final order issued and the findings of fact and conclusions of law on which it is based

upon all the parties to the proceeding within sixty days after the evidence has been

received, briefs filed, and arguments closed, or as soon thereafter as possible, in the

manner allowed for service under the North Dakota Rules of Civil Procedure.
N.D. Cent. Code § 28-14-04 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-04
28-14-04. Examination of jurors
Status: in_force

28-14-04. Examination of jurors

Superseded by N.D.R.Civ.P., Rule 47.
N.D. Cent. Code § 28-01-02 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-02
28-01-02. Actions relating to real estate brought by person claiming through grant from state - Limitations
Status: in_force

28-01-02. Actions relating to real estate brought by person claiming through grant

from state - Limitations.

No action may be brought for or in respect to real property by any person claiming by virtue

of a grant from this state, unless the same might have been commenced by this state as herein

specified in case such grant had not been issued or made.
N.D. Cent. Code § 28-27-40 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-40
28-27-40. Costs for briefs
Status: repealed

28-27-40. Costs for briefs

Repealed by S.L. 1947, ch. 236, § 2.
N.D. Cent. Code § 28-25-11 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-11
28-25-11. Property applied - Wages exempt - Suspension of recreational licenses for nonpayment of defaulted state guaranteed student loans
Status: in_force

28-25-11. Property applied - Wages exempt - Suspension of recreational licenses for

nonpayment of defaulted state guaranteed student loans.

1. The judge may order any property of the judgment debtor not exempt from execution

in the hands either of the judgment debtor or of any other person or due the judgment

debtor to be applied toward the satisfaction of the judgment, except that the earnings

of the debtor for the debtor's personal services at any time within sixty days next

preceding the order cannot be so applied when it is made to appear, by the debtor's

affidavit or otherwise, that the earnings are necessary for the use of a family supported

wholly or partly by the debtor's labor.

2. The court may withhold or suspend any certificate, permit, or license issued by lottery,

tag, electronically, or over the counter by the director of the game and fish department

which the judgment debtor is required to obtain before engaging in a recreational

activity. Following a decision to withhold or suspend a judgment debtor's certificate,

permit, or license for failure to repay a state guaranteed student loan, the court shall

notify the judgment debtor that the decision becomes final thirty days after the

notification unless the judgment debtor satisfies or makes arrangements to pay the

entire outstanding payment due or makes regular payment on the judgment in a

manner and at times satisfactory to the court. The court shall notify the director of the

game and fish department of the court's decision to withhold or suspend a debtor's

certificate, permit, or license. A certificate, permit, or license withheld or suspended by

an order issued under this section may be reissued only by order of the court. An

appeal by a debtor who has had a certificate, permit, or license suspended or withheld

under this section is an appeal from the court's order and may not be appealed to the

director of the game and fish department.
N.D. Cent. Code § 28-21-18 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-18
28-21-18. Return of writ by mail
Status: in_force

28-21-18. Return of writ by mail

When execution is issued in any county and directed and delivered to the sheriff of another

county, the sheriff after discharging all the duties required by law shall mail the execution to the

clerk who issued the execution. On proof by the sheriff that the execution was mailed soon

enough to have reached the clerk before the execution's expiration, the sheriff is not liable for

any penalty if the execution does not reach the office in due time.
N.D. Cent. Code § 28-24-02 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-02
28-24-02. Payment on and period of redemption
Status: in_force

28-24-02. Payment on and period of redemption

The judgment debtor or redemptioner may redeem the property from the purchaser during

the redemption period by paying the amount of the bid and any additional lien claimed under

section 28-24-07 with interest at the rate provided in the original instrument on which the

judgment is based. If the purchaser is also a creditor having a lien superior to that of the

redemptioner, the amount of that prior lien with interest must be paid to effect a redemption.

Except as provided in section 32-19-18 for redemption from foreclosure sales, the redemption

period is one year from the date of the sheriff's sale.
N.D. Cent. Code § 28-01-14 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-14
28-01-14. Disabilities extend limitations on actions affecting real estate
Status: in_force

28-01-14. Disabilities extend limitations on actions affecting real estate

If a person who is entitled to maintain any of the actions affecting real estate mentioned in

this chapter, or entitled to interpose a defense or counterclaim to such an action, or entitled to

make an entry upon real property is:

1. Under the age of eighteen years;

2. Insane; or

3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense

for a term less than for life,

at the time the person's title first descends or the person's claim for relief or right of entry first

accrues, or when such defense or counterclaim might be interposed, the time of such disability

is not a part of the time in this chapter limited for the commencement of such action, or the

making of such entry, or the interposing of such defense or counterclaim. However, the time so

limited cannot be extended more than ten years after the disability ceases or after the death of

the person so disabled.
N.D. Cent. Code § 28-26-18 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-18
28-26-18. Costs on motion
Status: in_force

28-26-18. Costs on motion

Upon a motion in an action or proceeding, costs may be awarded, not to exceed twenty-five

dollars, either absolutely or to abide the event of the action, to any party, in the discretion of the

court.
N.D. Cent. Code § 28-25-15 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-15
28-25-15. Allowance of witness fees and disbursements
Status: in_force

28-25-15. Allowance of witness fees and disbursements

The judge may allow to the judgment creditor or to any party examined, whether a party to

the action or not, witness fees and disbursements.
N.D. Cent. Code § 28-23-14 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-14
28-23-14. Reversal does not defeat sale
Status: in_force

28-23-14. Reversal does not defeat sale

If any judgment, in satisfaction of which any real property is sold, is reversed, the reversal

does not defeat nor affect the title of the purchaser, but restitution must be made by the

judgment creditor of the money received from the sale, with legal interest on the money from the

day of sale.
N.D. Cent. Code § 28-32-12 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-12
28-32-12. Comment period
Status: in_force

28-32-12. Comment period

The agency or commission shall allow, after the conclusion of any rulemaking hearing, a

comment period of at least ten days during which data, views, or arguments concerning the

proposed rulemaking will be received by the agency or commission and made a part of the

rulemaking record to be considered by the agency or commission.
N.D. Cent. Code § 28-32-51 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-51
28-32-51. Witnesses - Immunity
Status: in_force

28-32-51. Witnesses - Immunity

If any person objects to testifying or producing evidence, documentary or otherwise, at any

proceeding before an administrative agency, claiming a privilege against self-incrimination, but

is directed to testify or produce evidence pursuant to the written approval of the attorney

general, that person must comply with the direction but no testimony or evidence compelled

from that person, after a valid claim of privilege against self-incrimination has been made, may

be used against that person in any criminal proceeding subjecting that person to a penalty or

forfeiture. No person testifying at any proceeding before an administrative agency may be

exempted from prosecution and punishment for perjury or giving a false statement, or for

contempt committed in answering, or failing to answer, or in producing, or in failing to produce,

evidence pursuant to direction given under this section.
N.D. Cent. Code § 28-25-03 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-03
28-25-03. Before whom examination held
Status: in_force

28-25-03. Before whom examination held

The examination may be had before the court or before a referee appointed by the court. If

the judgment debtor is a resident of a judicial district other than that from which the execution

issued, the court may refer the examination to the district court of the county of the debtor's

residence.
N.D. Cent. Code § 28-20-05 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-05
28-20-05. Death before judgment
Status: in_force

28-20-05. Death before judgment

Superseded by N.D.R.Civ.P., Rule 54.
N.D. Cent. Code § 28-20.3-08 — ND Code / Title 28 / Chapter 28-20.3 / Section 28-20.3-08
28-20.3-08. Statute of limitations
Status: in_force

28-20.3-08. Statute of limitations

An action to recognize a foreign-country judgment must be commenced within the earlier of

the time during which the foreign-country judgment is effective in the foreign country or fifteen

years from the date the foreign-country judgment became effective in the foreign country.
N.D. Cent. Code § 28-01.2-02 — ND Code / Title 28 / Chapter 28-01.2 / Section 28-01.2-02
28-01.2-02. Conflict of laws - Limitation period
Status: in_force

28-01.2-02. Conflict of laws - Limitation period

1. Except as provided by section 28-01.2-04, if a claim is substantively based upon:

a. The law of one other state, the limitation period of that state applies; or

b. The law of more than one state, the limitation period of one of those states

chosen by the law of conflict of laws of this state, applies.

2. The limitation period of this state applies to all other claims.
N.D. Cent. Code § 28-29-07 — ND Code / Title 28 / Chapter 28-29 / Section 28-29-07
28-29-07. Debtor allowed reasonable time to make good default under security agreement
Status: in_force

28-29-07. Debtor allowed reasonable time to make good default under security

agreement.

In an action to foreclose or otherwise enforce a security interest in personal property, the

court in its discretion, upon the application of the debtor, may make an interlocutory order fixing

a reasonable time within which the debtor shall make good the default under the security

agreement and shall pay all costs of suit to date. If the debtor shows to the court, on or before

the date fixed by the interlocutory order, that the debtor has made such payment, or if the debtor

tenders it in court, then such action must be dismissed, otherwise, a final order for judgment for

plaintiff may be made as though such interlocutory order had not been made. The court has the

power to impound the personal property in controversy during the pendency of the interlocutory

order at the expense of the debtor.
N.D. Cent. Code § 28-01.3-07 — ND Code / Title 28 / Chapter 28-01.3 / Section 28-01.3-07
28-01.3-07. Declaration of legislative findings and intent
Status: in_force

28-01.3-07. Declaration of legislative findings and intent

1. The legislative assembly finds that products liability reforms enacted in 1979, 1987,

and 1993 have provided a needed degree of certainty in the laws governing civil

actions against product manufacturers and sellers.

2. In recent years it has become increasingly evident that there are still serious problems

with the current civil justice system. As a result, there is an urgent need for additional

legislation to establish clear and predictable rules with respect to certain matters

relating to products liability actions.

3. The purpose of sections 28-01.3-08 and 28-01.3-09 is to clarify and improve the

method of determining responsibility for the payment of damages in products liability

litigation; to restore balance and predictability between the consumer and the

manufacturer or seller in product liability litigation; to bring about a more fair and

equitable resolution of controversies in products liability litigation; to re-enact a statute

of repose to provide a reasonable period of time for the commencement of products

liability litigation after a manufacturer or seller has parted with possession of its

product; to address problems that have been created by judicial interpretation of our

previous enactments; to enact, with minor changes, several provisions of former

chapter 28-01.1; and to simplify and provide an increased degree of certainty and

predictability to our products liability laws.
N.D. Cent. Code § 28-33-03 — ND Code / Title 28 / Chapter 28-33 / Section 28-33-03
28-33-03. Proof of disability
Status: in_force

28-33-03. Proof of disability

An appointing authority may require a person requesting the appointment of an interpreter

to furnish reasonable proof of the person's disability when the appointing authority has reason to

believe that the person is not so disabled. In no event is a failure of a party or witness to request

an interpreter to be deemed a waiver of the right.
N.D. Cent. Code § 28-32-22 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-22
28-32-22. Informal disposition
Status: in_force

28-32-22. Informal disposition

Unless otherwise prohibited by specific statute or rule, informal disposition may be made of

any adjudicative proceeding, or any part or issue thereof, by stipulation, settlement, waiver of

hearing, consent order, default, alternative dispute resolution, or other informal disposition,

subject to agency approval. Any administrative agency may adopt rules of practice or procedure

for informal disposition if such rules do not substantially prejudice the rights of any party. Such

rules may establish procedures for converting an administrative matter from one type of

proceeding to another type of proceeding.
N.D. Cent. Code § 28-26-22 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-22
28-26-22. Payment of costs against state - Exception
Status: in_force

28-26-22. Payment of costs against state - Exception

In a civil action prosecuted in the name of the state by an officer duly authorized for that

purpose, the state is liable for the costs in the same cases and to the same extent as a private

party. If a private person is joined with the state as plaintiff, that person is liable in the first

instance for the defendant's costs, which may not be recovered of the state until after execution

is issued therefor against such private party and returned unsatisfied.
N.D. Cent. Code § 28-01-47 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-47
28-01-47. Limitation of action for asbestos claims
Status: in_force

28-01-47. Limitation of action for asbestos claims

1. The legislative assembly finds that it is in the interest of the general public, particularly

those persons who may bring claims regarding materials containing asbestos in public

buildings and those against whom the claims may be brought, to set a specific date by

which public building owners must bring a cause of action for removal or other

abatement costs associated with the presence of asbestos in their buildings. By

enactment of this statute of limitations, the legislative assembly does not imply that

suits would otherwise be barred by an existing limitations period.

2. Notwithstanding any other law to the contrary, any action to recover costs for removal

and replacement of asbestos or materials containing asbestos from a public building;

to recover costs for other measures taken to locate, correct, or ameliorate any problem

related to asbestos in a public building; or for reimbursement for removal and

replacement, correction, or amelioration of an asbestos problem in a public building,

must be commenced prior to August 1, 1997. Any such action which would otherwise

be barred before August 1, 1997, as a result of expiration of the applicable period of

limitation, is revived or extended. An asbestos action revived or extended under this

subsection must be commenced prior to August 1, 1997.

3. For purposes of this section, "public building" means any building owned by any

county, city, township, school district, park district, or any other unit of local

government, the state or any agency, industry, institution, board, or department

thereof.
N.D. Cent. Code § 28-20-25 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-25
28-20-25. Discharge of record
Status: in_force

28-20-25. Discharge of record

Upon the return of an execution issued upon a judgment that has been satisfied, or the

presentation of a satisfaction duly executed, to the clerk of any district court, the clerk shall

immediately note upon the judgment docket the date and manner of the cancellation.
N.D. Cent. Code § 28-21-07 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-07
28-21-07. Time of return
Status: in_force

28-21-07. Time of return

The execution must be returned to the clerk within sixty days after the receipt by the officer.

If a sheriff's levy has been made within the sixty days, the execution must be returned within a

reasonable time following the completion of the sale of the property or ninety days after receipt

by the officer. If a levy has been made and the issue of ownership of the property or interest in

the property is raised by any party, or if the issue whether the property is exempt under chapter

28-22 is raised by either party, the court having jurisdiction may extend, for good cause shown,

the execution for a reasonable time to accommodate due notice and hearing to determine these

issues and to provide time for the publication of notice of sale and sale of the property subject to

execution.
N.D. Cent. Code § 28-31-09 — ND Code / Title 28 / Chapter 28-31 / Section 28-31-09
28-31-09. Proceedings in exercise of original jurisdiction
Status: in_force

28-31-09. Proceedings in exercise of original jurisdiction

In an original cause in the supreme court, whether in response to an order to show cause or

an alternative writ of any kind, the respondent shall appear by written motion, answer, or return.

This may be submitted to the supreme court without waiver at one or different times, as may

best suit the convenience of the court and the parties, for purposes of expedition. Upon a

hearing, the parties may present, in support of the issues, affidavits and counter affidavits. If, for

the determination of controverted facts, a further hearing and additional evidence become

necessary, the court, upon application made therefor, shall determine the method of taking, and

the time for the return of, additional testimony, whether the same be by additional evidence, by

deposition, or by oral testimony taken before the court, or by reference either to a trial court or

some designated commissioner or referee.
N.D. Cent. Code § 28-27-08 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-08
28-27-08. Additional time to prepare record
Status: in_force

28-27-08. Additional time to prepare record

Superseded by N.D.R.App.P., Rule 11.
N.D. Cent. Code § 28-06.2-02 — ND Code / Title 28 / Chapter 28-06.2 / Section 28-06.2-02
28-06.2-02. Service upon officer, employee, agency, or government corporation of the United States
Status: in_force

28-06.2-02. Service upon officer, employee, agency, or government corporation of the

United States.

Service upon an officer, employee, or agency of the United States must be made by serving

the United States, and by delivering a copy of the summons and of the complaint to such officer,

employee, or agency. If the agency being sued is a government corporation, a copy of the

summons and of the complaint must be served in the manner service is authorized by state law

or the rules of civil procedure for service on a domestic corporation.
N.D. Cent. Code § 28-35-17 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-17
28-35-17. (401) Registration of guardianship orders
Status: in_force

28-35-17. (401) Registration of guardianship orders

If a guardian has been appointed in another state and a petition for the appointment of a

guardian is not pending in this state, the guardian appointed in the other state, after giving

notice to the appointing court of an intent to register, may register the guardianship order in this

state by filing as a foreign judgment in a court, in any appropriate county of this state, certified

copies of the order and letters of office.
N.D. Cent. Code § 28-01-20 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-20
28-01-20. Limitations on actions for forfeitures brought by persons or state
Status: in_force

28-01-20. Limitations on actions for forfeitures brought by persons or state

An action upon a statute for a penalty or forfeiture given in whole or in part to any person

who will prosecute for the same must be commenced within one year after the commission of

the offense and if the action is not commenced within the year by a private party, it may be

commenced within two years thereafter in behalf of the state by the attorney general, or by the

state's attorney of the county where the offense was committed.
N.D. Cent. Code § 28-35-10 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-10
28-35-10. (205) Exclusive and continuing jurisdiction
Status: in_force

28-35-10. (205) Exclusive and continuing jurisdiction

Except as otherwise provided in section 28-35-09, a court that has appointed a guardian or

issued a protective order consistent with this chapter has exclusive and continuing jurisdiction

over the proceeding until the appointment or order is terminated by the court or the appointment

or order expires by its own terms.
N.D. Cent. Code § 28-26-05 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-05
28-26-05. Costs on foreclosure of liens
Status: repealed

28-26-05. Costs on foreclosure of liens

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 28-14-03 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-03
28-14-03. Clerk to draw jury
Status: in_force

28-14-03. Clerk to draw jury

When the action is called for trial by jury, the clerk shall draw from the trial jury box of the

court the ballots containing the names of the jurors summoned, until the jury is completed or the

ballots are exhausted.
N.D. Cent. Code § 28-26-29 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-29
28-26-29. When additional surety demanded
Status: in_force

