North Dakota § 34-08-12 Change of judge to hear contempt charge - Demand required

North Dakota Statutes

§ 34-08-12 — Change of judge to hear contempt charge - Demand required

North Dakota § 34-08-12

Title 34Labor and Employment

Ch. 34-08Labor Disputes and Court Proceedings Therein

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Bluebook

N.D. Cent. Code § 34-08-12 (2026).

Text

The defendant in any proceeding for contempt of court arising out of matters covered by the provisions of this chapter may file with the court, prior to the hearing in such proceeding, a demand for the retirement of the judge sitting in the proceeding if:

1.The contempt is alleged to have arisen from an attack upon the character or conduct of such judge; and

2.The attack which is alleged to be the basis of such proceeding occurred elsewhere than in the presence of the court or so near thereto as to interfere directly with the administration of justice. Upon the filing of such demand, the judge shall proceed no further in the matter and another judge must be designated by the supreme court to hear the same.

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The defendant in any proceeding for contempt of court arising out of matters covered by the
provisions of this chapter may file with the court, prior to the hearing in such proceeding, a
demand for the retirement of the judge sitting in the proceeding if:
1. The contempt is alleged to have arisen from an attack upon the character or conduct
of such judge; and
2. The attack which is alleged to be the basis of such proceeding occurred elsewhere
than in the presence of the court or so near thereto as to interfere directly with the
administration of justice.
Upon the filing of such demand, the judge shall proceed no further in the matter and another
judge must be designated by the supreme court to hear the same.