2015 North Dakota Century Code Title 27 Judicial Branch of Government Chapter 27-02 Supreme Court
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CHAPTER 27-02
SUPREME COURT
27-02-01. Appointment and duties of chief justice of the supreme court.
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 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 fifty-two thousand
four hundred thirty-six dollars through June 30, 2016, and one hundred fifty-seven thousand
nine dollars thereafter. The chief justice of the supreme court is entitled to receive an additional
four thousand three hundred seventy-seven dollars per annum through June 30, 2016, and four
thousand five hundred eight 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Repealed by S.L. 1975, ch. 266, § 3.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.
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.
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3.
4.
5.
6.
Personnel policies, procedures, qualifications, duties, and compensation for court
personnel.
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.
The transfer of any matter to any proper court when the jurisdiction of any court has
been improvidently invoked.
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.
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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
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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 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.
27-02-27. Judicial emergency.
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 ability of litigants or others to have access to the courts or to
meet schedules or time deadlines imposed by law or court order, notice of the
declaration must be provided as required by supreme court rule.
2. An order declaring a judicial emergency may suspend, toll, extend, or otherwise grant
relief from deadlines, time schedules, statutes of limitations, statutes of repose, or
filing requirements imposed by law, whether in civil or criminal cases, administrative
matters, or any other legal proceedings as determined by the supreme court. An order
declaring a judicial emergency may not suspend, toll, extend, or otherwise grant relief
from deadlines, time schedules, or filing requirements that are required by the United
States Constitution or the Constitution of North Dakota.
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