Title 32 — Judicial Remedies

Remedies in the courts of justice are divided into: 1. Actions. 2. Special proceedings.

An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.

Actions are of two kinds: 1. Civil. 2. Criminal.

A special proceeding is any remedy other than an action.

A criminal action is one prosecuted by the state as a party against a person charged with a public offense for the punishment thereof.

A civil action is any action other than a criminal action.

All process in civil actions shall run in the name of the state of North Dakota.

When the violation of a right admits of both a civil and a criminal remedy, the right to prosecute the one is not merged in the other.

Superseded by N.D.R.Civ.P. 2.

The provisional remedies in civil actions are: 1. Claim and delivery of personal property. 2. Attachment. 3. Garnishment. 4. Receivers. 5. Deposit in court.

As a general rule compensation is the relief or remedy provided by the law of this state for the violation of private rights and the means of securing their observance. Specific and preventive relief may be given in no cases other than those specified in this title.

Whenever by the terms of an obligation a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of the party's failure to comply with its provisions, the party may be relieved therefrom upon making full compensation to the other party, except in cas…

Superseded by N.D.R.Civ.P. 39(b).

Any person to be qualified to become surety on any bond or undertaking required in any court must be a resident and a householder or a freeholder in the state, and an affidavit to that effect must be annexed to the bond or undertaking. Such affidavit also shall state an amount ea…

Any party for whose benefit a bond or undertaking is required in any proceeding, within three days after service of a copy thereof, may except to the sufficiency of the sureties thereon. In such case the party furnishing such bond or undertaking either may cause the sureties to j…

If the party who furnished the bond excepted to elects to cause the party's sureties to justify, the party, within three days after receipt of the notice of exception, shall give a written notice to the party excepting, of the justification of the sureties of the party who furnis…

The judge of the court before whom a justification proceeding is pending may issue and cause to be served subpoenas to compel attendance of any necessary witnesses, including the sureties excepted to, at the time and place set for such justification proceeding, or may permit thei…

For the purpose of justification, each of the sureties excepted to shall appear before the judge personally or by deposition at the time and place mentioned in the notice and may be examined on oath on the part of the excepting party touching the surety's sufficiency in such mann…

The judge of the court shall annex the examination to the undertaking, endorse the judge's finding of sufficiency or insufficiency thereon, and cause the same to be filed in the office of the clerk of the court in which the action is pending.

If the judge finds the sureties insufficient, the party furnishing the bond or undertaking may have three days within which to furnish a new bond or undertaking, the sureties on which also shall be subject to justification as provided herein.

Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages.

Detriment is a loss or harm suffered in person or property.

Damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof or certain to result in the future.

Every person who is entitled to recover damages certain or capable of being made certain by calculation, the right to recover which is vested in the person upon a particular day, also is entitled to recover interest thereon from that day, except for such time as the debtor is pre…

In an action for the breach of an obligation not arising from contract and in every case of oppression, fraud, or malice, interest may be given in the discretion of the court or jury.

Accepting payment of the whole principal as such waives all claim to interest, unless interest is provided for expressly in the contract.

Repealed by S.L. 1987, ch. 404, § 13, as amended by S.L. 1993, ch. 324, § 1.

A minor or person of unsound mind cannot be subjected to exemplary damages unless at the time of the act the minor or person of unsound mind was capable of knowing that it was wrongful.

For the breach of an obligation arising from contract, the measure of damages, except when otherwise expressly provided by the laws of this state, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby or which in the ordinary cou…

The measure of damages for injury to property caused by the breach of an obligation not arising from contract, except when otherwise expressly provided by law, is presumed to be the reasonable cost of repairs necessary to restore the property to the condition it was in immediatel…

Any person convicted of criminal mischief shall be responsible for the actual damages to real and personal property and such damages may be recovered in a civil action in a court of competent jurisdiction. Additionally, any minor against whose parents a judgment may be entered pu…

The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation, with interest thereon.

The detriment caused by the breach of a covenant of seizin, of right to convey, of warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be: 1. The price paid to the grantor, or if the breach is partial only, such proportion of the price as the v…

The detriment caused by the breach of a covenant against encumbrances in a grant of an estate in real property is deemed to be the amount which has been expended actually by the covenantee in extinguishing either the principal or interest thereof, not exceeding in the former case…

The detriment caused by the breach of an agreement to convey an estate in real property is the difference between the price agreed to be paid and the value of the estate agreed to be conveyed at the time of the breach and the expenses properly incurred in examining the title, and…

The detriment caused by the breach of an agreement to purchase an estate in real property is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract over the value of the property. 32-03-15. Damages for breach of carrier's obligat…

The detriment caused by the breach of a carrier's obligation to deliver freight, when the carrier has not converted it to the carrier's own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which…

The detriment caused by a carrier's delay in the delivery of freight is deemed to be the depreciation in the intrinsic value of the freight during the delay and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in the intrinsic…

The detriment caused by the breach of a warranty of an agent's authority is deemed to be the amount which could have been recovered and collected from the agent's principal if the warranty had been complied with and the reasonable expenses of legal proceedings taken in good faith…

Repealed by S.L. 1997, ch. 51, § 40.

For the breach of an obligation not arising from contract, the measure of damages, except when otherwise expressly provided by law, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.

The detriment caused by the wrongful occupation of real property in cases not embraced in sections 32-03-22, 32-03-27, 32-03-28, and 32-03-29 is deemed to be the value of the use of the property for the time of such occupation, not exceeding six years next preceding the commencem…

For willfully holding over real property by a person who entered upon the same as guardian or trustee for an infant or by right of an estate terminable with any life or lives after the termination of the trust or particular estate without the consent of the party immediately enti…

The detriment caused by the wrongful conversion of personal property is presumed to be: 1. The value of the property at the time of the conversion, with the interest from that time; or 2. When the action has been prosecuted with reasonable diligence, the highest market value of t…

The presumption declared by section 32-03-23 cannot be repelled in favor of one whose possession was wrongful from the beginning by that person's subsequent application of the property to the benefit of the owner without the owner's consent.

One having a mere lien on personal property cannot recover greater damages for its conversion from one having a superior right thereto after the lien is discharged than the amount secured by the lien and the compensation allowed by section 32-03-23 for loss of time and expenses.

Repealed by S.L. 1997, ch. 51, § 40.

For the failure of a tenant to give up the premises held by the tenant, when the tenant has given notice of intention to do so, the measure of damages is double the rent which the tenant otherwise ought to pay.

For willfully holding over real property by a tenant, after the end of the term and after notice of intention to evict has been duly given and demand of possession made, the measure of damages is double the yearly value of the property for the time of withholding, in addition to …

For forcibly ejecting or excluding a person from the possession of real property, the measure of damages is three times such a sum as would compensate for the detriment caused to the person by the act complained of.