Title 27, Judicial Branch of Government

In judicial districts of this state having more than one judge, the business of the court must be divided between or among the judges and otherwise regulated as the supreme court by order shall direct. Each of such judges may try court or jury cases separately during the same ter…

A change of venue may be taken from one judge to another in the same district or in another district, or from one county to another, or from one district to another in the manner provided by law.

Any order of the district court made without notice to the adverse party may be vacated or modified without notice by the judge who made it or the same may be vacated or modified on notice in the manner in which other motions are made.

1. The presiding judge of a judicial district, on behalf of the judges of the district, may appoint one or more referees to serve on a full-time or part-time basis. A referee is entitled to receive a salary within the limits of legislative appropriation. 2. In accordance with rul…

The presiding judge of a judicial district may appoint, subject to rules adopted by the supreme court, any qualified person, including a clerk of the district court, to serve as magistrate. A magistrate appointed pursuant to this section may be paid a salary as determined by the …

Under a district court supervised treatment program: 1. The department of corrections and rehabilitation shall supervise offenders sentenced to supervised probation according to the policies and procedures of the department of corrections and rehabilitation. 2. The department of …

As used in this chapter, unless the context otherwise requires: 1. "Contempt of court" means: a. Intentional misconduct in the presence of the court which interferes with the court proceeding or with the administration of justice, or which impairs the respect due the court; b. In…

1. A court of record of this state may impose a remedial or punitive sanction for contempt of court under this chapter. 2. Upon the trial of an action or issue by a referee appointed by the court, the commission of any offense that constitutes contempt of court must be deemed con…

1. a. The court on its own motion or motion of a person aggrieved by contempt of court may seek imposition of a remedial sanction for the contempt by filing a motion for that purpose in the proceeding to which the contempt is related. The court, after notice and hearing, may impo…

1. A court may impose one or more of the following remedial sanctions: a. Payment of a sum of money sufficient to compensate a party or complainant, other than the court, for a loss or injury suffered as a result of the contempt, including an amount to reimburse the party for cos…

In addition to the procedure set out in section 27-10-01.3, when an act punishable as contempt is not committed in the immediate view and presence of the court, the court, upon being satisfied of the commission of the offense, may: 1. Order the accused to show cause at a specifie…

An order to show cause issued pursuant to section 27-10-07 may be made in the action or proceeding in or respecting which the offense was committed, either before or after the final judgment or order therein, and is equivalent to a notice of motion. The subsequent proceedings mus…

When a person accused of contempt is arrested under a warrant of attachment, a copy of the warrant and of the affidavit or report of a referee upon which it is issued must be served upon the accused.

When a warrant of attachment of a person accused of contempt is issued, the court, by an endorsement thereon, may fix a sum in which the accused may give an undertaking for the accused's appearance to answer.

When a person accused of contempt is arrested upon a warrant of attachment, the sheriff, if the amount of the undertaking for the appearance of the accused is not endorsed on the warrant, or if such an endorsement is made and an undertaking is not given as prescribed in section 2…

When a person accused of contempt is produced by virtue of a warrant of attachment, or appears upon the return of such a warrant or of an order to show cause, the court shall proceed pursuant to subsection 1 of section 27-10-01.3.

When a person arrested by authority of a warrant of attachment for contempt has given an undertaking as prescribed in this chapter and fails to appear on the return day of the warrant, the court may issue another warrant or may make an order directing the undertaking to be prosec…

An order directing an undertaking given for the appearance of a person accused of contempt to be prosecuted, in the discretion of the court, may direct the prosecution thereof by and in the name of any party aggrieved by the misconduct of the accused. In such a case, the plaintif…

In an order for the prosecution of an undertaking given for the appearance of a person accused of contempt, the court, whenever it thinks proper to do so, may, or whenever no party is aggrieved by the misconduct of the person, shall, direct a prosecution to be made in the name of…

If a witness fails to attend for examination when duly required to do so, or refuses to be sworn, or to answer as a witness, before a notary public or any other officer, board, or tribunal authorized by law to require the witness's attendance for examination and to take testimony…

Except as otherwise provided by state law or supreme court rule, a person may not practice law, act as an attorney or counselor at law in this state, or commence, conduct, or defend in any court of record of this state, any action or proceeding in which the person is not a party …

The power to admit persons to practice as attorneys and counselors at law in the courts of this state is vested in the supreme court.

Conviction of an offense does not disqualify a person from a certificate of admission and licensure under this chapter unless the state board of law examiners and the supreme court determine that the offense has a direct bearing upon a person's ability to serve the public as an a…

The state board of law examiners consists of at least three but no more than five members appointed by the supreme court. At least three of the members of the board must be resident licensed members of the bar. Each board member must be appointed from a list of nominees submitted…

Each member of the state board of law examiners, within ten days after appointment, shall qualify by taking the oath provided for civil officers.

