North Dakota § 32-34-06 Jury may assess damages

North Dakota Statutes

§ 32-34-06 — Jury may assess damages

North Dakota § 32-34-06

Title 32Judicial Remedies

Ch. 32-34Writ of Mandamus

This text of North Dakota § 32-34-06 (Jury may assess damages) 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 § 32-34-06 (2026).

Text

If an answer is made which raises a question as to a matter of fact essential to the
determination of the motion and affecting the substantial rights of the parties and upon the
supposed truth of which allegation the application for the writ is based, the court in its discretion
may order the question to be tried before a jury, and may postpone the argument until such trial
can be had and the verdict certified to the court. The question to be tried must be stated
distinctly in the order for trial, and the county must be designated in which the same shall be
had. The order also may direct the jury to assess any damages which the applicant may have
sustained in case the jury finds for the applicant.

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If an answer is made which raises a question as to a matter of fact essential to the
determination of the motion and affecting the substantial rights of the parties and upon the
supposed truth of which allegation the application for the writ is based, the court in its discretion
may order the question to be tried before a jury, and may postpone the argument until such trial
can be had and the verdict certified to the court. The question to be tried must be stated
distinctly in the order for trial, and the county must be designated in which the same shall be
had. The order also may direct the jury to assess any damages which the applicant may have
sustained in case the jury finds for the applicant.