Title 27 — Judicial Branch of Government

A municipality is eligible to participate in the recruitment and retention assistance program if the municipality: 1. Has a population of five thousand or fewer; 2. Agrees to provide the municipality's portion of the incentive payment as required under section 27-02.2-06; and 3. …

An attorney licensed to practice in the state who meets all requirements set by the supreme court may participate in the recruitment and retention assistance program. An attorney participating in the program shall practice in a supreme court-selected county or municipality for at…

An attorney selected by the supreme court to participate in the recruitment and retention assistance program is entitled to receive an incentive payment of forty-five thousand dollars to be paid in five equal annual installments. 27-02.2-06. Agreement for payment of recruitment a…

A county or municipality may appropriate funds for the purpose of carrying out this chapter. A county or municipality may enter an agreement with any other county, municipality, school district, or nonprofit entity to assist the county or municipality in carrying out this chapter…

1. Notwithstanding any other provision of law, the supreme court may receive fifteen percent of the total amount of an incentive payment in five equal annual installments from the state bar association of North Dakota, the North Dakota bar foundation, or any other legal associati…

A recruitment and retention assistance agreement entered under this chapter becomes effective when the agreement is filed with and approved by the supreme court. The agreement must require the attorney to practice law full-time in the eligible county or municipality for at least …

If an individual has previously participated in an attorney recruitment and retention program under this chapter, or any other state or federal scholarship, loan repayment, or tuition reimbursement program requiring the individual to provide attorney services within an underserve…

The supreme court may adopt rules as necessary to implement this chapter.

Before July first of each year, the supreme court shall submit a report on the status of the program to the legislative management.

It is the intent of the legislative assembly that adequate and proper judicial services, including clerk of district court services, be provided in each county in this state. It is also the intent of the legislative assembly that funding for clerk of district court services be pr…

1. A clerk of the district court shall charge and collect the following fees in civil cases: a. For filing a case for decision that is not under subdivision b or e, one hundred sixty dollars. (1) Thirty dollars of this fee must be paid by the clerk of court to the state treasurer…

A clerk of district court shall maintain and dispose of court records in accordance with rules, policies, and procedures adopted by the supreme court.

If an ex officio clerk of the district court violates the clerk's oath of office or neglects or refuses to perform any of the duties of office and any person is injured or aggrieved by such violation or neglect, such person may institute legal proceedings upon the bond of the cle…

1. The court facilities improvement advisory committee consists of: a. One member appointed by the North Dakota association of counties to represent counties with a population fewer than seven thousand five hundred. b. One member appointed by the North Dakota association of count…

1. All judges of the district courts may exercise the jurisdiction conferred by this chapter, and while sitting in the exercise of that jurisdiction must be known and referred to as the "small claims court". The jurisdiction of this court is confined to cases for recovery of mone…

Actions in the small claims court are commenced whenever any person executes and files with the court a claim affidavit, and causes the affidavit to be served by a person of legal age, not a party to or interested in the action, on the defendant or mails it to the defendant by ce…

Election by the plaintiff to use the procedures provided for in this chapter is irrevocable. In the event the plaintiff elects to discontinue the proceedings, the court shall enter its order accordingly, and unless otherwise provided in the order the dismissal must be deemed to b…

If the judge determines at any stage of the proceedings that the case may not be fairly disposed of in small claims court, the judge may dismiss the case without prejudice. A determination that a case may not be fairly disposed of in small claims court must be based on complexity…

The court shall enter a written judgment indicating its decision on all cases filed with the court on the basis of the evidence presented. A judgment must be entered even if either party fails to appear at the hearing. The court may award the costs of the action to the prevailing…

Repealed by S.L. 1997, ch. 263, § 5.

Unless otherwise authorized by rules of the supreme court, records of the small claims court consist of all documents filed in each action and an index for plaintiffs and defendants. Unless otherwise directed by rules of the supreme court, after the judgment is satisfied or becom…

The legislative assembly of the state of North Dakota hereby declares that it is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens …

A citizen may not be excluded from jury service in this state on account of race, color, religion, sex, national origin, physical disability, or economic status.

