Title 27, Judicial Branch of Government

The following are the courts of justice of this state: 1. The supreme court; 2. The district courts; and 3. Such other courts as are or may be created by law for cities. Of these the supreme court and the district courts are courts of record.

The state court administrator shall submit a comprehensive budget for the supreme court and the district courts to the legislative assembly. An informational copy of the budget must be delivered to the director of the budget pursuant to section 54-44.1-13. The budget for the dist…

The sittings of every court of this state must be public, and every citizen may freely attend the same, except that on the trial of cases of a scandalous or obscene nature the presiding judge or justice may exclude therefrom all persons not necessarily present as parties or witne…

Any filing fees connected with any civil action to be heard in any of the courts of the judicial system as listed in section 27-01-01 may be waived with or without a hearing, at the court's discretion, by the filing of an in forma pauperis petition accompanied by a sworn affidavi…

The district courts shall recognize and cause to be enforced any judgment, decree, or order of the tribal court of the Three Affiliated Tribes of the Fort Berthold Reservation in any case involving the dissolution of marriage, the distribution of property upon divorce, child cust…

1. The governing body of a county shall, by resolution, authorize the district judges serving that county to assess a fee under subsection 3 of not more than twenty-five dollars as part of a sentence imposed on a defendant who pleads guilty to or is convicted of a criminal offens…

The judges of the supreme court and district courts shall appoint from the members of the supreme court a chief justice who shall serve for a term of five years or until that justice's term expires, whichever shall first occur. The chief justice may resign the office of chief jus…

The annual salary of each justice of the supreme court is two hundred seven thousand two hundred forty-nine dollars. The chief justice of the supreme court is entitled to receive an additional seven thousand six hundred forty-seven dollars per annum.

The supreme court may employ such stenographic assistance as may be necessary, but the salaries and expenses therefor may not exceed the amount appropriated for salaries and expenses by the legislative assembly.

The supreme court may exercise appellate jurisdiction only, except when otherwise specially provided by law or by the constitution. Such court, in the exercise of its original jurisdiction, may issue writs of habeas corpus, mandamus, quo warranto, certiorari, and injunction. In t…

The supreme court is vested with full power and authority necessary to carry into complete execution all its judgments, decrees, and determinations in the matters over which it has jurisdiction and for the exercise of its jurisdiction as the supreme judicial tribunal of this stat…

The supreme court shall have and exercise administrative supervision over all courts of this state and the judges, justices, or magistrates of such courts under such rules and procedures as it shall from time to time prescribe. The supreme court shall provide to the extent it dee…

The supreme court of this state may make all necessary rules for the restraint of persons unlawfully engaging in the practice of the law in this state.

The supreme court of this state may make all rules of pleading, practice, and procedure which it may deem necessary for: 1. The administration of justice in all civil and criminal actions, remedies, and proceedings in any and all courts of this state; and 2. The method of taking,…

All statutes relating to pleadings, practice, and procedure in civil or criminal actions, remedies, or proceedings, enacted by the legislative assembly, have force and effect only as rules of court and remain in effect unless and until amended or otherwise altered by rules promul…

No rule promulgated under sections 27-02-07 and 27-02-08 may abridge, enlarge, or modify in any manner the substantive rights of any litigant.

The supreme court, subject to such regulations and conditions as it may prescribe, always must be open for the issuance and return of all writs and process which it may lawfully issue and for the hearing and determination of the same. Any judge of said court may order the issuanc…

If an issue of fact is joined, or an assessment of damages by a jury is necessary, in any action or proceeding commenced in the supreme court, the court, in its discretion, may send the same to some district court, and it there must be determined in the same manner as other issue…

All cases pending in the supreme court, on appeal or otherwise, must be placed on the calendar of such court and are subject to call for argument and for final disposition in such manner and at such times as the supreme court, by rule or order, may prescribe.

