TITLE 32 JUDICIAL REMEDIES CHAPTER 32-01 GENERAL PROVISIONS 32-01-01. Remedies - Classification

Remedies in the courts of justice are divided into: 1

2

Actions

Special proceedings

32-01-02. Action defined

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

32-01-03. Actions - Classification

Actions are of two kinds: 1. Civil

2. Criminal

32-01-04. Special proceeding defined

A special proceeding is any remedy other than an action

32-01-05. Criminal action defined

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

32-01-06. Civil action defined

A civil action is any action other than a criminal action

32-01-07. Process in civil action

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

32-01-08. Civil and criminal remedies not merged

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

32-01-09. Civil action - One form - Plaintiff and defendant defined

Superseded by N.D.R.Civ.P. 2

32-01-10. Provisional remedies classified

The provisional remedies in civil actions are: 1. Claim and delivery of personal property

2

Attachment

3. Garnishment

4. Receivers

5. Deposit in court

32-01-11. Compensation for violation of private rights - Other relief, when

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

Page No. 1 32-01-12. Conditions of relief from forfeiture

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 case of a grossly negligent, willful, or fraudulent breach of duty

32-01-13. How special issues not made by pleadings are tried

Superseded by N.D.R.Civ.P. 39(b)

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