§ 32-33-07 — Other proofs permitted if officer dies or return incomplete

If the officer or other person whose duty it is to make a return dies, absconds, or moves
from the state, or becomes insane after the writ is issued and before making a return, or after
making an insufficient return, and it appears that there is no other officer or person from whom a
sufficient return can be procured by means of a new writ, the court in its discretion may permit
affidavits or other written proofs relative to the matters not sufficiently returned to be produced
and may hear the case accordingly. The court also in its discretion may permit either party to
produce affidavits or other written proofs relative to any alleged error of fact or any other
question of fact which is essential to the jurisdiction of the body or officer to make the
determination to be reviewed, when the facts in relation thereto are not stated sufficiently in the
return and the court is satisfied that they cannot be made to appear by means of an order for a
further return.