North Dakota § 47-32-04 Eviction actions not joinable with other actions - Exception - When counterclaims only interposable

North Dakota Statutes

§ 47-32-04 — Eviction actions not joinable with other actions - Exception - When counterclaims only interposable

North Dakota § 47-32-04

Title 47Property

Ch. 47-32Eviction

This text of North Dakota § 47-32-04 (Eviction actions not joinable with other actions - Exception - When counterclaims only interposable) 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 § 47-32-04 (2026).

Text

counterclaims only interposable.
An action of eviction cannot be brought in a district court in connection with any other
action, except for rents and profits accrued or for damages arising by reason of the defendant's
possession. No counterclaim can be interposed in such action, except as a setoff to a demand
made for damages or for rents and profits. If the court finds for the plaintiff in the action, the
court shall enter judgment that the plaintiff have immediate restitution of the premises. Upon a
showing by the defendant that immediate restitution of the premises would work a substantial
hardship on the defendant or the defendant's family, except in cases in which the eviction
judgment is based in whole or in part on a disturbance of the peace, the court may stay the
special executio

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counterclaims only interposable.
An action of eviction cannot be brought in a district court in connection with any other
action, except for rents and profits accrued or for damages arising by reason of the defendant's
possession. No counterclaim can be interposed in such action, except as a setoff to a demand
made for damages or for rents and profits. If the court finds for the plaintiff in the action, the
court shall enter judgment that the plaintiff have immediate restitution of the premises. Upon a
showing by the defendant that immediate restitution of the premises would work a substantial
hardship on the defendant or the defendant's family, except in cases in which the eviction
judgment is based in whole or in part on a disturbance of the peace, the court may stay the
special execution for a reasonable period, not to exceed five days.