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North Dakota Statutes, Title 27

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Title 27, Judicial Branch of Government

42 chapters · 368 sections in this title.

All chapters in Title 27368 Ch 27-20.2, Juvenile Court Act28 Ch 27-20.4, Delinquency28 Ch 27-20.3, Child Welfare25 Ch 27-20.1, Guardianship of a Child22 Ch 27-02, Supreme Court20 Ch 27-05, District Courts20 Ch 27-11, Admission to Bar20 Ch 27-09.1, Uniform Jury Selection and Service Act18 Ch 27-10, Contempts14 Ch 27-19, Indian Civil Jurisdiction13 Ch 27-02.2, Attorney Recruitment Program13 Ch 27-20.6, Re-Establishment of Parental Rights …13 Ch 27-23, Judicial Conduct Commission12 Ch 27-13, Conduct of Attorneys11

14 sections·Filtered byTitle 27✕Ch 27-10✕

N.D.C.C. § 27-10-01.1 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Contempt of court" means: a. Intentional misconduct in the presence of the court which interferes with the court proceeding or with the administration of justice, or which impairs the respect due the court; b. In…
N.D.C.C. § 27-10-01.2 Power of court to punish for contempt of court
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1. A court of record of this state may impose a remedial or punitive sanction for contempt of court under this chapter. 2. Upon the trial of an action or issue by a referee appointed by the court, the commission of any offense that constitutes contempt of court must be deemed con…
N.D.C.C. § 27-10-01.3 Nonsummary procedure for remedial and punitive sanctions - Joint hearing and trial - Summary procedure - Appeal
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1. a. The court on its own motion or motion of a person aggrieved by contempt of court may seek imposition of a remedial sanction for the contempt by filing a motion for that purpose in the proceeding to which the contempt is related. The court, after notice and hearing, may impo…
N.D.C.C. § 27-10-01.4 Remedial sanctions - Punitive sanctions for nonsummary and summary procedure - Past conduct

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1. A court may impose one or more of the following remedial sanctions: a. Payment of a sum of money sufficient to compensate a party or complainant, other than the court, for a loss or injury suffered as a result of the contempt, including an amount to reimburse the party for cos…

N.D.C.C. § 27-10-07 Order to show cause or warrant of attachment for contempt not committed in presence of judge

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In addition to the procedure set out in section 27-10-01.3, when an act punishable as contempt is not committed in the immediate view and presence of the court, the court, upon being satisfied of the commission of the offense, may: 1. Order the accused to show cause at a specifie…

N.D.C.C. § 27-10-08 Nature of proceedings upon order to show cause or warrant of attachment for contempt

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An order to show cause issued pursuant to section 27-10-07 may be made in the action or proceeding in or respecting which the offense was committed, either before or after the final judgment or order therein, and is equivalent to a notice of motion. The subsequent proceedings mus…

N.D.C.C. § 27-10-09 Papers to be served on person arrested for contempt

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When a person accused of contempt is arrested under a warrant of attachment, a copy of the warrant and of the affidavit or report of a referee upon which it is issued must be served upon the accused.

N.D.C.C. § 27-10-10 Amount of undertaking for appearance of accused may be fixed and endorsed on warrant by judge

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When a warrant of attachment of a person accused of contempt is issued, the court, by an endorsement thereon, may fix a sum in which the accused may give an undertaking for the accused's appearance to answer.

N.D.C.C. § 27-10-11 Duties of sheriff after arrest if undertaking not given by accused

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When a person accused of contempt is arrested upon a warrant of attachment, the sheriff, if the amount of the undertaking for the appearance of the accused is not endorsed on the warrant, or if such an endorsement is made and an undertaking is not given as prescribed in section 2…

N.D.C.C. § 27-10-13 Procedure on return of warrant of attachment or order to show cause for contempt

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When a person accused of contempt is produced by virtue of a warrant of attachment, or appears upon the return of such a warrant or of an order to show cause, the court shall proceed pursuant to subsection 1 of section 27-10-01.3.

N.D.C.C. § 27-10-18 Procedure when person arrested gives undertaking for appearance but fails to appear

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When a person arrested by authority of a warrant of attachment for contempt has given an undertaking as prescribed in this chapter and fails to appear on the return day of the warrant, the court may issue another warrant or may make an order directing the undertaking to be prosec…

N.D.C.C. § 27-10-19 Undertaking may be ordered prosecuted by and in behalf of party aggrieved - Extent of recovery

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An order directing an undertaking given for the appearance of a person accused of contempt to be prosecuted, in the discretion of the court, may direct the prosecution thereof by and in the name of any party aggrieved by the misconduct of the accused. In such a case, the plaintif…

N.D.C.C. § 27-10-20 When undertaking ordered prosecuted in name of state - Disposition of moneys collected

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In an order for the prosecution of an undertaking given for the appearance of a person accused of contempt, the court, whenever it thinks proper to do so, may, or whenever no party is aggrieved by the misconduct of the person, shall, direct a prosecution to be made in the name of…

N.D.C.C. § 27-10-23 Contempt of witness before notary public, officer, board, or tribunal

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If a witness fails to attend for examination when duly required to do so, or refuses to be sworn, or to answer as a witness, before a notary public or any other officer, board, or tribunal authorized by law to require the witness's attendance for examination and to take testimony…