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Superseded by N.D.R.Civ.P. 2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Superseded by N.D.R.Civ.P. 39(b)
Page No. 2
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