§ 27-05-22 — District judges to act only within their districts - Exceptions

North Dakota § 27-05-22

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-05: District Courts

Text

No judge of a district court of this state may hear or determine any action, special
proceeding, motion, or application, or make any order, or give any judgment, in any action or

proceeding pending or about to be commenced in a judicial district other than the one for which
that judge was elected, except:
1. Upon the written request of a judge of such other district;
2. When, upon the application of either party to such action or proceeding and upon due
notice to the opposite party, if that party has appeared and is entitled to such notice, it
shall be made to appear by affidavit to the satisfaction of such judge that the judges of
such other district are absent from their district, incapacitated, or disqualified to act
therein. Such application may be made only to a judge of a district adjoining that in
which such action or proceeding is pending or about to be commenced, and upon the
hearing thereof counter affidavits may be used;
3. When designated by the supreme court to act in such other district in the place and
stead of a district judge thereof who has been disqualified by the filing of an affidavit of
prejudice; or
4. A motion upon notice may be heard by a judge of a district court in which the action or
proceeding is not pending in the cases provided by law only, either in the district in
which the action or proceeding is pending or in an adjoining district, but such motion
when heard by the judge of the district in which the action or proceeding is pending
can be heard only in such district.