Title 32 — Judicial Remedies

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. 32-28-02. Change of name of person - Petition - Criminal history record checks - Exceptions. 1. Any person desiring to change that person's name may file a petition in the dis…

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.

Writs of certiorari, mandamus, and prohibition may be issued by a judge of the district court in vacation, and when issued by a judge of the district court may be made returnable and a hearing held thereon in vacation.

Except as otherwise provided in chapters 32-33, 32-34, and 32-35, the provisions of title 28 are applicable to and constitute the rules of practice in the proceedings mentioned in this chapter.

The provisions of the chapters relative to new trials and appeals in title 28, except insofar as they are inconsistent with the provisions of chapters 32-33, 32-34, and 32-35, apply to the proceedings mentioned in this chapter.

A writ of certiorari shall be granted by the supreme court or district court when an officer, board, tribunal, or inferior court has exceeded the jurisdiction of such officer, board, tribunal, or inferior court, as the case may be, and there is no appeal, nor, in the judgment of …

The application must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.

The writ may be directed to the inferior court, tribunal, board, or officer, or to any other person having the custody of the records or proceedings to be certified.

The writ of certiorari shall command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, and to annex to the writ a transcript of the record and proceedings, describing or referring to them with convenient certainty, and…

A writ of certiorari may be issued to and a return to a writ of certiorari may be made by an officer whose term of office has expired. Such an officer may be punished for a failure to make a return to the writ as required thereby, or to make a further return as required by an ord…

If a stay of proceedings is not intended, the words requiring the stay must be omitted from the writ. These words may be inserted or omitted in the sound discretion of the court, but if omitted, the power of the inferior court or officer is not suspended nor the proceedings staye…

If the officer or other person whose duty it is to make a return dies, absconds, or moves from the state, or becomes insane after the writ is issued and before making a return, or after making an insufficient return, and it appears that there is no other officer or person from wh…

The writ must be served in the same manner as a summons in a civil action except when otherwise expressly directed by the court.

Except as otherwise provided by law, the review upon a writ of certiorari cannot be extended further than to determine whether the inferior court, tribunal, board, or officer has pursued regularly the authority of such court, tribunal, board, or officer.

If the return to the writ is defective, the court may order a further return to be made. Any record made by the inferior court, officer, board, or tribunal may be impeached by the return to the writ, or in the cases mentioned in section 32-33-07, by affidavits or other written pr…

A copy of the judgment signed by the clerk must be transmitted to the inferior court, tribunal, board, or officer having custody of the record or proceedings certified.

A copy of the judgment signed by the clerk, entered upon or attached to the writ and return, constitutes the judgment roll.

The writ of mandamus may be issued by the supreme and district courts to any inferior tribunal, corporation, board, or person to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station, or to compel the admission of a…

The supreme court sua sponte may issue a writ of mandamus to any district court judge or other inferior court judge to compel such judge to act upon any judicial matters which have been properly placed before such judge's court. Should such judge fail to act as directed by the wr…

The writ must be issued in all cases when there is not a plain, speedy, and adequate remedy in the ordinary course of law. It must be issued upon affidavit upon the application of the party beneficially interested except those writs issued sua sponte by the supreme court.

The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed and must command such party immediately upon the receipt of the writ, or at some other specified time, to do the act required to be …

When the application to the court is made without notice to the adverse party and the writ is allowed, the alternative writ must be issued first, but if the application is upon due notice and the writ is allowed, the peremptory writ may be issued in the first instance. The notice…