28-26-29. When additional surety demanded

In an action in which surety for costs has been given, the defendant at any time before

judgment, after reasonable notice to the plaintiff, may move the court for additional surety on the

part of the plaintiff, and if on such motion the court is satisfied that the surety has removed from

this state or is not sufficient, the action may be dismissed, unless in a reasonable time to be

fixed by the court sufficient surety is given by the plaintiff.
N.D. Cent. Code § 28-27-20 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-20
28-27-20. When new undertaking required
Status: in_force

28-27-20. When new undertaking required

Superseded by N.D.R.App.P., Rule 7.
N.D. Cent. Code § 28-01-46 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-46
28-01-46. Expert opinion required to maintain an action based upon alleged medical negligence except in obvious cases
Status: in_force

28-01-46. Expert opinion required to maintain an action based upon alleged medical

negligence except in obvious cases.

Any action for injury or death alleging professional negligence by a physician, nurse,

hospital, or nursing, basic, or assisted living facility licensed by this state or by any other health

care organization, including an ambulatory surgery center or group of physicians operating a

clinic or outpatient care facility, must be dismissed without prejudice on motion unless the

plaintiff serves upon the defendant an affidavit containing an admissible expert opinion to

support a prima facie case of professional negligence within three months of the

commencement of the action. The court may set a later date for serving the affidavit for good

cause shown by the plaintiff if the plaintiff's request for an extension of time is made before the

expiration of the three-month period following commencement of the action. The expert's

affidavit must identify the name and business address of the expert, indicate the expert's field of

expertise, and contain a brief summary of the basis for the expert's opinion. This section does

not apply to unintentional failure to remove a foreign substance from within the body of a

patient, or performance of a medical procedure upon the wrong patient, organ, limb, or other

part of the patient's body, or other obvious occurrence.
N.D. Cent. Code § 28-26-24 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-24
28-26-24. Liability for costs on judgment against assignee
Status: in_force

28-26-24. Liability for costs on judgment against assignee

In an action in which the claim for relief, by assignment after the commencement of the

action or in any other manner, becomes the property of a person not a party to the action, such

person is liable for the costs in the same manner as if the person were a party.
N.D. Cent. Code § 28-32-07 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-07
28-32-07. Deadline for rules to implement statutory change
Status: in_force

28-32-07. Deadline for rules to implement statutory change

Any rule change, including a creation, amendment, or repeal, made to implement a

statutory change must be adopted and filed with the legislative council within nine months of the

effective date of the statutory change. If an agency or the commission needs additional time for

the rule change, a request for additional time must be made to the legislative council. The

legislative council may extend the time within which the agency or commission must adopt the

rule change if the request by the agency or commission is supported by evidence that the

agency or commission needs more time through no deliberate fault of its own.
N.D. Cent. Code § 28-24-14 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-14
28-24-14. Effect of sheriff's deed - Contents
Status: in_force

28-24-14. Effect of sheriff's deed - Contents

The sheriff's deed is sufficient evidence of the legality of the sale and the proceedings

contained in the certificate, until the contrary is proved, and vests in the grantee title to the

premises as vested in the debtor at or after the time when the real property became liable to the

satisfaction of the judgment. The deed must recite the execution, or the substance of the

execution, the names of the parties, the amount and date of rendition of the judgment by which

the real property was sold, and must be executed, and recorded as a conveyance of real

property.
N.D. Cent. Code § 28-20-33 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-33
28-20-33. Mutual judgments set off
Status: in_force

28-20-33. Mutual judgments set off

Mutual final judgments may be set off pro tanto, the one against the other, by the court,

upon proper application and notice.
N.D. Cent. Code § 28-35-12 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-12
28-35-12. (207) Jurisdiction declined by reason of conduct
Status: in_force

28-35-12. (207) Jurisdiction declined by reason of conduct

1. If at any time a court of this state determines that the court acquired jurisdiction to

appoint a guardian or issue a protective order because of unjustifiable conduct, the

court may:

a. Decline to exercise jurisdiction;

b. Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy

to ensure the health, safety, and welfare of the respondent or the protection of the

respondent's property or prevent a repetition of the unjustifiable conduct,

including staying the proceeding until a petition for the appointment of a guardian

or issuance of a protective order is filed in a court of another state having

jurisdiction; or

c. Continue to exercise jurisdiction after considering:

(1) The extent to which the respondent and all persons required to be notified of

the proceedings have acquiesced in the exercise of the court's jurisdiction;

(2) Whether it is a more appropriate forum than the court of any other state

under the factors set forth in subsection 3 of section 28-35-11; and

(3) Whether the court of any other state would have jurisdiction under factual

circumstances in substantial conformity with the jurisdictional standards of

section 28-35-09.

2. If a court of this state determines that the court acquired jurisdiction to appoint a

guardian or issue a protective order because a party seeking to invoke its jurisdiction

engaged in unjustifiable conduct, the court may assess against that party necessary

and reasonable expenses, including attorney's fees, investigative fees, court costs,

communication expenses, witness fees and expenses, and travel expenses. The court

may not assess fees, costs, or expenses of any kind against this state or a

governmental subdivision, agency, or instrumentality of this state unless authorized by

law other than this chapter.
N.D. Cent. Code § 28-26-06 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-06
28-26-06. Disbursements taxed in judgment
Status: in_force

28-26-06. Disbursements taxed in judgment

In all actions and special proceedings, the clerk of district court shall tax as a part of the

judgment in favor of the prevailing party the following necessary disbursements:

1. The legal fees of witnesses; sheriffs; clerks of district court; the clerk of the supreme

court, if ordered by the supreme court; process servers; and of referees and other

officers;

2. The necessary expenses of taking depositions and of procuring evidence necessarily

used or obtained for use on the trial;

3. The legal fees for publication, when publication is made pursuant to law;

4. The legal fees of the court reporter for a transcript of the testimony when such

transcript is used on motion for a new trial or in preparing a statement of the case; and

5. The fees of expert witnesses. The fees must be reasonable fees as determined by the

court, plus actual expenses. The following are nevertheless in the sole discretion of the

trial court:

a. The number of expert witnesses who are allowed fees or expenses;

b. The amount of fees to be paid such allowed expert witnesses, including an

amount for time expended in preparation for trial; and

c. The amount of costs for actual expenses to be paid the allowed expert witnesses.
N.D. Cent. Code § 28-21-05.2 — ND Code / Title 28 / Chapter 28-21 / Section 28-21-05.2
28-21-05.2. Department of health and human services may issue executions for child support arrearages
Status: in_force

28-21-05.2. Department of health and human services may issue executions for child

support arrearages.

