Title 27 — Judicial Branch of Government

42 chapters · 363 sections in this title.

363 sectionsFiltered byTitle 27

N.D.C.C. § 27-05-05 Presiding judge of district - How determined - Term of office
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The district and county judges in judicial districts of this state having more than one district judge shall elect from among the district judges a presiding judge who shall serve for a period of three years beginning January 1, 1992. A presiding judge in districts having more th…
N.D.C.C. § 27-05-06 Jurisdiction of district courts
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The district courts of this state have the general jurisdiction conferred upon the courts by the constitution, and in the exercise of that jurisdiction the courts have power to issue all writs, process, and commissions provided therein or by law or which may be necessary for the …
N.D.C.C. § 27-05-08 Chambers - Residence
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1. The locations of the chambers of the district judges in each of the respective districts shall be as determined by rule of the supreme court. 2. Each district judge shall reside within the district where the judge's chambers are located, and, for the purposes of this section, …
N.D.C.C. § 27-05-08.1 Terms of district court to be fixed by supreme court
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Repealed by S.L. 1981, ch. 316, § 2.
N.D.C.C. § 27-05-09 First judicial district - General terms
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Repealed by S.L. 1947, ch. 229, § 2.
N.D.C.C. § 27-05-10 Second judicial district - General terms
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Repealed by S.L. 1947, ch. 229, § 2.
N.D.C.C. § 27-05-11 Third judicial district - General terms
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Repealed by S.L. 1947, ch. 229, § 2.
N.D.C.C. § 27-05-12 Fourth judicial district - General terms
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Repealed by S.L. 1947, ch. 229, § 2.
N.D.C.C. § 27-05-13 Fifth judicial district - General terms
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Repealed by S.L. 1947, ch. 229, § 2.
N.D.C.C. § 27-05-14 Sixth judicial district - General terms
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Repealed by S.L. 1947, ch. 229, § 2.
N.D.C.C. § 27-05-15 Terms for naturalization
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Repealed by S.L. 1981, ch. 316, § 2.
N.D.C.C. § 27-05-16 District judges may call special terms and may summon juries thereto
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Repealed by S.L. 1981, ch. 316, § 2.
N.D.C.C. § 27-05-17 General provisions concerning terms
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Repealed by S.L. 1981, ch. 316, § 2.
N.D.C.C. § 27-05-18 District judges prohibited from holding consecutive jury terms - Exception
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Repealed by S.L. 1995, ch. 295, § 1.
N.D.C.C. § 27-05-19 Effect where first day of term falls on legal holiday
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Repealed by S.L. 1981, ch. 316, § 2.
N.D.C.C. § 27-05-20 Acts of district judge are acts of court
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Repealed by S.L. 1981, ch. 316, § 2.
N.D.C.C. § 27-05-21 District judges to have statewide jurisdiction - Exception
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Repealed by S.L. 1981, ch. 316, § 2.
N.D.C.C. § 27-05-22 District judges to act only within their districts - Exceptions
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No judge of a district court of this state may hear or determine any action, special proceeding, motion, or application, or make any order, or give any judgment, in any action or proceeding pending or about to be commenced in a judicial district other than the one for which that …
N.D.C.C. § 27-05-24 Ex parte applications may be heard and default judgments may be given
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Ex parte application may be made, heard, and determined in the district court, and judgment by default may be given therein at any place within this state. 27-05-25. How business of district courts assigned judges and regulated - Several cases triable at same time. In judicial di…
N.D.C.C. § 27-05-26 Change of venue
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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.
N.D.C.C. § 27-05-27 Motions before trial judge
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Superseded by N.D.R.Ct. 3.3.
N.D.C.C. § 27-05-28 Orders without notice
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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. 27-05-29. District judges may assign additio…
N.D.C.C. § 27-05-30 Judicial referees
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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…
N.D.C.C. § 27-05-31 Magistrates - Appointment - Salary - Authority
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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 …
N.D.C.C. § 27-05-32 District court supervised treatment programs - Roles and responsibilities
