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32-01 General Provisions

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TITLE 32JUDICIAL REMEDIESCHAPTER 32-01GENERAL PROVISIONS32-01-01. Remedies - Classification. Remedies in the courts of justice are divided into:1.Actions.2.Special proceedings.32-01-02. Action defined. An action is an ordinary proceeding in a court of justice, bywhich a party prosecutes another party for the enforcement or protection of a right, the redress or<br>prevention of a wrong, or the punishment of a public offense.32-01-03. Actions - Classification. Actions are of two kinds:1.Civil.2.Criminal.32-01-04. Special proceeding defined. A special proceeding is any remedy other thanan action.32-01-05. Criminal action defined. A criminal action is one prosecuted by the state asa party against a person charged with a public offense for the punishment thereof.32-01-06. Civil action defined. A civil action is any action other than a criminal action.32-01-07. Process in civil action. All process in civil actions shall run in the name ofthe state of North Dakota.32-01-08. Civil and criminal remedies not merged.When the violation of a rightadmits of both a civil and a criminal remedy, the right to prosecute the one is not merged in the<br>other.32-01-09. Civil action - One form - Plaintiff and defendant defined. Superseded byN.D.R.Civ.P., Rule 2.32-01-10. Provisional remedies classified. The provisional remedies in civil actionsare:1.Claim and delivery of personal property.2.Attachment.3.Garnishment.4.Receivers.5.Deposit in court.32-01-11. Compensation for violation of private rights - Other relief, when. As ageneral rule compensation is the relief or remedy provided by the law of this state for the violation<br>of private rights and the means of securing their observance. Specific and preventive relief may<br>be given in no cases other than those specified in this title.Page No. 132-01-12. Conditions of relief from forfeiture. Whenever by the terms of an obligationa party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of the party's<br>failure to comply with its provisions, the party may be relieved therefrom upon making full<br>compensation to the other party, except in case of a grossly negligent, willful, or fraudulent<br>breach of duty.32-01-13.How special issues not made by pleadings are tried.Superseded byN.D.R.Civ.P., Rule 39(b).Page No. 2Document Outlinechapter 32-01 general provisions