1. Notwithstanding section 28-21-05, if the judgment debtor is listed on the arrears

registry as defined in section 14-09-09.10, or if the judgment debtor meets criteria

established by the secretary of the United States department of health and human

services that apply when a financial institution is doing business in two or more states,

the department of health and human services may issue an execution, against the

property of the judgment debtor, to the sheriff of any county in which the property may

be found.

2. A writ of execution issued by the department of health and human services must be

issued as provided in section 28-21-06, except the past-due support need not be

docketed and the writ may be issued in a form prescribed by the department of health

and human services. A writ issued under this section must be accompanied by a copy

of the payment records maintained under section 50-09-02.1 which has been certified

under section 14-08.1-08.

3. A writ issued by the department of health and human services is returnable to the

department.
N.D. Cent. Code § 28-26-26 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-26
28-26-26. Responsibility of surety
Status: in_force

28-26-26. Responsibility of surety

The surety for costs is bound for the payment of all costs which may be adjudged against

the plaintiff in the court in which the action is brought or in any other to which it may be carried,

and for costs of the plaintiff's witnesses, whether the plaintiff obtains judgment or not.
N.D. Cent. Code § 28-27-17 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-17
28-27-17. To stay intermediate orders
Status: in_force

28-27-17. To stay intermediate orders

Superseded by N.D.R.Civ.P., Rule 62.
N.D. Cent. Code § 28-27-04 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-04
28-27-04. Time for appeal
Status: in_force

28-27-04. Time for appeal

Superseded by N.D.R.App.P., Rule 4.
N.D. Cent. Code § 28-26-07.1 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-07.1
28-26-07.1. Notice of no personal claim
Status: in_force

28-26-07.1. Notice of no personal claim

In the case of a defendant in a civil action in a district court against whom no personal claim

is made, the plaintiff may deliver to such defendant with the summons a notice subscribed by

the plaintiff or the plaintiff's attorney, setting forth the general object of the action and a brief

description of the property affected by it, if it affects specific real or personal property, and

stating that no personal claim is made against such defendant. If a defendant on whom such

notice is served unreasonably defends the action, the defendant shall pay costs to the plaintiff.
N.D. Cent. Code § 28-27-07 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-07
28-27-07. Record on appeal
Status: in_force

28-27-07. Record on appeal

Superseded by N.D.R.App.P., Rule 10.
N.D. Cent. Code § 28-04.1-01 — ND Code / Title 28 / Chapter 28-04.1 / Section 28-04.1-01
28-04.1-01. Definition
Status: in_force

28-04.1-01. Definition

As used in this chapter, "state" means any foreign nation, and any state, district,

commonwealth, territory, or insular possession of the United States.
N.D. Cent. Code § 28-32-32 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-32
28-32-32. Emergency adjudicative proceedings
Status: in_force

28-32-32. Emergency adjudicative proceedings

An administrative agency may use an emergency adjudicative proceeding, in its discretion,

in an emergency situation involving imminent peril to the public health, safety, or welfare.

1. In an emergency, the administrative agency may take action pursuant to a specific

statute as is necessary to prevent or avoid imminent peril to the public health, safety,

or welfare.

2. In an emergency, in the absence of a specific statute, an administrative agency may

serve a complaint fewer than forty-five days before the hearing and give notice of a

hearing on the complaint by giving less than twenty days' notice as is necessary to

prevent or avoid imminent peril to the public health, safety, or welfare. But, every party

to the emergency adjudicative proceeding must be given a reasonable time within

which to serve an answer and to prepare for the hearing, which may be extended by

the agency upon good cause being shown.

3. In an emergency, in the absence of a specific statute, in an adjudicative proceeding

that does not involve a complaint against a specific-named respondent, an

administrative agency may give notice of a hearing by giving less than twenty days'

notice as is necessary to prevent or avoid imminent peril to the public health, safety, or

welfare. But, every party to the emergency adjudicative proceeding shall be given a

reasonable time to prepare for the hearing, which may be extended by the agency

upon good cause being shown.

4. As a result of the emergency adjudicative proceeding, in the absence of a specific

statute requiring other administrative action, the administrative agency shall issue an

order. The order must include a brief statement of the reasons justifying the

determination of imminent peril to the public health, safety, or welfare and requiring an

emergency adjudicative proceeding to prevent or avoid the imminent peril.

5. After issuing an order pursuant to this section, the administrative agency shall proceed

as soon as possible to complete any other proceedings related to the emergency

adjudicative proceeding that do not involve imminent peril to the public health, safety,

or welfare.
N.D. Cent. Code § 28-20-12 — ND Code / Title 28 / Chapter 28-20 / Section 28-20-12
28-20-12. Judgment roll - Contents
Status: in_force

28-20-12. Judgment roll - Contents

Unless the party or the party's attorney furnishes a judgment roll, the clerk, immediately

after entering the judgment, shall attach together and file the following papers, which constitute

the judgment roll unless otherwise directed by rule of the supreme court:

1. In cases when the complaint is not answered by any defendant, the summons and

complaint or copies thereof, the affidavit for service of summons by publication, if any,

proof of service and proof that no answer has been received, the report, if any, and a

copy of the judgment;

