Title 32, Judicial Remedies

The court may refuse to render or enter a declaratory judgment or decree if such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. However, the court shall render or enter a declaratory judgment or decree…

All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court, on reasonable notice, shall …

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

In any proceeding under this chapter, the court may make such award of costs as may seem equitable and just.

When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties, and a declaration may not prejudice the rights of persons not parties to the proceeding. In any proceeding that involves the validity of a…

This chapter is remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and it is to be construed and administered liberally.

The word "person", wherever used in this chapter, shall be construed to mean any person, partnership, limited liability company, joint-stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

If the grain of different owners has been stored in a warehouse or elevator and has become mingled in a common mass, and any part thereof has been converted or is detained wrongfully by any person, the owner of any part of such common mass may maintain an action against the wrong…

In case two or more persons shall have brought separate actions against the same defendant to recover the value or possession of different amounts of such common mass, the court in which such actions are pending, in its discretion, may consolidate such actions and dispose of them…

In any action involving the ownership or right of possession of stored grain, the storage tickets or warehouse receipts issued by any public warehouseman or grain dealer who commonly receives such grain for storage, in substantially the form prescribed by statute, shall be receiv…

In any action brought under the provisions of this chapter, it shall be permissible to prove the value of the grain in question by any of the following classes of evidence: 1. By market reports published in any newspaper or trade journal which commonly publishes such reports, pur…

The methods of proof herein provided for shall not be exclusive but cumulative, and shall be taken and received together with any other competent evidence tending to establish the value in question.

When any person, partnership, corporation, or limited liability company in this state shall make an assignment for the benefit of creditors, or a trust deed, or the whole or any substantial part of the property of such person, partnership, corporation, or limited liability compan…

The making of an assignment shall be cause for the appointment of a receiver of the property of the assignor, and the public administrator of the county wherein the greater part of the assets of such assignor shall be situated, either on the public administrator's own petition or…

When the property of the assignor is situated in different counties, the public administrator of any county wherein a portion of such property is situated, first petitioning, shall be entitled to be appointed receiver as aforesaid, but the court thereafter on the petition of any …

In case of failure of any creditor or public administrator to apply for the appointment of a receiver as herein provided, the estate may be administered by the assignee appointed in the assignment, but shall be administered and distributed under the supervision of the district co…

Property of an estate shall be sold only subject to the confirmation of the district court, on petition of the receiver or assignee, and on such notice as the court may fix. The fees and expenses of all officers and employees shall be under the control of the court, and shall not…

The district court of any county where any property of the assignor may be situated shall have jurisdiction to entertain proceedings in accordance with the provisions of this chapter, but may transfer, and on the showing of facts to its satisfaction shall transfer, such proceedin…

Any citizen of this state may maintain a proceeding in accordance with this chapter in the district court of the county in which the person resides for the purpose of establishing the fact that the person is a citizen of the state of North Dakota.

Such proceeding shall be instituted by the filing of a petition with the clerk of the district court of the county in which the petitioner resides, setting forth: 1. That the petitioner is a resident of and resides within the state of North Dakota. 2. That the petitioner is a cit…

Upon the filing of a petition of the kind described in this chapter, the clerk of the district court with whom such petition is filed shall issue a notice under the seal of the said district court fixing the time and place for the hearing upon such petition. Such notice shall be …

Any citizen of the state may appear at the hearing provided for in this chapter and shall be heard in favor of or in opposition to the petition. The attorney general, if the attorney general has reason to believe that the petitioner is not a bona fide citizen of the state of Nort…

If, after the hearing, the court is satisfied that the petitioner is a bona fide citizen of the state of North Dakota, it shall make appropriate findings of fact and conclusions of law and shall order a judgment to that effect and such judgment shall be entered in the office of t…

The petitioner may appeal to the supreme court from a judgment of the district court denying the petition for the establishment of citizenship. Notice of such appeal must be served upon the attorney general and upon the state's attorney of the county of which the petitioner is a …

The district court shall have the authority to change the names of persons and cities within this state.

1. Any person desiring to change that person's name may file a petition in the district court of the county in which the person is a resident, setting forth: a. That the petitioner is a citizen or permanent resident alien of the United States. b. That the petitioner has been a bo…

Whenever it may be desirable to change the name of any city in this state, a petition for that purpose may be filed in the district court of the county in which the city is situated, setting forth the reason for the change of name and the name requested. The court may order the c…

All proceedings under this chapter shall be at the cost of the petitioner or petitioners, and judgment may be entered against the petitioner or petitioners for costs as in other civil actions. Any change of name under the provisions of this chapter in no manner shall affect or al…

When the action is against two or more defendants, the plaintiff may proceed as follows: 1. If the action is against defendants jointly indebted upon contract and the summons is served on one or more, the plaintiff may proceed against the defendant served, unless the court otherw…

When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract by proceeding as provided in section 32-30-01, those who were not originally summoned to answer the complaint and did not appear in the action may be summoned to show cause …

The summons provided in section 32-30-02 must be subscribed by the judgment creditor or the creditor's attorney, must describe the judgment and require the person summoned to show cause within twenty days after the service of the summons, and must be served in like manner as the …

The summons must be accompanied by an affidavit of the person subscribing it, that the judgment has not been satisfied to that person's knowledge or information and belief and must specify the amount due thereon.

Upon such summons the party summoned may answer within the time specified therein, denying the judgment or setting up any defense which may have arisen subsequently, and that party may make the same defense which the party originally might have made to the action, except the stat…

Further pleadings and proceedings shall be as provided in the North Dakota Rules of Civil Procedure.

The answer and reply must be verified in the like cases and manner and be subject to the same rules as the answer and reply in a civil action.

In any case in which the owner of real estate has been given notice of tax lien under chapter 57-20 for general taxes, for special assessments, for assessments of irrigation districts, for drain assessments, or for both general taxes and any such special taxes or assessments, the…

The ordinary procedure in an equity case shall apply to an action brought under the provisions of this chapter. The court shall include in its decree such provision as will permit such period of redemption from execution sale as may be necessary to give to those entitled to redee…

An action to foreclose a tax lien shall be brought in the name of the county in which such real estate is situated as plaintiff, and may be instituted by the attorney general or by the state's attorney of such county.

If the attorney general or state's attorney of such county shall fail or refuse to institute an action, or if the board of county commissioners of the county interested, or the governing board of any city or school district interested in such taxes, shall desire to be represented…

The county treasurer shall attend the execution sale held pursuant to the decree in any action to foreclose a tax lien in which the county is plaintiff, and if there are no other bidders offering the amount of the judgment plus interest and accrued and accruing costs, the county …

If redemption is not made from the execution sale at the expiration of the period of redemption, a sheriff's deed shall be issued to the county, and the board of county commissioners shall dispose of the land by sale as in other cases. Out of the proceeds of such sale, after payi…

If, however, the real estate is sold by the sheriff at execution sale to a cash purchaser, the sheriff shall pay over to the clerk of the district court the proceeds of the sale to be disposed of in accordance with the order of the court.

"Special proceedings" within the meaning of this chapter shall include the writs of certiorari, mandamus, and prohibition.

When a special proceeding is prosecuted by one having a special interest in the proceeding, it shall not be necessary for the state to be joined as plaintiff therein, but the person prosecuting the same shall be known as the plaintiff and the adverse party as the defendant.

A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding.