Title 32, Judicial Remedies

Preventive relief may be given in the cases specified in this chapter and in no other cases.

Preventive relief cannot be granted to enforce a penal law, except in a case of nuisance, nor to enforce a penalty or forfeiture in any case.

Preventive relief consists in prohibiting a party from doing that which ought not to be done. It is granted by injunction, temporary or final.

Except when otherwise provided by this chapter, a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant: 1. When pecuniary compensation would not afford adequate relief; 2. When it would be extremely difficult to ascertain the a…

An injunction cannot be granted: 1. To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings. 2. To stay proceedings in a court of the United State…

An injunction by order may be made by the court in which an action is brought, or by a judge thereof, in the cases provided in section 32-06-02, and, when made by a judge, may be enforced as the order of the court.

An injunction may be granted in any of the following cases: 1. When it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or c…

The plaintiff in an action to recover the possession of personal property, at the time of issuing the summons or at any time before answer, may claim the immediate delivery of such property as provided in this chapter.

When a delivery is claimed, an affidavit must be made by the plaintiff, or by someone in the plaintiff's behalf, stating: 1. That the plaintiff is the owner of the property claimed, particularly describing it, or lawfully is entitled to the possession thereof by virtue of a speci…

The plaintiff, by an endorsement in writing upon the affidavit, may require the sheriff of the county where the property claimed may be to take the same from the defendant and deliver it to the plaintiff.

Upon the receipt of an affidavit and requisition as provided in section 32-07-03 with a written undertaking executed by one or more sufficient sureties approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in such affidavit, for…

The defendant, within three days after the service of a copy of the affidavit, requisition, and undertaking, may give notice to the sheriff that the defendant excepts to the sufficiency of the sureties, or the amount of the undertaking. If the defendant fails to do so, the defend…

At any time before the delivery of the property to the plaintiff, the defendant, if the defendant does not except to the sureties of the plaintiff or the amount of the plaintiff's undertaking, may require the return thereof upon giving to the sheriff a written undertaking execute…

The defendant's sureties shall justify in the manner provided in chapter 32-02. Upon such justification the sheriff shall deliver the property to the defendant and the undertaking to the plaintiff. The sheriff shall be responsible for the defendant's sureties, until they justify,…

If the property, or any part thereof, is concealed in a building or enclosure, the sheriff publicly shall demand its delivery. If it is not delivered, the sheriff shall cause the building or enclosure to be broken open and shall take the property into the sheriff's possession, an…

When the sheriff shall have taken property as in this chapter provided, the sheriff shall keep it in a secure place and shall deliver it to the party entitled thereto upon receiving the sheriff's lawful fees for taking and the sheriff's necessary expenses for keeping the same.

If the property taken is claimed by any person other than the defendant or the defendant's agent, and such person shall make affidavit of such person's title thereto and right to the possession thereof, stating the grounds of such right and title, and shall serve the same upon th…

The sheriff shall file the notice and affidavit, with the sheriff's proceedings thereon, with the clerk of the court in which the action is pending, within twenty days after taking the property mentioned therein.

In an action for the recovery of specific personal property, the jury shall find by its verdict the facts, as the case may be, as follows: 1. In case it finds against the defendant and the property has not been delivered to the plaintiff, it shall find the value of the property, …

A receiver may be appointed by the court in which an action is pending, or by a judge thereof: 1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to the creditor's claim, or between partners or others jointly …

No party or person interested in an action can be appointed receiver therein without the written consent of the opposing party filed with the clerk. If a receiver is appointed upon an ex parte application, the court before making the order may require from the applicant an undert…

Before entering upon the duties of receiver, the receiver must be sworn to perform them faithfully, and, with one or more sureties approved by the court or judge, must execute an undertaking to such person and in such sum as the court may direct, to the effect that the receiver w…

The receiver, under the control of the court, has power to bring and defend actions in the receiver's own name as receiver, to take and keep possession of the property, to receive rents, to collect debts, to compromise the same, to make transfers, and generally to do such acts re…

Funds in the hands of a receiver may be invested upon interest by order of the court, but no such order can be made except upon the consent of all the parties to the action.