2. In all other cases, the summons, pleadings, or copies thereof, the verdict or decision,

the report, if any, the offer of the defendant, a copy of the judgment, the statement of

the case, if any, and all orders and papers in any way involving the merits and

necessarily affecting the judgment; and

3. All instructions of the court to the jury, when filed with the clerk, the motion and notice

of motion for a new trial, the specifications of errors of law and of insufficiency of the

evidence, the order of the court granting or denying a new trial, together with the

memorandum of the judge's reasons, and the notice of appeal and undertaking

thereon.
N.D. Cent. Code § 28-32-26 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-26
28-32-26. Costs of investigation
Status: in_force

28-32-26. Costs of investigation

An agency may assess the costs of an investigation to a person found to be in violation of a

statute or rule as a result of an adjudicative proceeding or informal disposition. The total costs

assessed and any civil penalty that may be imposed as a result of violation may not exceed the

statutorily authorized civil penalty for the violation. For the purposes of this section, costs mean

reasonable out-of-pocket agency costs, not including any attorney's fees, actually incurred in

conducting the investigation for which they may be assessed. Any such costs paid must be paid

into the general fund and are appropriated as a refund to the agency for the purposes of

defraying the costs of undertaking the investigation.
N.D. Cent. Code § 28-24-03 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-03
28-24-03. Redemption by redemptioner - Notice to be recorded
Status: in_force

28-24-03. Redemption by redemptioner - Notice to be recorded

A redemptioner shall give a written notice of redemption to the sheriff and at the same time

shall record a duplicate in the office of the county recorder of the county where the land is

situated. The redemptioner must state in the notice of redemption an amount that the

redemptioner will credit on the claim on making redemption. If the amount stated in the notice is

less than the amount of the lien under which the redemptioner makes redemption, a later

redemptioner having a subordinate lien may redeem from the earlier redemptioner by paying the

amount paid by that redemptioner, and interest at the same rate as provided in the original

instrument on which the judgment is based, together with the amount stated by the first

redemptioner in the notice. The amount stated by a redemptioner in the notice must be treated

as a payment of that amount on the indebtedness and the redemptioner immediately shall

endorse that on the evidence of the claim. If the claim is a judgment, the redemptioner shall

cause a statement of that amount to be entered by the clerk of court in the judgment docket.

That credit is conditional and must be canceled on proof of a further redemption by the debtor or

by a redemptioner having a prior right, without payment of the amount credited.
N.D. Cent. Code § 28-14-11 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-11
28-14-11. Instructions to jury - Written or oral
Status: in_force

28-14-11. Instructions to jury - Written or oral

Superseded by N.D.R.Civ.P., Rule 51.
N.D. Cent. Code § 28-32-29 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-29
28-32-29. Prehearing conference
Status: in_force

28-32-29. Prehearing conference

Before a hearing, an administrative agency may conduct a prehearing conference after

giving reasonable notice to all parties and other interested persons. A prehearing conference

may be conducted in total or in part by making use of telephone, facsimile services, television,

or other electronic means, as long as such use does not substantially prejudice or infringe on

the rights and interests of any party. An administrative agency may adopt rules regarding the

availability of, notice of, and procedures for prehearing conferences.
N.D. Cent. Code § 28-32-18.1 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-18.1
28-32-18.1. Administrative rules committee review of existing rules
Status: repealed

28-32-18.1. Administrative rules committee review of existing rules

1. Upon request by the administrative rules committee, an administrative agency or the

commission shall brief the committee on its existing rules and point out any provisions

that appear to be obsolete and any areas in which statutory or constitutional authority

has changed or been repealed since the rules were adopted or amended.

2. An agency or the commission may amend or repeal a rule without complying with the

other requirements of this chapter relating to adoption of rules and may resubmit the

change to the legislative council for publication provided:

a. The agency or commission initiates the request to the administrative rules

committee for consideration of the amendment or repeal;

b. The agency or commission provides notice to the regulated community, in a

manner reasonably calculated to provide notice to those persons interested in the

rule, of the time and place the administrative rules committee will consider the

request for amendment or repeal of the rule; and

c. The agency or commission and the administrative rules committee agree the rule

amendment or repeal eliminates a provision that is obsolete or no longer in

compliance with law and that no detriment would result to the substantive rights

of the regulated community from the amendment or repeal.
N.D. Cent. Code § 28-24-16 — ND Code / Title 28 / Chapter 28-24 / Section 28-24-16
28-24-16. Chapter applicable to mortgage foreclosures
Status: in_force

28-24-16. Chapter applicable to mortgage foreclosures

The provisions of this chapter relating to redemption of real property govern sales on

mortgage foreclosures.
N.D. Cent. Code § 28-29-01 — ND Code / Title 28 / Chapter 28-29 / Section 28-29-01
28-29-01. Opening default judgment - Supplying omissions
Status: in_force

28-29-01. Opening default judgment - Supplying omissions

Superseded by N.D.R.Civ.P., Rule 60.
N.D. Cent. Code § 28-05-10 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-10
28-05-10. When civil action deemed pending
Status: in_force

28-05-10. When civil action deemed pending

A civil action in a district court is deemed to be pending from the time of its commencement

until its final determination upon appeal or until the time for appeal has passed, unless the

judgment is sooner satisfied.
N.D. Cent. Code § 28-23-12 — ND Code / Title 28 / Chapter 28-23 / Section 28-23-12
28-23-12. Recording of sheriff's certificate required - Evidence
Status: in_force

28-23-12. Recording of sheriff's certificate required - Evidence

The sheriff's certificate of sale must be recorded in the office of the recorder of the county in

which the real property is situated within ten days from the date of sale. The sheriff's certificate

or a certified copy of the certificate certified by the recorder must be taken and deemed

evidence of the facts in the certificate.
N.D. Cent. Code § 28-01.3-04 — ND Code / Title 28 / Chapter 28-01.3 / Section 28-01.3-04
28-01.3-04. Liability of nonmanufacturing sellers
Status: in_force

28-01.3-04. Liability of nonmanufacturing sellers

1. In any products liability action maintained against a seller of a product who did not

manufacture the product, the seller shall upon answering or otherwise pleading file an

affidavit certifying the correct identity of the manufacturer of the product allegedly

causing the personal injury, death, or damage to property.