Members of the state board of law examiners must be appointed for a term of six years so arranged that one term expires on January first of every odd-numbered year. Any member of the board may be removed at the pleasure of the supreme court.

If a vacancy in the membership of the state board of law examiners occurs by reason of the death, resignation, removal, or incapacity to serve of any member, a successor must be appointed by the supreme court for the unexpired portion of the term of such member.

The state board of law examiners shall elect one of its members president, who holds office for a term of two years and until a successor is duly elected and qualified. The clerk of the supreme court must be ex officio secretary-treasurer of the board.

Each member of the state board of law examiners shall receive twenty-five dollars per day for the actual time devoted to official duties, and, in addition thereto, is entitled to receive the actual expenses incurred in attending to official duties while away from the member's pla…

The secretary-treasurer of the state board of law examiners must be allowed such compensation for services and expenses as the board determines.

The state board of law examiners may employ such assistants, purchase such supplies, and incur such expense as may be necessary to carry out the duties imposed upon it, but expenditures may not exceed the moneys in the state bar fund. It possesses such other powers and duties rel…

All claims for compensation of members and officers of the state board of law examiners and all claims for expenditures made by the board must be submitted to the office of management and budget on sworn vouchers as required by law and must be paid by the state treasurer out of t…

The state board of law examiners shall keep a record of all of its proceedings and a record of all applications for admission and admissions to the bar of this state and shall enroll in a book to be kept for this purpose the name of each person admitted to practice in this state …

The state board of law examiners is entitled to receive a fee to be determined by the board with the approval of the supreme court of an amount not to exceed two hundred dollars from each applicant for admission to the bar of this state who submits to examination by the board and…

The supreme court, after receiving and considering the state board of law examiners' report of the results of an examination of applicants for admission to the bar of this state and the recommendations of the board, shall enter an order authorizing the issuance of certificates of…

Each applicant for admission to the bar of this state, upon being admitted to practice as an attorney and counselor at law, shall take, in open court, the oath prescribed in section 4 of article XI of the Constitution of North Dakota, and such additional oath or pledge as the sup…

Each applicant admitted to the bar of this state shall receive a certificate of admission. Such certificate must be issued in the name of the supreme court of the state of North Dakota, must certify that the person named therein has been duly admitted as an attorney and counselor…

A person who has an unrevoked certificate of admission to the bar of this state and who desires to engage in the practice of law, or who is to serve as a judge of a court of record, must secure an annual license from the state board of law examiners on or before January first of …

The secretary-treasurer of the state board of law examiners shall deposit and disburse all fees and moneys collected by the board in accordance with section 54-44-12.

Moneys in the state bar fund must be used to pay: 1. The bar association of the state of North Dakota the sum required to be paid under section 27-12-04; 2. The compensation and expenses allowed by law to each member and to the secretary-treasurer of the state board of law examin…

The state bar association of North Dakota shall operate under the constitution, bylaws, and rules adopted at the annual meeting of such association held in 1921 and amendments thereof duly adopted pursuant to the provisions of such constitution and bylaws.

The membership of the state bar association of North Dakota consists of every person: 1. Who has secured an annual license to practice law in this state from the state board of law examiners in accordance with section 27-11-22; or 2. Who has an unrevoked certificate of admission …

The members of the state bar association of North Dakota who have secured an annual license to practice law in this state are entitled to all of the rights and privileges of the association and are entitled to vote and to participate in all of the meetings thereof. The members of…

The state bar association of North Dakota, out of the state bar fund, must receive for operation of the lawyer discipline system seventy-five dollars of each license fee beginning January 1, 1999. Eighty percent of the remaining amount of the annual license fees paid by licensed …

The secretary-treasurer of the state bar association of North Dakota shall give a bond in the sum of two thousand dollars, and the premium therefor must be paid out of the amount paid to the said association from the state bar fund.

Expenditures of funds from the state bar association special fund, which consists of all moneys or fees collected or received by the association and which is deposited or disbursed in accordance with section 54-44-12, must be approved by the president and executive director of sa…

The provisions of this chapter do not create any liability on the part of the state of North Dakota in excess of the payment made, as hereinbefore provided, out of the state bar fund.

Information provided to the state bar association regarding applicants or participants in a lawyer referral service or volunteer lawyer program administered by the state bar association is confidential.

Every attorney and counselor at law shall: 1. Maintain respect for courts of justice and judicial officers; 2. Counsel or maintain no claim that appears to the attorney to be unjust, nor any defense except one the attorney believes to be honestly debatable under the law; 3. Perfo…

An attorney and counselor at law may: 1. Execute, in the name of the attorney's client, a bond or other written instrument necessary and proper for the prosecution of an action or proceeding about to be or already commenced, or for the prosecution or defense of any right growing …