North Dakota § 32-07-05 Exceptions by defendant to sufficiency of sureties or amount of undertaking

North Dakota Statutes

§ 32-07-05 — Exceptions by defendant to sufficiency of sureties or amount of undertaking

North Dakota § 32-07-05

Title 32Judicial Remedies

Ch. 32-07Claim and Delivery

This text of North Dakota § 32-07-05 (Exceptions by defendant to sufficiency of sureties or amount of undertaking) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-07-05 (2026).

Text

undertaking.
The defendant, within three days after the service of a copy of the affidavit, requisition, and
undertaking, may give notice to the sheriff that the defendant excepts to the sufficiency of the

sureties, or the amount of the undertaking. If the defendant fails to do so, the defendant shall be
deemed to have waived all objection to them. When the defendant excepts to the sufficiency of
the sureties, the sureties shall justify as provided in chapter 32-02, and the sheriff shall be
responsible for the sufficiency of the sureties until the objection to them is either waived as
above provided, or until they shall justify or new sureties shall be substituted and shall justify. If
the defendant excepts to the sureties, or to the amount of the undertaking, the defendant cannot
reclaim

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undertaking.
The defendant, within three days after the service of a copy of the affidavit, requisition, and
undertaking, may give notice to the sheriff that the defendant excepts to the sufficiency of the

sureties, or the amount of the undertaking. If the defendant fails to do so, the defendant shall be
deemed to have waived all objection to them. When the defendant excepts to the sufficiency of
the sureties, the sureties shall justify as provided in chapter 32-02, and the sheriff shall be
responsible for the sufficiency of the sureties until the objection to them is either waived as
above provided, or until they shall justify or new sureties shall be substituted and shall justify. If
the defendant excepts to the sureties, or to the amount of the undertaking, the defendant cannot
reclaim the property as provided in section 32-07-06. When the defendant excepts to the
amount of the undertaking, the sheriff shall retain possession of the property for five days after
the service of notice of such exception upon the sheriff. In such case the defendant, upon two
days' notice to the plaintiff, may apply to the judge of the court in which the action is pending for
an order requiring the plaintiff to execute an undertaking in such action in a larger amount than
that of the undertaking which has been served. The affidavits upon which the defendant bases
the defendant's application shall be served with the notice. If the application is denied, the order
of the court shall direct the sheriff forthwith to deliver the property to the plaintiff. If the
application is granted, the order of the court shall direct the sheriff to deliver the property to the
defendant unless the plaintiff within a time of not more than four days, to be fixed by the court,
shall execute a bond in such sum as the court shall prescribe, with sureties to be approved by
the sheriff.