Title 1, General Provisions

The rule of the common law that statutes in derogation thereof are to be construed strictly has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be construed…

Words used in any statute are to be understood in their ordinary sense, unless a contrary intention plainly appears, but any words explained in this code are to be understood as thus explained.

Words and phrases must be construed according to the context and the rules of grammar and the approved usage of the language. Technical words and phrases and such others as have acquired a peculiar and appropriate meaning in law, or as are defined by statute, must be construed ac…

The provisions of this code, unless the context otherwise requires, must be construed in person-first language and any new enactments of this code must be written in person-first language.

Whenever there is a conflict between a number expressed in a statute both by figures and written words, the latter shall prevail unless such words obviously are contrary to the legislative intent.

When the wording of a statute is clear and free of all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.

Clerical and typographical errors shall be disregarded when the meaning of the legislative assembly is clear.

A bill or resolution passed by the senate and the house of representatives of the legislative assembly as evidenced by the journals of the senate and house is presumed to be the bill or resolution that is signed by the presiding officers of the senate and house, presented to the …

Whenever a general provision in a statute is in conflict with a special provision in the same or in another statute, the two must be construed, if possible, so that effect may be given to both provisions, but if the conflict between the two provisions is irreconcilable the specia…

Except as otherwise provided in section 1-02-07, whenever, in the same statute, several clauses are irreconcilable, the clause last in order of date or position shall prevail.

1. Whenever the provisions of two or more statutes passed during the same session of the legislative assembly are irreconcilable, the statute latest in date of final passage by the legislative assembly, irrespective of the date on which it was approved or allowed to become law by…

If amendments to the same statute are enacted at the same or different sessions of the legislative assembly, one amendment without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each. If the amendments are irreconcilable, th…

If two or more concurrent resolutions propose to amend or create the same section of the Constitution of North Dakota, and the proposed sections are reconcilable, the legislative council shall prepare a reconciled text and submit it to the secretary of state for inclusion in the …

No part of this code is retroactive unless it is expressly declared to be so.

No source note may be deemed a declaration by the legislative assembly as to the purpose, scope, or effect of any section to which such source note or revisor's note relates.

No caption, source note, or cross-reference note, whether designating an entire title, chapter, section, subsection, or subdivision, constitutes any part of a statute. A caption may not be used to determine legislative intent or the legislative history for any statute. An effecti…

Any provision in this code which is a part of a uniform statute must be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Words giving a joint authority to three or more public officers or other persons must be construed as giving such authority to a majority of them, unless it appears otherwise in the act giving the authority.

The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last is a holiday, and then it also is excluded. If a number of months is to be computed by counting the months from a particular day, the period ends…

Whenever any act of the legislative assembly which repealed a former act is repealed, such former act is not revived by such repeal.

The repeal of any statute by the legislative assembly, or by the people through an initiated law, does not have the effect of releasing or extinguishing any penalty, fine, liability, or forfeiture incurred under such statute, but as to cases tried before, or subsequent to, the re…

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this code as far as applicable.

No statute, law, or rule is continued in force because it is consistent with the provisions of this code on the same subject, but in all cases provided for by this code all statutes, laws, and rules heretofore in force in the state, whether consistent or not with the provisions o…

In the event that any clause, sentence, paragraph, chapter, or other part of any title, is adjudged by any court of competent or final jurisdiction to be invalid, such judgment does not affect, impair, nor invalidate any other clause, sentence, paragraph, chapter, section, or par…

Unless a different intention plainly appears, a public officer who is in office when this code takes effect shall remain in office until the expiration of the term for which the officer was elected or appointed unless the officer is removed prior to the expiration of the term as …

When any office is abolished by the repeal of any legislative act or provision, and such act or provision is not in substance re-enacted or continued in the code, such office ceases at the time the code takes effect.

When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation of time is prescribed in this code, the time which alread…

Unless otherwise specially provided, every period of time prescribed in any statute existing prior to the taking effect of this code with reference to the commencement of a proceeding or the performance of any other act, must be computed from the date of the event at which such p…

For purposes of historical reference and as an aid to interpretation, the provisions of this code, so far as they are substantially the same as previously existing statutes, must be construed as continuations thereof, and not as new enactments except that a revised version of suc…

Any provision of this code which was enacted as an initiated measure, or as a part of such a measure, notwithstanding the revision, shall remain in effect as an initiated provision and is subject to amendment, re-enactment, or repeal only as provided by section 25 of the Constitu…

If the provisions of any chapter or title conflict with or contravene the provisions of any other chapter or title, the provisions of each chapter or title must prevail as to all matters in question arising thereunder out of the same subject matter.

Except when it is declared otherwise, the provisions of this code in respect to the rights and obligations of parties to contracts are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the interpretation of contracts. The ben…

No existing corporation or limited liability company is dissolved on account of the repeal of any statute pursuant to which it was organized, nor may the powers specified in its charter, certificate, articles of incorporation, or articles of organization be impaired or limited th…

No provision contained in this code may be so construed as to impair any vested right or valid obligation existing when it takes effect.

The boundaries of every county, city, school district, and other local subdivision, shall remain the same as they were established prior to the taking effect of this code until they are changed in the manner provided in such code.

Every ordinance, bylaw, rule, and regulation adopted by any county, city, civil township, board, commission, or public officer, and in force when this code takes effect, if not inconsistent with the provisions of the code, shall remain in force until it is repealed or amended in …

Any statute other than this code, whether enacted at the 1961 session of the legislative assembly or thereafter, is deemed to have been enacted subsequently to the enactment of this code. If any such statute repeals, amends, or is inconsistent with any provision of this code, the…

If at the time this code takes effect any action or proceeding properly commenced prior thereto is pending before any court, tribunal, board, commission, or public officer, and such court, tribunal, board, commission, or public officer is without jurisdiction of such action or pr…

Wherever the term "registered mail" appears in the laws of the state of North Dakota it means "registered or certified mail".

All amendments of and additions to the North Dakota Century Code appearing in pocket part supplements must be cited as sections of the North Dakota Century Code.

In enacting a statute, it is presumed that: 1. Compliance with the constitutions of the state and of the United States is intended. 2. The entire statute is intended to be effective. 3. A just and reasonable result is intended. 4. A result feasible of execution is intended. 5. Pu…

If a statute is ambiguous, the court, in determining the intention of the legislation, may consider among other matters: 1. The object sought to be attained. 2. The circumstances under which the statute was enacted. 3. The legislative history. 4. The common law or former statutor…

A reference to any portion of a statute applies to all re-enactments, revisions, or amendments thereof.

If a statute refers to a series of numbers or letters, the first and the last numbers or letters are included.

In determining the effective date of any law enacted by the legislative assembly, a "measure" includes the entire contents of a legislative act, unless the legislative assembly specifically provides within the act that only a portion of the act is an emergency, appropriation, or …