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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 …
N.D.C.C. § 27-10-01 Acts punishable as criminal contempts by courts of record
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 27-10-01.1 Definitions
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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…
N.D.C.C. § 27-10-01.2 Power of court to punish for contempt of court
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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…
N.D.C.C. § 27-10-02 Penalty for criminal contempt
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 27-10-03 Acts punishable as civil contempts
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Repealed by S.L. 1993, ch. 89, § 32. 27-10-04. Penalty for civil contempt - When party injured indemnified instead of fine being imposed. Repealed by S.L. 1993, ch. 89, § 32.
N.D.C.C. § 27-10-05 Corporations subject to fines
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Repealed by S.L. 1993, ch. 89, § 32. 27-10-06. Contempt committed in presence of judge punishable summarily - Order imposing punishment. Repealed by S.L. 1993, ch. 89, § 32. 27-10-07. Order to show cause or warrant of attachment for contempt not committed in presence of judge. In…
N.D.C.C. § 27-10-09 Papers to be served on person arrested for contempt
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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. 27-10-10. Amount of undertaking for appearance of accused may be fixed and endor…
N.D.C.C. § 27-10-11 Duties of sheriff after arrest if undertaking not given by accused
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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…
N.D.C.C. § 27-10-15 Contents of order for punishment and warrant of commitment
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Repealed by S.L. 1993, ch. 89, § 32.
N.D.C.C. § 27-10-16 Person imprisoned for contempt may be ordered discharged
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Repealed by S.L. 1993, ch. 89, § 32.
N.D.C.C. § 27-10-17 Punishment for contempt no bar to criminal prosecution
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Repealed by S.L. 1993, ch. 89, § 32. 27-10-18. Procedure when person arrested gives undertaking for appearance but fails to appear. 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 appe…
N.D.C.C. § 27-10-21 Sheriff liable for insufficient surety - Enforcement of liability
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Repealed by S.L. 1993, ch. 89, § 32.
N.D.C.C. § 27-10-22 Procedure to punish contempt before referee
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Repealed by S.L. 1993, ch. 89, § 32.
N.D.C.C. § 27-10-23 Contempt of witness before notary public, officer, board, or tribunal
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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…
N.D.C.C. § 27-10-25 Undertaking for stay of execution of order on appeal in criminal contempt
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Repealed by S.L. 1993, ch. 89, § 32.
N.D.C.C. § 27-10-26 Undertaking for stay of execution of order on appeal in civil contempts
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Repealed by S.L. 1993, ch. 89, § 32.
N.D.C.C. § 27-10-27 Undertaking on appeal in contempt where stay of execution not desired
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Repealed by S.L. 1993, ch. 89, § 32.
N.D.C.C. § 27-11-02 Power to admit vested in the supreme court
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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.
N.D.C.C. § 27-11-03 Qualifications of applicants for admission to practice law
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Repealed by S.L. 1983, ch. 82, § 154.
N.D.C.C. § 27-11-03.1 Conviction not bar to certification - Exceptions
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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…
N.D.C.C. § 27-11-04 Attorney's certificate of clerkship
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Superseded. 27-11-05. Applicants for admission to bar to be examined by state bar board - Exception. Repealed by S.L. 1983, ch. 82, § 154. 27-11-06. State board of law examiners established - Appointment and qualifications of board members. The state board of law examiners consis…
N.D.C.C. § 27-11-07 Oath of member of state board of law examiners
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Each member of the state board of law examiners, within ten days after appointment, shall qualify by taking the oath provided for civil officers.
N.D.C.C. § 27-11-08 Terms and removal of members of state board of law examiners
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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.
N.D.C.C. § 27-11-09 Filling vacancies on state board of law examiners
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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.
N.D.C.C. § 27-11-10 Officers of state board of law examiners
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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.