2. The court shall order the dismissal of the claim against the certifying seller, unless the

plaintiff can show any of the following:

a. That the certifying seller exercised some significant control over the design or

manufacture of the product, or provided instructions or warnings to the

manufacturer relative to the alleged defect in the product which caused the

personal injury, death, or damage to property.

b. That the certifying seller had actual knowledge of the defect in the product which

caused the personal injury, death, or damage to property.

c. That the certifying seller created the defect in the product which caused the

personal injury, death, or damage to property.

3. The plaintiff may at any time prior to the beginning of the trial move to vacate the order

of dismissal and reinstate the certifying seller if the plaintiff can show any of the

following:

a. That the applicable statute of limitation bars a product liability action against the

manufacturer of the product allegedly causing the injury, death, or damage.

b. That the identity of the manufacturer given to the plaintiff by the certifying

defendant was incorrect.
N.D. Cent. Code § 28-35-16 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-16
28-35-16. (302) Accepting guardianship or conservatorship transferred from another state
Status: in_force

28-35-16. (302) Accepting guardianship or conservatorship transferred from another

state.

1. To confirm transfer of a guardianship or conservatorship transferred to this state under

provisions similar to section 28-35-15, the guardian or conservator must petition the

court in this state to accept the guardianship or conservatorship. The petition must

include a certified copy of the other state's provisional order of transfer.

2. Notice of a petition under subsection 1 must be given to those persons that would be

entitled to notice if the petition were a petition for the appointment of a guardian or

issuance of a protective order in both the transferring state and this state. The notice

must be given in the same manner as notice is required to be given in this state.

3. On the court's own motion or on request of the guardian or conservator, the

incapacitated or protected person, or other person required to be notified of the

proceeding, the court shall hold a hearing on a petition filed pursuant to subsection 1.

4. The court shall issue an order provisionally granting a petition filed under subsection 1

unless:

a. An objection is made and the objector establishes that transfer of the proceeding

would be contrary to the interests of the incapacitated or protected person; or

b. The guardian or conservator is ineligible for appointment in this state.

5. The court shall issue a final order accepting the proceeding and appointing the

guardian or conservator as guardian or conservator in this state upon the court's

receipt from the court from which the proceeding is being transferred of a final order

issued under provisions similar to section 28-35-15 transferring the proceeding to this

state.

6. No later than ninety days after issuance of a final order accepting transfer of a

guardianship or conservatorship, the court shall determine whether the guardianship

or conservatorship needs to be modified to conform to the law of this state.

7. In granting a petition under this section, the court shall recognize a guardianship or

conservatorship order from the other state, including the determination of the

incapacitated or protected person's incapacity and the appointment of the guardian or

conservator.

8. The denial by a court of this state of a petition to accept a guardianship or

conservatorship transferred from another state does not affect the ability of the

guardian or conservator to seek appointment as guardian or conservator in this state

under chapter 30.1-28 or 30.1-29 if the court has jurisdiction to make an appointment

other than by reason of the provisional order of transfer.
N.D. Cent. Code § 28-27-23 — ND Code / Title 28 / Chapter 28-27 / Section 28-27-23
28-27-23. Sureties must justify
Status: in_force

28-27-23. Sureties must justify

Superseded by N.D.R.App.P., Rule 7.
N.D. Cent. Code § 28-32-38 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-38
28-32-38. Separation of functions
Status: in_force

28-32-38. Separation of functions

1. No person who has served as investigator, prosecutor, or advocate in the investigatory

or prehearing stage of an adjudicative proceeding may serve as hearing officer.

2. No person who is subject to the direct authority of one who has served as an

investigator, prosecutor, or advocate in the investigatory or prehearing stage of an

adjudicative proceeding may serve as hearing officer.

3. Any other person may serve as hearing officer in an adjudicative proceeding, unless a

party demonstrates grounds for disqualification.

4. Any person may serve as hearing officer at successive stages of the same

adjudicative proceeding, unless a party demonstrates grounds for disqualification.
N.D. Cent. Code § 28-01.4-03 — ND Code / Title 28 / Chapter 28-01.4 / Section 28-01.4-03
28-01.4-03. State-of-the-art defense
Status: in_force

28-01.4-03. State-of-the-art defense

An aviation manufacturer or seller of aircraft or aircraft components may not be held liable

for any personal injury, death, or damage to property sustained as a result of an alleged defect

in a state-of-the-art product. An aircraft or aircraft component is presumed to be a

state-of-the-art product if the plaintiff cannot show by a preponderance of the evidence that a

safer aircraft or aircraft component was on the market at the time of manufacture. No evidence

of subsequent design or modification of an aircraft or aircraft component is admissible to prove

that an aircraft or aircraft component is not a state-of-the-art product. The state-of-the-art

comparisons must be made to products with similar-intended utility. The trier of the fact shall

consider the defense that the designer's choice averted greater peril for a large subclass of

intended users and shall consider the economic viability of the component or product.
N.D. Cent. Code § 28-32-48 — ND Code / Title 28 / Chapter 28-32 / Section 28-32-48
28-32-48. Appeal - Stay of proceedings
Status: in_force

28-32-48. Appeal - Stay of proceedings

An appeal from an order or the rulemaking action of an administrative agency or the

commission does not stay the enforcement of the order or the effect of a published rule unless

the court to which the appeal is taken, upon application and after a hearing or the submission of

briefs, orders a stay. The court may impose terms and conditions for a stay of the enforcement

of the order or for a stay in the effect of a published rule. This section does not prohibit the

operation of an automatic stay upon the enforcement of an administrative order or commission

order as may be required by another statute.
N.D. Cent. Code § 28-35-01 — ND Code / Title 28 / Chapter 28-35 / Section 28-35-01
28-35-01. (102) Definitions
Status: in_force

28-35-01. (102) Definitions

In this chapter:

1. "Adult" means an individual who has attained eighteen years of age.

