Title 28 — Judicial Procedure, Civil

46 chapters · 434 sections in this title.

43 sectionsFiltered byTitle 28 Ch 28-27

N.D.C.C. § 28-27-01 Appeals to supreme court
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A judgment or order in a civil action or in a special proceeding in any of the district courts may be removed to the supreme court by appeal as provided in this chapter.
N.D.C.C. § 28-27-02 What orders reviewable
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The following orders when made by the court may be carried to the supreme court: 1. An order affecting a substantial right made in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken; 2. A final order affecting a…
N.D.C.C. § 28-27-02.1 Order shall describe papers on which made
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Superseded by N.D.R.App.P., Rule 49.
N.D.C.C. § 28-27-03 Appellant and respondent defined - Title to action on appeal unchanged
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Superseded by N.D.R.App.P., Rule 1.
N.D.C.C. § 28-27-04 Time for appeal
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Superseded by N.D.R.App.P., Rule 4.
N.D.C.C. § 28-27-05 How appeal taken
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Superseded by N.D.R.App.P., Rules 3, 25.
N.D.C.C. § 28-27-06 Clerk to transmit papers
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Superseded by N.D.R.App.P., Rule 11.
N.D.C.C. § 28-27-07 Record on appeal
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Superseded by N.D.R.App.P., Rule 10.
N.D.C.C. § 28-27-08 Additional time to prepare record
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Superseded by N.D.R.App.P., Rule 11.
N.D.C.C. § 28-27-09 Appeal ineffectual without undertaking
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Superseded by N.D.R.App.P., Rule 7.
N.D.C.C. § 28-27-09.1 From whom undertaking not required unless ordered by court
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When the state, or any state officer, or state board, in a purely official capacity, or any public corporation, or any municipal corporation within the state, takes an appeal, service of the notice of appeal perfects the appeal and stays the execution or performance of the judgme…
N.D.C.C. § 28-27-10 Deposit for undertaking - Waiver
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Superseded by N.D.R.App.P., Rule 7.
N.D.C.C. § 28-27-11 Execution not stayed without undertaking
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-27-12 Undertaking to stay execution for delivery of personalty
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-27-13 To stay execution of conveyance
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-27-14 Undertaking to stay execution - To sell or deliver realty
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-27-15 Undertaking to stay abatement of nuisance
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-27-16 Undertaking to stay other executions
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-27-17 To stay intermediate orders
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-27-18 Undertaking on orders as to provisional remedies
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-27-19 From whom undertaking not required unless ordered by court
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-27-20 When new undertaking required
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Superseded by N.D.R.App.P., Rule 7.
N.D.C.C. § 28-27-21 Undertakings in one instrument or several
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Superseded by N.D.R.App.P., Rule 7. 28-27-22. Determining amount and effect of undertaking - Notice - Supreme court may make order. Superseded by N.D.R.App.P., Rules 7, 8.
N.D.C.C. § 28-27-23 Sureties must justify
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Superseded by N.D.R.App.P., Rule 7.
N.D.C.C. § 28-27-24 Effect of perfected appeal - Perishable property
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Whenever an appeal has been perfected and the proper undertaking given or other act done as prescribed by this chapter to stay the execution or performance of the judgment or order appealed from, all further proceedings thereon must be thereby stayed accordingly, except that the …
N.D.C.C. § 28-27-25 Reference to ascertain damages - Breach of undertaking
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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 …
N.D.C.C. § 28-27-26 Amendment of appeals
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Superseded by N.D.R.App.P., Rule 3.
N.D.C.C. § 28-27-27 Motion for new trial not necessary
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Superseded by N.D.R.Civ.P., Rule 59.
N.D.C.C. § 28-27-28 Errors on face of record and intermediate orders reviewable
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Superseded by N.D.R.App.P., Rule 35.
N.D.C.C. § 28-27-29 Power of supreme court on appeals
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Superseded by N.D.R.App.P., Rule 35.
N.D.C.C. § 28-27-29.1 Orders separately reviewable on appeal
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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 …
N.D.C.C. § 28-27-30 Clerk to remit record and decision
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Superseded by N.D.R.App.P., Rules 36, 40, 41, 45.
N.D.C.C. § 28-27-31 When new trial ordered - Time limited
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Superseded by N.D.R.App.P., Rule 35.
N.D.C.C. § 28-27-32 Appeals in all actions tried to the court without a jury
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Repealed by S.L. 1971, ch. 311, § 2.
N.D.C.C. § 28-27-33 Printing of abstracts not required
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Superseded by N.D.R.App.P., Rules 10, 28.
N.D.C.C. § 28-27-33.1 Supreme court to establish rules regarding briefs
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The supreme court of North Dakota is hereby empowered to promulgate rules pertaining to the forms and contents of briefs in cases and proceedings in the supreme court.
N.D.C.C. § 28-27-34 Filing of briefs
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Repealed by S.L. 1947, ch. 236, § 2.
N.D.C.C. § 28-27-35 Briefs
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Repealed by S.L. 1947, ch. 236, § 2.
N.D.C.C. § 28-27-36 Opinions of court to parties
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Repealed by S.L. 1947, ch. 236, § 2.
N.D.C.C. § 28-27-37 Affirmance or dismissal upon default
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Repealed by S.L. 1947, ch. 236, § 2.
N.D.C.C. § 28-27-38 Rehearing
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Repealed by S.L. 1947, ch. 236, § 2.
N.D.C.C. § 28-27-39 Petitions for rehearing - Form of
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Repealed by S.L. 1947, ch. 236, § 2.
N.D.C.C. § 28-27-40 Costs for briefs
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Repealed by S.L. 1947, ch. 236, § 2.