Title 28, Judicial Procedure, Civil

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 …

1. Except as provided in subsection 2, the amount of fees of attorneys in civil actions must be left to the agreement, express or implied, of the parties. 2. In civil actions the court shall, upon a finding that a claim for relief was frivolous, award reasonable actual and statut…

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,…

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…

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.

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.

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.

In an action in which surety for costs has been given, the defendant at any time before judgment, after reasonable notice to the plaintiff, may move the court for additional surety on the part of the plaintiff, and if on such motion the court is satisfied that the surety has remo…

After final judgment has been rendered in an action in which surety for costs has been given as required by this chapter, the court, on motion of the defendant, or any other person having a right to such costs or any part thereof, after ten days' notice of such motion, may enter …

Allegations and denials in any pleadings in court, made without reasonable cause and not in good faith, and found to be untrue, subject the party pleading them to the payment of all expenses, actually incurred by the other party by reason of the untrue pleading, including a reaso…

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.

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…

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…

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 …

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 …

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 …

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.

In an action to foreclose or otherwise enforce a security interest in personal property, the court in its discretion, upon the application of the debtor, may make an interlocutory order fixing a reasonable time within which the debtor shall make good the default under the securit…

When the mortgagee has commenced foreclosure proceedings, or the vendor demands or takes possession of the property covered by the contract, and it appears by the affidavit of the mortgagor or vendee, or the mortgagor's or vendee's agent or attorney, to the satisfaction of the ju…

An application for a writ or order of the supreme court, in the exercise of its original jurisdiction, must be made by filing seven copies of the moving papers accompanied by a brief upon the law, including citations of authorities.

Upon application for an original writ or order to show cause, the supreme court in its discretion may issue an order to show cause, or may direct an alternative writ to be issued by the clerk, returnable at a time deemed proper.

All writs issued from or out of the supreme court must be signed by the clerk, sealed with the seal of the court, and attested upon the day issued.

In an original cause in the supreme court, whether in response to an order to show cause or an alternative writ of any kind, the respondent shall appear by written motion, answer, or return. This may be submitted to the supreme court without waiver at one or different times, as m…

In this chapter, unless the context or subject matter otherwise provides: 1. "Adjudicative proceeding" means an administrative matter resulting in an agency issuing an order after an opportunity for hearing is provided or required. An adjudicative proceeding includes administrati…

1. The authority of an administrative agency to adopt administrative rules is authority delegated by the legislative assembly. As part of that delegation, the legislative assembly reserves to itself the authority to determine when and if rules of administrative agencies are effec…

1. If the agency, with the approval of the governor, or the commission finds that emergency rulemaking is necessary, the commission or agency may declare the proposed rule to be an interim final rule effective on a date no earlier than the date of filing with the legislative coun…

1. An agency shall repeal or amend any existing rule that was adopted from federal guidelines and which is not relevant to state regulatory programs. 2. An agency may not adopt rules from federal guidelines which are not relevant to state regulatory programs when developing or mo…

1. When adopting rules, an agency shall adopt by reference any applicable existing permit or procedural rules that may be adapted for use in a new or existing program. 2. An agency shall seek authorization from the appropriate United States agency to adopt by reference applicable…