Title 32 — Judicial Remedies

On the return of the alternative writ, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer under oath made in the same manner as an answer to a complaint in a civil action.

If an answer is made which raises a question as to a matter of fact essential to the determination of the motion and affecting the substantial rights of the parties and upon the supposed truth of which allegation the application for the writ is based, the court in its discretion …

On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may countervail it by proof either in direct denial or by way of avoidance.

A motion for new trial must be made in the court in which the issue of fact is tried.

If no notice of a motion for a new trial is given, or, if given, the motion is denied, the clerk within five days after rendition of the verdict or denial of the motion must transmit to the court in which the application for the writ is pending a certified copy of the verdict att…

If no answer is made, the case must be heard on the papers of the applicant. If the answer raises only questions of law or puts in issue only immaterial statements not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the arg…

If judgment is given for the applicant, the applicant may recover the damages which the applicant has sustained as found by the jury, or as may be determined by the court, or referee upon a reference to be ordered, together with costs, and for such damages and costs execution may…

The writ must be served in the same manner as a summons in a civil action except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body whether at the time of the service the board was…

When a peremptory mandamus has been issued and directed to any inferior tribunal, corporation, board, or person, if it appears to the court that any member of such tribunal, corporation, board, or such person upon whom the writ has been served personally has refused or neglected …

The writ of prohibition is the counterpart of the writ of mandamus. It arrests the proceedings of any tribunal, corporation, board, or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.

The writ of prohibition may be issued by the supreme and district courts to an inferior tribunal, or to a corporation, board, or person in any case, if there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon affidavit on the application …

The writ must be alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and must command such party to desist or refrain from further proceedings in the action or matter specified therein until the further ord…

The provisions of sections 32-34-04 through 32-34-13 for the proceeding under the writ of mandamus apply to this proceeding.

Any citizen of the United States, either natural born or naturalized, 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 having a judicial determination of the date and place of the person's…

Such proceedings for the purpose of having a judicial determination of the date of birth and place of birth shall be instituted by the filing of a petition, which must be duly verified by the petitioner, with the clerk of the district court of the county in which the petitioner r…

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 United States may appear at the hearing provided for in this chapter and shall be heard in favor of or in opposition to the petition, but all objections to said petition must be in writing and must be filed with the court. Upon the hearing thereof, affidavits, …

The petitioner, upon the filing of the petition, must pay to the clerk of the district court a filing fee as prescribed in subsection 1 of section 27-05.2-03. The cost of the publication of the notice required by this chapter shall be paid by the petitioner. In the event that sai…

The district court of this state shall have exclusive jurisdiction to hear and determine all petitions made under this chapter. Any citizen may appeal from the judgment rendered herein the same as in civil actions.

1. Except as otherwise provided in this chapter, if two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered aga…

In determining the pro rata shares of tort-feasors in the entire liability: 1. Their relative degrees of fault shall not be considered. 2. If equity requires, the collective liability of some as a group shall constitute a single share. 3. Principles of equity applicable to contri…

1. Whether or not judgment has been entered in an action against two or more tort-feasors for the same injury or wrongful death, contribution may be enforced by separate action. 2. When a judgment has been entered in an action against two or more tort-feasors for the same injury …

When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death: 1. It does not discharge any of the other tort-feasors from liability for the injury or wrongful …

No voluntary service or partial payment of a claim, including a claim of medical malpractice, against any person based on alleged liability of that person for injury or damage arising out of any occurrence may be construed as an admission of fault or liability. Evidence of the se…

No receipt of a voluntary service or partial payment of a claim, including a claim of medical malpractice, against any person based on alleged liability of that person for injury or damage arising out of any occurrence may be construed as a waiver or release of the claim by the p…

Upon final voluntary compromise settlement of any claim, including a claim of medical malpractice, against any person based on alleged liability of that person for injury or damage arising out of any occurrence, the parties may make any agreement they desire concerning previous v…

This chapter may be cited and shall be known as the North Dakota Environmental Law Enforcement Act of 1975.

The legislative assembly of North Dakota enacts this Environmental Law Enforcement Act in recognition of the vital role played by environmental laws in maintaining the health, safety, and general welfare of the state's citizens; the need to maintain a sound system of law, order, …

As used in this chapter, unless a different meaning clearly appears from the context: 1. "Aggrieved" means the suffering of an injury in fact as a result of the alleged violation of a statute, rule, or regulation, and the injury is of the type the statute, rule, or regulation in …

The remedies provided by this chapter shall be cumulative and shall not replace statutory or common-law remedies.

The attorney general shall have the authority to enforce, in the same manner as state's attorneys, any state environmental statute, rule, or regulation.

Any state agency, with the approval of the attorney general; any person; or any county, city, township, or other political subdivision, aggrieved by the violation of any environmental statute, rule, or regulation of this state may bring an action in the appropriate district court…

Any person, any state agency, or any county, city, township, or other political subdivision, before commencing any action pursuant to section 32-40-06, shall give thirty days' notice by certified mail of intent to file suit and of the alleged violation to the person alleged to ha…

The court may order the complainant to post a cash bond in an amount not to exceed five hundred dollars to pay any cost or judgment that might be rendered adverse to a complainant in any action brought under this chapter.

Any state agency that receives a notice pursuant to section 32-40-07 shall be entitled to intervene as a matter or right in the action unless such action is commenced solely to recover damages for alleged violations.

If the court finds an action brought under this chapter to have been frivolous, it shall award costs to the defendants. Otherwise, the court may apportion costs among the parties as the interests of justice require.

In any action brought under this chapter, the court may: 1. Grant the relief specified in the environmental statute alleged to have been violated or pursuant to which the rule or regulation alleged to have been violated was promulgated. 2. Grant temporary or permanent equitable r…

As used in this chapter, unless the context otherwise requires: 1. "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. 2. "Bank-offered spot rate" means the spot rate of exchange at whic…

This chapter applies only to a foreign-money claim in an action or distribution proceeding. This chapter applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.

The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money cl…

The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money: 1. Regu…

1. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. 2. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate…

1. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claim is in United States dollars. 2. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant. 3…

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named fore…

1. With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection 2, are matters of the substantive law governing the right to recovery under the…

1. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section 32-41-07, whether or not the foreign judgment confers a…

If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion t…

Unless displaced by this chapter, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes…

In this chapter: 1. "Alternative dispute resolution" means the resolution of a health care malpractice claim in a manner other than through a health care malpractice action. 2. "Claimant" means any person who alleges a health care malpractice claim, and any person on whose behalf…

With respect to a health care malpractice action or claim, the total amount of compensation that may be awarded to a claimant or members of the claimant's family for noneconomic damage resulting from an injury alleged under the action or claim may not exceed five hundred thousand…