52 chapters · 646 sections in this title.
N.D.C.C. § 11-15-01 Sheriff eligible for two terms only
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Repealed by S.L. 1953, ch. 110, § 2. 11-15-01.1. Sheriff must be qualified elector and must receive required training - Exception. Except as otherwise specifically provided by state law, the sheriff must be a qualified elector in the county in which the sheriff is elected. Within…
N.D.C.C. § 11-15-02 Sheriff may appoint special deputies - Compensation
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The sheriff may appoint and qualify special deputies in such numbers as are required by the conditions. Each special deputy shall receive compensation for services rendered and the same mileage allowance as regular deputies, which must be paid by the county within the limits of f…
N.D.C.C. § 11-15-03 Duties of sheriff
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1. The sheriff shall: a. Preserve the peace. b. Arrest and take before the nearest magistrate, or before the magistrate who issued the warrant, all persons who attempt to commit or who have committed a public offense. c. Prevent and suppress all affrays, breaches of the peace, ri…
N.D.C.C. § 11-15-03.1 Salary of county sheriff
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Repealed by S.L. 1975, ch. 87, § 2.
N.D.C.C. § 11-15-04 Sheriff to execute all process
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A sheriff shall execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceeding upon which they were issued.
N.D.C.C. § 11-15-05 To exhibit process
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The sheriff executing any process, at all times, so long as the sheriff retains it, must show the same, upon request, with all papers attached, to any person interested therein. 11-15-06. Duty of sheriff to serve papers in civil action - When coroner to perform duties of sheriff.…
N.D.C.C. § 11-15-07 County fees
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The sheriff shall charge and collect the following fees on behalf of the county: 1. For serving a summons, writ of attachment, writ of execution, subpoena, notice of motion, or other notice or order of the court, order of replevin, injunctional order, citation, or any other mesne…
N.D.C.C. § 11-15-08 Commissions collected by sheriff
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1. Except as provided in section 11-15-09, the sheriff is entitled to collect commissions on behalf of the county on all moneys received and disbursed by the sheriff on an execution, order of sale, order of attachment, requisition in claim and delivery, or decree for the sale of …
N.D.C.C. § 11-15-09 Allowances when plaintiff bids in property at sale
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When the person in whose favor an execution or order of sale has been issued by the court bids in the property sold under the execution or pursuant to the judgment, the sheriff or other person making the sale shall collect on behalf of the county either of the following fees, and…
N.D.C.C. § 11-15-10 Fees in county court
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Repealed by S.L. 1991, ch. 326, § 203.
N.D.C.C. § 11-15-11 Sheriff's expense of preserving property - Approval of court required
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Unless otherwise ordered by the court, the sheriff shall receive the actual expense incurred for taking, transporting, keeping possession of, and preserving property taken under an attachment, execution, or other process. No keeper is entitled to receive more than five dollars pe…
N.D.C.C. § 11-15-12 Sheriff's mileage
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A sheriff or deputy, for each mile [1.61 kilometers] actually and necessarily traveled within this state in the performance of official duties, is entitled to reimbursement for mileage expenses in accordance with section 11-10-15.
N.D.C.C. § 11-15-13 Fees to be endorsed on process
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When a sheriff or other officer serves a summons, subpoena, bench warrant, venire, or other process in any action to which the state or any county is a party, the officer shall endorse upon the writ or process, or upon a paper attached thereto, at the time the officer makes the r…
N.D.C.C. § 11-15-15 Penalties for not reporting or turning over fees
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 11-15-16 Return prima facie evidence of facts stated therein
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The return of the sheriff upon any process or notice is prima facie evidence of the facts stated in such return.
