Title 28 — Judicial Procedure, Civil

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 …

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.

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 debt…

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.

Instead of the order requiring the attendance of the judgment debtor, the judge, upon proof by affidavit or otherwise to the judge's satisfaction that there is danger that the debtor will leave the state or attempt to avoid being found and that there is reason to believe that the…

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 pr…

After the issuing or return of an execution against property of the judgment debtor, or of any one of the several debtors in the same judgment, and upon an affidavit that any person, corporation, or limited liability company has property of such judgment debtor or is indebted to …

The proceedings mentioned in this chapter may be taken upon the return of an execution unsatisfied, issued upon a judgment recovered in an action against joint debtors, in which some of the defendants have not been served with the summons by which said action was commenced, so fa…

Witnesses may be required to appear and testify on any proceeding under this chapter in the same manner as upon the trial of an issue.

All examinations and answers before a judge or referee under this chapter must be on oath, except that when a corporation answers, the answer must be on the oath of an officer of the corporation and that when a limited liability company answers, the answer must be on the oath of …

The judge by order also may appoint a receiver of the property of the judgment debtor in the same manner and with like authority as if the appointment were made by the court according to section 32-10-01. Before the appointment of such receiver, the judge shall ascertain, if prac…

Whenever the judge grants an order for the appointment of a receiver of the property of the judgment debtor, the same must be filed in the office of the clerk of the court from which execution issued, and the clerk shall record the order and shall note the time of the filing of s…

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 recover…

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.

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 …