When it is admitted by the pleadings or the examination of a party that the party has in the party's possession or under the party's control any money or other thing capable of delivery, which, being the subject of the litigation, is held by that party as trustee for another part…

Whenever two or more persons make claim for the whole or any part of the same money, personal property, or effects in the possession or control of any other person as bailee or otherwise, and the right of any such claimant is adverse to the right of any other claimant, or is disp…

Whenever in the exercise of its authority a court shall have ordered the deposit, delivery, or conveyance of money or other property and the order is disobeyed, the court, besides punishing the disobedience as for contempt, may make an order requiring the sheriff to take the mone…

When the answer of the defendant expressly or by not denying admits part of the plaintiff's claim to be just, the court, on motion, may order such defendant to satisfy that part of the claim, and may enforce the order as it enforces a judgment or a provisional remedy.

The state may bring an action to vacate or annul letters patent for lands granted by this state in any of the following cases: 1. When they were obtained by means of a fraudulent suggestion or concealment of a material fact made by or with the knowledge or consent of the person t…

An action respecting the title to property, or arising upon contract, may be brought in the district court against the state the same as against a private person. Such actions shall be brought in the county in which the property is situated, or the county in which the plaintiff r…

No action upon a claim arising upon contract for the recovery of money only can be maintained against the state until the claim has been presented to the department, institution, agency, board, or commission to which claim relates for allowance and allowance thereof refused. The …

No execution may issue against the state on any judgment, but whenever a final judgment against the state has been obtained in any action other than an action under chapter 32-12.2, the clerk shall make and furnish to the office of the budget a duly certified copy of the judgment…

The state is not liable for a claim arising upon contract which is the result of the failure of any computer hardware or software, telecommunications network, or device containing a computer processor to interpret, produce, calculate, generate, or account for a date that is compa…

The remedies formerly attainable by the writ of scire facias, the writ of quo warranto, and proceedings by information in the nature of quo warranto may be obtained by civil action in the district court under the provisions of this chapter.

When an action under this chapter is prosecuted by the attorney general, the state of North Dakota shall be plaintiff. When it is prosecuted by a private person, such person shall be the plaintiff therein and the proceedings in such action shall be the same as in an action by a p…

An action may be commenced by the state, or any person who has a special interest in the action, against the parties offending in the following cases: 1. When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchi…

Before commencing an action under this chapter at the request of a party having an interest therein, the attorney general may require as a condition of commencing the same that satisfactory security be given to indemnify the state against costs and expenses which may be incurred …

The complaint in an action commenced against a person for usurping an office in addition to the statement of the claim for relief also may set forth the name of the person rightfully entitled to the office with a statement of that person's right thereto, and in such case, upon pr…

In every action against a person for usurping an office, judgment shall be rendered upon the right of the defendant and also upon the right of the person alleged to be entitled to the office or only upon the right of the defendant, as justice shall require.

If judgment is rendered upon the right of the person alleged to be entitled to the office and the same is in favor of such person, that person shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to begin the execution of …

If the defendant refuses or neglects to deliver any of the books or papers demanded, as prescribed in section 32-13-07, the defendant is guilty of a class B misdemeanor, and the court, or a judge thereof, by order, may put the person entitled to the office in possession thereof a…

If judgment is rendered upon the right of the person alleged to be entitled to the office in favor of such person, that person may recover by action the damages which that person shall have sustained by reason of the usurpation by the defendant of the office from which such defen…

When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.

When a defendant against whom an action shall have been commenced shall be adjudged guilty of usurping, intruding into, or unlawfully holding or exercising any office, franchise, or privilege, judgment shall be rendered that the defendant be excluded from such office, franchise, …

In all cases not otherwise specially provided for by law, when a forfeiture shall be incurred by any person, and the act or omission for which the same is imposed shall not be a misdemeanor, such forfeiture may be sued for and recovered in a civil action. When such act or omissio…

Such action shall be brought as follows: 1. If the entire recovery is payable to the state, by the attorney general or the state's attorney of the proper county in the name of the state. 2. If the entire recovery is payable to a public corporation, by its proper legal officer in …

It shall be sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed according to the provisions of the statute which imposes it, specifying the section and chapter containing such statute. When such section imp…

In an action brought to recover goods or other things forfeited by the provisions of any statute, it shall be sufficient to allege in the complaint that such goods or other things have been forfeited, specifying the section and chapter containing such statute, with a demand of ju…

When a forfeiture is imposed, not exceeding a specific sum, or when it is not less than one sum nor more than another, the action may be brought for the highest sum specified. A judgment may be rendered for such sum as the court or jury shall assess or determine to be proportiona…

In each case when judgment is recovered pursuant to this chapter, it also shall include the costs of the action, and it shall direct that if the same is not paid, the defendant shall be committed to the county jail of the proper county there to be imprisoned for a specified time,…