2. "Conservator" means a person appointed by the court to administer the property of an

adult, including a person appointed under chapter 30.1-29.

3. "Guardian" means a person appointed by the court to make decisions regarding the

person of an adult, including a person appointed under chapter 30.1-28.

4. "Guardianship order" means an order appointing a guardian.

5. "Guardianship proceeding" means a judicial proceeding in which an order for the

appointment of a guardian is sought or has been issued.

6. "Incapacitated person" means an adult for whom a guardian has been appointed.

7. "Party" means the respondent, petitioner, guardian, conservator, or any other person

allowed by the court to participate in a guardianship or protective proceeding.

8. "Person", except in the term incapacitated person or protected person, means an

individual, corporation, business trust, estate, trust, partnership, limited liability

company, association, joint venture, public corporation, government or governmental

subdivision, agency, or instrumentality, or any other legal or commercial entity.

9. "Protected person" means an adult for whom a protective order has been issued.

10. "Protective order" means an order appointing a conservator or other order related to

management of an adult's property.

11. "Protective proceeding" means a judicial proceeding in which a protective order is

sought or has been issued.

12. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

13. "Respondent" means an adult for whom a protective order or the appointment of a

guardian is sought.

14. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, a federally recognized Indian tribe, or any territory or

insular possession subject to the jurisdiction of the United States.
N.D. Cent. Code § 28-01.2-01 — ND Code / Title 28 / Chapter 28-01.2 / Section 28-01.2-01
28-01.2-01. Definition of terms
Status: in_force

28-01.2-01. Definition of terms

As used in this chapter, unless the context otherwise requires:

1. "Claim" means a right of action that may be asserted in a civil action or proceeding

and includes a right of action created by statute.

2. "State" means a state, territory, or possession of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, a foreign country, or a political

subdivision of any of them.
N.D. Cent. Code § 28-01-21 — ND Code / Title 28 / Chapter 28-01 / Section 28-01-21
28-01-21. Limitations on actions founded on right of homestead
Status: in_force

28-01-21. Limitations on actions founded on right of homestead

No action, defense, or counterclaim founded upon a right of homestead in property

conveyed or encumbered, otherwise than as provided by the law in force at the time of the

execution of such conveyance or encumbrance, and for which no declaration of homestead has

been filed previous to the execution of such conveyance or encumbrance, is effectual or

maintainable, unless such action is commenced, or such defense or counterclaim interposed,

within two years after the execution of such conveyance or encumbrance. Such limitation does

not apply if the homestead claimant, at the time of the execution of such conveyance or

encumbrance, was in the actual possession of the property claimed and had not quit such

possession previous to the commencement of such action, or the interposing of such defense or

counterclaim.
N.D. Cent. Code § 28-25-02 — ND Code / Title 28 / Chapter 28-25 / Section 28-25-02
28-25-02. Where examination held
Status: in_force

28-25-02. Where examination held

The examination must be held in the county where the judgment debtor resides, if the

judgment debtor is a resident of the state. Otherwise, it may be held where ordered by the court.
N.D. Cent. Code § 28-26-04 — ND Code / Title 28 / Chapter 28-26 / Section 28-26-04
28-26-04. Attorney's fee in instrument void
Status: in_force

28-26-04. Attorney's fee in instrument void

Any provision contained in any note, bond, mortgage, security agreement, or other evidence

of debt for the payment of an attorney's fee in case of default in payment or in proceedings had

to collect such note, bond, or evidence of debt, or to foreclose such mortgage or security

agreement, is against public policy and void.
N.D. Cent. Code § 28-14-10 — ND Code / Title 28 / Chapter 28-14 / Section 28-14-10
28-14-10. Order of trial
Status: in_force

28-14-10. Order of trial

When the jurors have been sworn, the trial must proceed in the following order, unless the

judge for special reasons directs otherwise:

1. The plaintiff, after stating the issue and the plaintiff's case, shall produce the evidence

on the plaintiff's part;

2. The defendant then may open the defendant's defense and offer the defendant's

evidence in support thereof;

3. The parties then respectively may offer rebutting evidence only, unless the court, for

good reasons in furtherance of justice, permits them to offer evidence upon their

original case;

4. The court may charge the jury when the evidence is concluded or after the argument,

if any, of the plaintiff and defendant;

5. Unless the case is submitted to the jury on either or both sides without argument, the

plaintiff shall commence and may conclude the argument; and

6. If several defendants having separate defenses appear by different counsel, the court

shall determine their relative order in the evidence and argument.
N.D. Cent. Code § 28-20.3-04 — ND Code / Title 28 / Chapter 28-20.3 / Section 28-20.3-04
28-20.3-04. Personal jurisdiction
Status: in_force

28-20.3-04. Personal jurisdiction

1. A foreign-country judgment may not be refused recognition for lack of personal

jurisdiction if:

a. The defendant was served with process personally in the foreign country;

b. The defendant voluntarily appeared in the proceeding, other than for the purpose

of protecting property seized or threatened with seizure in the proceeding or of

contesting the jurisdiction of the court over the defendant;

c. The defendant, before the commencement of the proceeding, had agreed to

submit to the jurisdiction of the foreign court with respect to the subject matter

involved;

d. The defendant was domiciled in the foreign country when the proceeding was

instituted or was a corporation or other form of business organization that had its

principal place of business in, or was organized under the laws of, the foreign

country;

e. The defendant had a business office in the foreign country and the proceeding in

the foreign court involved a cause of action arising out of business done by the

defendant through that office in the foreign country; or

f. The defendant operated a motor vehicle or airplane in the foreign country and the

proceeding involved a cause of action arising out of that operation.

2. The list of bases for personal jurisdiction in subsection 1 is not exclusive. The courts of

this state may recognize bases of personal jurisdiction other than those listed in

subsection 1 as sufficient to support a foreign-country judgment.
N.D. Cent. Code § 28-05-06 — ND Code / Title 28 / Chapter 28-05 / Section 28-05-06
28-05-06. Notice of no personal claim
Status: repealed

28-05-06. Notice of no personal claim

Repealed by omission from this code.