As used in this chapter, unless the context otherwise requires: 1. "Clerk" and "clerk of court" include any deputy clerk. 2. "Court" means the district court of this state, and includes, when the context requires, any judge of the court. 3. "Lists of actual voters" means the offi…

Repealed by S.L. 1991, ch. 332, § 9.

1. The clerk for each county shall compile and maintain a master list consisting of all lists of actual voters for the county supplemented with names from other lists of persons resident therein, such as lists of utility customers, property taxpayers, motor vehicle registrations,…

Repealed by S.L. 1991, ch. 332, § 9.

1. From time to time and in a manner prescribed by the court, the clerk shall mail to the prospective juror a qualification form accompanied by instructions to fill out and return the form by mail to the clerk within ten days after its receipt. The juror qualification form must b…

1. The court, upon request of the clerk of court or a prospective juror or on its own initiative, shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror…

1. If a grand, petit, or other jury is ordered to be drawn, the clerk thereafter shall cause each person drawn for jury service to be served with a summons either personally or by first-class mail, addressed to the person at that person's usual residence, business, or post-office…

No qualified prospective juror is exempt from jury service.

1. The court, upon request of a prospective juror or on its own initiative, shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror should be excused fro…

1. Within seven days after the moving party discovered or by the exercise of diligence could have discovered the grounds therefor, and in any event before the petit jury is sworn to try the case, a party may move to stay the proceedings, and in a criminal case to quash the indict…

All records and papers compiled and maintained by the clerk in connection with selection and service of jurors shall be preserved by the clerk as ordered by the state court administrator.

A juror must be paid mileage at the rate provided for state employees in section 54-06-09. A juror must be compensated at the rate of one hundred dollars for each day of required attendance at sessions of the district court unless the juror is in attendance for four hours or less…

In any two-year period a person may not be required: 1. To serve or attend court for prospective service as a petit juror more than ten court days, except if necessary to complete service in a particular case; 2. To serve on more than one grand jury; or 3. To serve as both a gran…

Repealed by S.L. 1993, ch. 89, § 32.

1. An employer may not deprive an employee of employment, lay off, penalize, threaten, or otherwise coerce an employee with respect thereto, because the employee receives a summons or subpoena, responds thereto, serves as a juror or witness, or attends court for jury service or t…

The supreme court of this state may make and amend rules, not inconsistent with this chapter, regulating the selection and service of jurors.

Repealed by S.L. 1983, ch. 82, § 154.

This chapter may be cited as the Uniform Jury Selection and Service Act.

Repealed by S.L. 1991, ch. 326, § 203.

A judge of the district court may, by order, require an undischarged jury panel summoned to attend a term of the court to attend any subsequent general, special, or adjourned term of the court not exceeding in all one calendar year.

1. As used in this chapter: a. "Active efforts" means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with the Indian child's family. If an agency is involved in the child custody proceeding, active efforts must involve …

1. This chapter includes requirements that apply if an Indian child is the subject of: a. A child custody proceeding, including: (1) An involuntary proceeding; (2) A voluntary proceeding that could prohibit the parent or Indian custodian from regaining custody of the Indian child…

1. In a proceeding involving the foster care placement of or termination of parental rights to an Indian child whom the court knows or has reason to know may be an Indian child, the party seeking the foster care placement or termination of parental rights, for the first hearing o…

1. A voluntary consent by a parent or Indian custodian to a foster care placement of an Indian child is not valid unless the consent or delegation is executed in writing, recorded before a judge, and accompanied by a written certification by the judge that the terms and consequen…

1. Subject to subsections 3 and 4, in placing an Indian child for adoption or in delegating powers, as described in a lawful executed power of attorney regarding an Indian child, preference must be given, in the absence of good cause, as described in subsection 6, to the contrary…

1. The state court entering a final adoption decree or order in any voluntary or involuntary Indian child adoptive placement must furnish a copy of the decree or order within thirty days to the Bureau of Indian Affairs, as prescribed by the Bureau of Indian Affairs, along with th…

As used in this chapter: 1. "Abandon" means: a. As to a parent of a child not in the custody of that parent, failure by the noncustodial parent significantly without justifiable cause: (1) To communicate with the child; or (2) To provide for the care and support of the child as r…