Title 28 — Judicial Procedure, Civil

If any taxes, assessments, insurance premiums, utility charges, or other items are paid by the purchaser or by a redemptioner, or if the purchaser or redemptioner has or acquired any lien other than that on which the sale or redemption was made, written notice of that item must b…

The debtor under an execution or foreclosure sale of the debtor's property is entitled to the possession, rents, use, and benefit of the property sold from the date of the sale until the expiration of the period of redemption except as provided by section 32-19-19.

Until the expiration of the time for redemption, the court may restrain the commission of waste on the property by order granted with or without notice, on the application of the purchaser or the judgment creditor. But it is not waste for the person in possession of the property …

If the property is not redeemed according to law, the sheriff shall execute and deliver a sheriff's deed for the property immediately after the time for redemption has expired to the purchaser, purchaser's assignee, or the redemptioner.

The sheriff's deed is sufficient evidence of the legality of the sale and the proceedings contained in the certificate, until the contrary is proved, and vests in the grantee title to the premises as vested in the debtor at or after the time when the real property became liable t…

The sheriff's deed may be executed by any succeeding sheriff to the purchaser or person entitled thereto or the purchaser's or person's legal representatives, and such deed is as good and valid in law and has the same effect as if the sheriff who made the sale had executed the sa…

The provisions of this chapter relating to redemption of real property govern sales on mortgage foreclosures.

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 …

Costs in the district courts and in the supreme court must be as follows: 1. To the plaintiff for all proceedings before trial, ten dollars, and for each additional defendant served with process not exceeding ten, one dollar. 2. To the defendant, for all proceedings before trial,…

Repealed by S.L. 1981, ch. 320, § 111.

Any provision contained in any note, bond, mortgage, security agreement, or other evidence of debt for the payment of an attorney's fee in case of default in payment or in proceedings had to collect such note, bond, or evidence of debt, or to foreclose such mortgage or security a…

Repealed by S.L. 1975, ch. 106, § 673.

In all actions and special proceedings, the clerk of district court shall tax as a part of the judgment in favor of the prevailing party the following necessary disbursements: 1. The legal fees of witnesses; sheriffs; clerks of district court; the clerk of the supreme court, if o…

Costs must be allowed of course to the plaintiff upon a recovery in the following cases: 1. In an action for the recovery of real property or when a claim of title to real property arises on the pleadings or is certified by the court to have come in question at the trial. 2. In a…

In the case of a defendant in a civil action in a district court against whom no personal claim is made, the plaintiff may deliver to such defendant with the summons a notice subscribed by the plaintiff or the plaintiff's attorney, setting forth the general object of the action a…

In an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation, or seduction, if the plaintiff recovers less than fifty dollars damages, the plaintiff may recover no more costs and disbursements than damages. In an action to re…

Costs must be allowed of course to the defendant in the actions mentioned in sections 28-26-07 and 28-26-08 unless the plaintiff is entitled to costs therein.

In actions other than those specified in sections 28-26-07, 28-26-08, and 28-26-09, costs may be allowed for or against either party in the discretion of the court. In all actions, when there are several defendants not united in interest and making separate defenses by separate a…

In the following cases, the costs of an appeal are in the discretion of the court: 1. When a new trial is ordered; or 2. When a judgment is affirmed in part and reversed in part.

When an action is dismissed from any court for want of jurisdiction or because it has not been transferred regularly from an inferior to a superior court, the costs must be adjudged against the party attempting to institute or bring up the action.

When the judgment is for the recovery of money, interest, from the time of the verdict or report of a referee until judgment finally is entered, must be computed by the clerk and added to the costs of the party entitled thereto.

Superseded by N.D.R.Civ.P., Rule 54.

Superseded by N.D.R.Civ.P., Rule 54.

A taxation or a retaxation of costs may be reviewed by the court upon motion. The order made upon such motion may allow or disallow any item objected to before the taxing officer, in which case it has the effect of a new taxation.

When an application is made to a court or referee to postpone a trial, the payment of costs occasioned by the postponement may be imposed in the discretion of the court or referee as a condition of granting the same.

Upon a motion in an action or proceeding, costs may be awarded, not to exceed twenty-five dollars, either absolutely or to abide the event of the action, to any party, in the discretion of the court.

In all actions, motions, and proceedings in the supreme and district courts, the costs of the parties must be taxed and entered on record separately.

When costs are adjudged against a plaintiff who is an infant or a person of unsound mind, the guardian by whom the plaintiff appeared in the action must be responsible therefor and payment thereof may be enforced in the manner provided in section 28-26-30.

In an action prosecuted or defended by a personal representative, trustee of an express trust, or a person expressly authorized by statute, costs must be recovered as in an action by and against a person prosecuting or defending in the person's own right, but such costs, by the j…

In a civil action prosecuted in the name of the state by an officer duly authorized for that purpose, the state is liable for the costs in the same cases and to the same extent as a private party. If a private person is joined with the state as plaintiff, that person is liable in…

In an action prosecuted in the name of the state for the recovery of money or property, or to establish a right or claim for the benefit of any corporation, limited liability company, or person, costs awarded against the party plaintiff must be charged against the party for whose…

In an action in which the claim for relief, by assignment after the commencement of the action or in any other manner, becomes the property of a person not a party to the action, such person is liable for the costs in the same manner as if the person were a party.

Repealed by S.L. 1983, ch. 364, § 1.

The surety for costs is bound for the payment of all costs which may be adjudged against the plaintiff in the court in which the action is brought or in any other to which it may be carried, and for costs of the plaintiff's witnesses, whether the plaintiff obtains judgment or not…

An action in which surety for costs is required and has not been given must be dismissed on motion and notice by the defendant at any proper time before judgment, unless in a reasonable time to be allowed by the court such surety for costs is given.

If the plaintiff in an action after its commencement becomes a nonresident of the state, the plaintiff shall give surety for costs in the same manner as is required of a nonresident in commencing an action.