N.D.C.C. § 11-15-17 Liability for failure to execute process
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Except as otherwise provided by law or order of the court, if the sheriff to whom a writ of execution or attachment is delivered neglects or refuses to levy upon or sell any property of the party charged in the writ which is liable to be levied upon or sold, which has been made k…
N.D.C.C. § 11-15-18 Liability for failure to make return
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Except as otherwise provided by law or order of the court, if the sheriff does not return a notice or process with the necessary endorsement thereon without delay, or within the time limit required by law, the sheriff is liable to the party aggrieved for all damages sustained by …
N.D.C.C. § 11-15-19 Liability for failure to pay over money
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Except as otherwise provided by law or order of the court, if the sheriff neglects or refuses to pay over on demand to the persons entitled thereto any money which came into the sheriff's hands by virtue of the sheriff's office, after deducting the sheriff's fees, expenses, or co…
N.D.C.C. § 11-15-20 When sheriff not liable for rescue or escape
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An action cannot be maintained against the sheriff for a rescue, or for an escape of a person arrested upon an execution or commitment, if, after the person's rescue or escape and before the commencement of the action, the prisoner returns to the jail or is retaken by the sheriff…
N.D.C.C. § 11-15-21 Service of papers other than process on sheriff
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Service of a paper, other than a process, may be made upon the sheriff by delivering it to the sheriff, to one of the sheriff's deputies, or to a person in charge of the office during office hours, or, if no such person is there, by leaving it in a conspicuous place in the office…
N.D.C.C. § 11-15-22 Service of process on sheriff
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In all actions or proceedings to which the sheriff is a party, by virtue of office or otherwise, the coroner or other peace officer of the county may serve all necessary process on the sheriff and make return thereon, and the return of the officer making service has the same cred…
N.D.C.C. § 11-15-23 Liability of sheriff for appropriating deputy's salary
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 11-15-24 Transportation of prisoner
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The sheriff of each county shall conduct to the penitentiary all persons convicted in the county and sentenced to be confined in the penitentiary as soon as may be after conviction. The sheriff may conduct patients to the state hospital when directed to do so by the district cour…
N.D.C.C. § 11-15-25.1 Fees for transporting persons who have escaped or violated probation
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A sheriff or a sheriff's deputy shall receive the expenses incurred in the return of any person who has escaped from a state facility. Those expenses must be paid in amounts as provided by law for state officials, except that the mileage paid must be that regularly paid to the sh…
N.D.C.C. § 11-15-27 General powers of county constable - Fees
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Repealed by S.L. 1985, ch. 151, § 35.
N.D.C.C. § 11-15-28 Sheriff prohibited from collecting notes - Penalty
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No sheriff, deputy sheriff, or employee in the sheriff's office, while holding such office or employment, may accept for collection, collect, or attempt to collect from any person, firm, or association within the county for pay, profit, or remuneration any note, account, or claim…
N.D.C.C. § 11-15-29 Uniform for sheriffs and sheriffs' deputies
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The board of county commissioners in each county shall provide funding of at least three hundred fifty dollars per individual per year for uniforms for the sheriff and each sheriff's deputy. The sheriff may expend the funds for uniforms as the sheriff deems necessary and is not l…
N.D.C.C. § 11-15-30 Standard uniform established
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The attorney general with the advice of interested parties and associations shall prescribe a standard uniform for sheriffs and full-time deputy sheriffs.
N.D.C.C. § 11-15-31 Uniform surrendered upon termination of employment
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The uniforms and parts thereof purchased by the board of county commissioners must be returned to the sheriff's office upon termination of employment of each sheriff and sheriff's deputy.
N.D.C.C. § 11-15-32 Issuance of civil protection orders - Duty of sheriff
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The sheriff shall notify the bureau of criminal investigation of any civil protection order issued against an individual in the sheriff's county under chapter 14-07.7 within twenty-four hours of issuance. The notice must include any information required by the bureau of criminal …
N.D.C.C. § 11-15-33 County law enforcement officer - Jurisdiction - Fresh pursuit
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1. A county law enforcement officer employed by a county has jurisdiction within that county and up to one thousand five hundred feet [457.2 meters] outside the county. 2. A county law enforcement officer in fresh pursuit may enter another county and may continue within that coun…