On a second and each subsequent appeal to the supreme court, or when an appeal has once been dismissed for defect or irregularity, the cause must be placed upon the calendar as of the time of filing the first appeal. If an appeal is taken from any judgment or order for or against…

If, for any cause, there is no general term of the supreme court at the time fixed therefor by law, or if there is a continuance of the term of said court or a change in the time of holding any term by rule of court or otherwise, all causes then upon the calendar of said court, a…

If a majority of the judges of the supreme court do not attend on the first or on any other day of a term, the clerk of such court must enter such fact on record, and the judge or judges present shall adjourn the court to the next day and so on from day to day for six days, if a …

The concurrence of a majority of the judges of the supreme court is necessary to pronounce judgment. If a majority does not concur, the case must be reheard, but no more than two rehearings may be had. If on the second rehearing a majority of the judges does not concur, the judgm…

The supreme court, in any case decided by it, shall give its decision in writing, which must be filed with the clerk of said court with the other papers in the case. A decision in a case heard at a general or special term, and all orders affecting the same, may be filed in vacati…

The supreme court, by rules and regulations, shall provide for the filing, printing, publication, and distribution of the official reports of the opinions of the court and for the making of a contract through the supreme court reporter with any person, corporation, or limited lia…

1. If the supreme court of this state declares a judicial emergency due to an emergency or natural disaster that substantially endangers or infringes upon the normal functioning of the judicial system, the ability of persons to avail themselves of the judicial system, or the abil…

The supreme court shall appoint a clerk of the supreme court to perform duties assigned by the court. The court shall establish the clerk's salary within the amount appropriated for salaries by the legislative assembly.

The clerk of the supreme court, before entering upon the clerk's duties, shall qualify by taking the oath prescribed for civil officers. The clerk may appoint a deputy who shall take and subscribe the oath prescribed for civil officers and file the same in the supreme court. The …

The salary of the clerk of the supreme court must be within the amount appropriated for salaries by the legislative assembly.

In addition to the salary provided for in section 27-03-03, the clerk of the supreme court shall receive for the clerk's expenses in attending sessions of the supreme court, when held at points other than at the seat of government, the mileage and traveling expenses allowed by la…

The clerk of the supreme court shall charge and collect in advance a fee of two hundred fifty dollars upon the filing in the supreme court of the record in any cause upon appeal or upon the filing in the court of a petition in any cause seeking the exercise of the original court'…

The clerk of the supreme court shall keep an accurate account of all fees received by the clerk of the supreme court and shall deposit such fees monthly with the state treasurer.

The clerk of the supreme court personally shall perform all the duties assigned to the clerk by law and by the rules of the supreme court. When the clerk is absent unavoidably or for any cause is unable to perform the clerk's duties, the clerk's deputy may perform the same.

The clerk of the supreme court shall procure the necessary records, seal, stationery, postage, and furniture for the use of the supreme court, and the expenses thereof must be paid out of the moneys appropriated to the supreme court for that purpose.

The state highway patrol and other law enforcement agencies, at the request of the chief justice, shall provide security services to the supreme court when the court considers those services to be necessary.

The judges of the supreme court may designate the supreme court reporter, or any other person, to act as bailiff of such court and may prescribe the duties of such bailiff. The supreme court reporter, if designated to act as bailiff, shall receive no additional compensation there…

1. Following the completion on January 1, 1995, of the terms of the judges of all county courts, the county court and office of judge of the county court in each county are abolished. 2. District court judgeships are established on January 2, 1995, in number equal to the number o…

The judicial districts in this state and the number of judges in each of the judicial districts are as designated by rule of the supreme court.

There must be elected in each judicial district of this state the number of judges for such district provided for by law. Any judge so elected shall hold office for six years or until that judge's successor is elected and has qualified.

1. Notwithstanding section 44-02-03, when a vacancy occurs in the office of district court judge, the supreme court shall determine, within ninety days of receiving notice of the vacancy from the governor and in consultation with the judges and attorneys in the affected judicial …

The annual salary of each district judge is one hundred eighty-four thousand three hundred sixty-six dollars. Each district judge is entitled to travel expenses, including mileage and subsistence while engaged in the discharge of official duties outside the city in which the judg…

Whenever a judge of the supreme court or a judge of the district court of this state who is not a member of the public employees retirement system becomes unable, because of mental or physical disability, to perform the judicial duties of the office during the remainder of the te…

If a judge of the supreme court or a judge of the district court retires under the provisions of section 27-05-03.1, the judge shall receive the compensation allotted to the judge's office for the remainder of the judge's term and thereafter judicial retirement salary as provided…

If a district judge is called to sit with the supreme court or is acting in any district court outside of the district judge's judicial district, that judge, when so called or so acting, is entitled to receive the actual and necessary expenses incurred by that judge as a result t…

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…

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 …

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, …

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 …

No order or judgment given in any action or proceeding by a judge of a district court of this state contrary to the limitations of the preceding section is void for that reason, but such order or judgment must be vacated by the supreme court upon appeal, if the order or judgment …

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.