Title 32 — Judicial Remedies
69 chapters · 746 sections in this title.
N.D.C.C. § 32-34-01 By and to whom writ of mandamus issued
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The writ of mandamus may be issued by the supreme and district courts to any inferior tribunal, corporation, board, or person to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station, or to compel the admission of a…
N.D.C.C. § 32-34-01.1 Supreme court sua sponte may issue writ to judges of inferior courts
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The supreme court sua sponte may issue a writ of mandamus to any district court judge or other inferior court judge to compel such judge to act upon any judicial matters which have been properly placed before such judge's court. Should such judge fail to act as directed by the wr…
N.D.C.C. § 32-34-02 When issued
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The writ must be issued in all cases when there is not a plain, speedy, and adequate remedy in the ordinary course of law. It must be issued upon affidavit upon the application of the party beneficially interested except those writs issued sua sponte by the supreme court.
N.D.C.C. § 32-34-03 Alternative or peremptory
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The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed and must command such party immediately upon the receipt of the writ, or at some other specified time, to do the act required to be …
N.D.C.C. § 32-34-04 When each may issue
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When the application to the court is made without notice to the adverse party and the writ is allowed, the alternative writ must be issued first, but if the application is upon due notice and the writ is allowed, the peremptory writ may be issued in the first instance. The notice…
N.D.C.C. § 32-34-05 Answer
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On the return of the alternative writ, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer under oath made in the same manner as an answer to a complaint in a civil action.
N.D.C.C. § 32-34-06 Jury may assess damages
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If an answer is made which raises a question as to a matter of fact essential to the determination of the motion and affecting the substantial rights of the parties and upon the supposed truth of which allegation the application for the writ is based, the court in its discretion …
N.D.C.C. § 32-34-07 Latitude of proof
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On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may countervail it by proof either in direct denial or by way of avoidance.
N.D.C.C. § 32-34-08 New trial - Where motion made
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A motion for new trial must be made in the court in which the issue of fact is tried.
N.D.C.C. § 32-34-09 Transmission of verdict
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If no notice of a motion for a new trial is given, or, if given, the motion is denied, the clerk within five days after rendition of the verdict or denial of the motion must transmit to the court in which the application for the writ is pending a certified copy of the verdict att…
N.D.C.C. § 32-34-10 Hearing
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If no answer is made, the case must be heard on the papers of the applicant. If the answer raises only questions of law or puts in issue only immaterial statements not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the arg…
N.D.C.C. § 32-34-11 Damages - Peremptory writ
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If judgment is given for the applicant, the applicant may recover the damages which the applicant has sustained as found by the jury, or as may be determined by the court, or referee upon a reference to be ordered, together with costs, and for such damages and costs execution may…
N.D.C.C. § 32-34-12 How writ served
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The writ must be served in the same manner as a summons in a civil action except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body whether at the time of the service the board was…
N.D.C.C. § 32-34-13 Disobedience - Punishment
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When a peremptory mandamus has been issued and directed to any inferior tribunal, corporation, board, or person, if it appears to the court that any member of such tribunal, corporation, board, or such person upon whom the writ has been served personally has refused or neglected …