There is a newer version of the North Dakota Century Code
2009 North Dakota Code
27 Judicial Branch of Government
27-02 Supreme Court
Download pdfchief 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 justice without resigning from the
office of judge of the supreme court. The chief justice shall preside at all terms of the supreme
court. In the absence of the chief justice, the judge having the shortest term to serve shall
preside in the chief justice's stead. 27-02-02. Salaries of justices of supreme court. The annual salary of each justice of the supreme court is one hundred twenty-four thousand twenty-seven dollars through June 30,
2010, and one hundred thirty thousand two hundred twenty-eight dollars thereafter. The chief
justice of the supreme court is entitled to receive an additional three thousand five hundred
sixty-two dollars per annum through June 30, 2010, and three thousand seven hundred forty
dollars per annum thereafter. 27-02-02.1. Additional compensation - Supreme and district court judges. Repealed by S.L. 1975, ch. 266, § 3. 27-02-03. Stenographers for supreme court. 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. 27-02-04. Jurisdiction of supreme court - Appellate - Original. 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 the exercise of its appellate jurisdiction, and in its superintending control over inferior courts, it may issue such original and
remedial writs as are necessary to the proper exercise of such jurisdiction. Such court shall
exercise its original jurisdiction only in habeas corpus cases and in such cases of strictly public
concern as involve questions affecting the sovereign rights of this state or its franchises or
privileges. 27-02-05. General powers of supreme court. 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 state. 27-02-05.1. Administration by supreme court. 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 deems necessary or desirable, rules
for: 1. Administrative supervision by the supreme court of all courts. 2. Administrative practice and procedure in all courts, including: a. The required filing by all courts of all reports deemed necessary by the
supreme court; and b. The establishment of uniform standards and procedures for the effective
management of court records. Page No. 1 All judges, clerks of court, and other officers or employees of the courts and of
offices related to and serving the courts shall comply with all administrative practice
and procedure rules promulgated by the supreme court. 3. Personnel policies, procedures, qualifications, duties, and compensation for court
personnel. 4. Uniform financial accounting procedures to be followed by all judicial officers and
employees designated to receive and transmit fees, fines, costs, and other moneys.
The court may not establish any accounting procedures which conflict with those
established by the state auditor for county agencies. 5. The transfer of any matter to any proper court when the jurisdiction of any court has
been improvidently invoked. 6. Withdrawal of any case or other matter pending before any judge and to reassign
the proceeding or case to another judge, when, in the opinion of the supreme court,
the withdrawal and reassignment should be made in order to expedite and promote
justice. 27-02-05.2. State juvenile services coordinator - Powers and duties - Selection and salary - Administrative support. Repealed by S.L. 2005, ch. 276, § 1. 27-02-06. Terms. Repealed by S.L. 1981, ch. 316, § 2. 27-02-07. Rules relating to the unauthorized practice of the law may be made by supreme court. 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. 27-02-08. Rules of pleading, practice, and procedure may be made by supreme court. 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, hearing, and deciding appeals to the courts from all decisions
of public officers, boards, commissions, departments, and institutions exercising
quasi-judicial functions, in any case in which an appeal from any such decision is
allowed by law. 27-02-09. Statutes regulating procedure effective as rules of supreme court. 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 promulgated by the
supreme court. 27-02-10. Limitation on rulemaking powers of supreme court. 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. 27-02-11. Notice of intention to promulgate rule - Requirement - Method of giving - Hearing interested parties. Repealed by S.L. 1981, ch. 317, § 1. 27-02-12. Proposal of new rules and amendments to rules of practice by attorneys. Repealed by S.L. 1981, ch. 317, § 1. 27-02-13. Means of putting into effect rules or amendments to rules adopted by supreme court. Repealed by S.L. 1981, ch. 317, § 1. Page No. 2 27-02-14. Effective date of rules promulgated by supreme court. Repealed by S.L. 1981, ch. 317, § 1. 27-02-15. Duties of clerks of district courts with reference to rules - Rules open to inspection. Repealed by S.L. 1981, ch. 317, § 1. 27-02-16. Issuance and return of writs by supreme court. 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 issuance of any such writ or
process and prescribe the time and manner of service and the time and place of return of the
same. In cases of habeas corpus, the judge of the supreme court who issues or causes the writ
to issue may direct that the writ must be made returnable and must be heard and determined,
either before the supreme court or any judge thereof, or before any district court of this state, or
any judge of any district court of this state. Any district court or any judge thereof before whom
any writ is made returnable as prescribed in this section is authorized to carry into complete
execution all of its judgments, decrees, and determinations, subject to appeal as provided by law. 27-02-17. Issues of fact in original proceedings in supreme court may be sent to district court for trial. 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 issues of fact are tried or other assessments are made, and a return
thereof must be made as directed by the supreme court. In such cases, the supreme court may
order a special verdict to be found and returned. 27-02-18. Calendar of the supreme court. 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. 27-02-19. Causes given preference on supreme court calendar. 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 the state of North Dakota,
any state officer, or any board of state officers, as sole plaintiff or defendant, such appeal must
have a preference in the supreme court and upon motion of either party thereto may be moved
out of the order on the calendar. 27-02-20. When causes on calendar stand over. 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, all writs, recognizances, appeals, and proceedings
commenced, taken, or made returnable to said court at said term, must stand over to and be
heard at the next general term with like effect as if no such failure, continuance, or change had
occurred. 27-02-21. Adjournments. 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 majority of the judges fail to appear. At the end of such period, said court must
be adjourned and all matters pending therein must stand continued until the next regular or
special term. If none of the judges appear at such time, the clerk of said court may adjourn the
term from day to day as provided in this section. 27-02-22. Majority of judges must concur in judgment - Effect if concurrence of majority is lacking. 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 Page No. 3 no more than two rehearings may be had. If on the second rehearing a majority of the judges
does not concur, the judgment must be affirmed. 27-02-23. Decisions must be written - Filing - Requirement. 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 vacation, and judgment entered thereon in
pursuance of the finding and order of the court with the same effect as upon a decision made and
filed in that term. 27-02-24. Regulations governing publication and distribution of official reports to be made by supreme court. 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 liability company for the printing, publishing, or distributing of such reports, not in excess
of the biennial appropriation made for that purpose by the legislative assembly. 27-02-25. Supreme court may call special terms for district courts - Court may designate judge to preside. Repealed by S.L. 1981, ch. 316, § 2. 27-02-26. Uniform traffic summons and complaint. Repealed by S.L. 1959, ch. 249, § 2. Page No. 4 Document Outline chapter 27-02 supreme court
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