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28-31 Practice Before Supreme Court

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CHAPTER 28-31PRACTICE BEFORE SUPREME COURT28-31-01. Fees. Superseded by N.D.R.App.P., Rule 12.28-31-02. Submission of cases. Superseded by N.D.R.App.P., Rule 45.28-31-03. Calendar. Superseded by N.D.R.App.P., Rule 45.28-31-04. Continuance. Superseded by N.D.R.App.P., Rule 34.28-31-05. Oral argument. Superseded by N.D.R.App.P., Rule 34.28-31-06. Application for original writs or orders. An application for a writ or order ofthe supreme court, in the exercise of its original jurisdiction, must be made by filing seven copies<br>of the moving papers accompanied by a brief upon the law, including citations of authorities.28-31-07. Original writs or orders. Upon application for an original writ or order toshow cause, the supreme court in its discretion may issue an order to show cause, or may direct<br>an alternative writ to be issued by the clerk, returnable at a time deemed proper.28-31-08. Writs. All writs issued from or out of the supreme court must be signed by theclerk, sealed with the seal of the court, and attested upon the day issued.28-31-09. Proceedings in exercise of original jurisdiction. In an original cause in thesupreme court, whether in response to an order to show cause or an alternative writ of any kind,<br>the respondent shall appear by written motion, answer, or return. This may be submitted to the<br>supreme court without waiver at one or different times, as may best suit the convenience of the<br>court and the parties, for purposes of expedition. Upon a hearing, the parties may present, in<br>support of the issues, affidavits and counter affidavits. If, for the determination of controverted<br>facts, a further hearing and additional evidence become necessary, the court, upon application<br>made therefor, shall determine the method of taking, and the time for the return of, additional<br>testimony, whether the same be by additional evidence, by deposition, or by oral testimony taken<br>before the court, or by reference either to a trial court or some designated commissioner or<br>referee.28-31-10. Taxation of costs. Superseded by N.D.R.App.P., Rule 39.28-31-11. Execution for costs. Superseded by N.D.R.App.P., Rule 39.Page No. 1Document Outlinechapter 28-31 practice before supreme court