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32-27 Establishing Citizenship

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CHAPTER 32-27ESTABLISHING CITIZENSHIP32-27-01. Where proceeding maintained. Any citizen of this state may maintain aproceeding in accordance with this chapter in the district court of the county in which the person<br>resides for the purpose of establishing the fact that the person is a citizen of the state of North<br>Dakota.32-27-02. How proceeding instituted - Contents of petition. Such proceeding shallbe instituted by the filing of a petition with the clerk of the district court of the county in which the<br>petitioner resides, setting forth:1.That the petitioner is a resident of and resides within the state of North Dakota.2.That the petitioner is a citizen of the United States of America.3.The place and date of birth of the petitioner.4.If the petitioner was born within the United States of America, whether or not the<br>petitioner's parents were transient aliens or alien public ministers or consuls.5.If the petitioner was born without the boundaries of the territorial United States of<br>America, facts sufficient to show that the petitioner is a citizen of the United States of<br>America, and the basis upon which citizenship rests.32-27-03. Notice to be given by clerk of the district court. Upon the filing of a petitionof the kind described in this chapter, the clerk of the district court with whom such petition is filed<br>shall issue a notice under the seal of the said district court fixing the time and place for the<br>hearing upon such petition. Such notice shall be published in the official newspaper of the county<br>for three successive weeks, the last publication to be at least ten days before the time set for the<br>hearing. A copy of such notice and of such petition shall be served upon the attorney general<br>and upon the state's attorney of the county of which the petitioner is a resident at least thirty days<br>before the time set for the hearing. Proof of the publication and service required by this section<br>shall be filed in the office of the clerk of the district court on or before the date set for the hearing<br>on such petition.32-27-04.Hearing - Who may appear - Duty of attorney general and state'sattorney. Any citizen of the state may appear at the hearing provided for in this chapter and<br>shall be heard in favor of or in opposition to the petition. The attorney general, if the attorney<br>general has reason to believe that the petitioner is not a bona fide citizen of the state of North<br>Dakota or of the United States of America, shall appear at the hearing in opposition to the<br>petition. The attorney general, if the attorney general has any doubt relative to the citizenship of<br>the petitioner, shall secure any information required for such hearing from any department of the<br>government of the United States of America. The state's attorney of the county in which the<br>proceeding is pending shall appear at any hearing on a petition filed under the provisions of this<br>chapter.32-27-05. Judgment. If, after the hearing, the court is satisfied that the petitioner is abona fide citizen of the state of North Dakota, it shall make appropriate findings of fact and<br>conclusions of law and shall order a judgment to that effect and such judgment shall be entered<br>in the office of the clerk of the district court upon such order. If the court is not satisfied that the<br>petitioner is a bona fide citizen of the state of North Dakota, it shall make appropriate findings of<br>fact and conclusions of law and shall order the entry of a judgment denying the petition, and a<br>judgment shall be entered upon such order reciting the dismissal and denial of the petition. A<br>judgment establishing the citizenship of a petitioner shall be entitled to full faith and credit in the<br>same manner as any other judgment of the courts of this state.Page No. 132-27-06. Appeal. The petitioner may appeal to the supreme court from a judgment ofthe district court denying the petition for the establishment of citizenship. Notice of such appeal<br>must be served upon the attorney general and upon the state's attorney of the county of which<br>the petitioner is a resident. The attorney general or the state's attorney of the county of which the<br>petitioner is a resident may appeal to the supreme court from a judgment of the district court<br>establishing citizenship. Notice of such appeal shall be given to the petitioner. An appeal under<br>this section must be taken within thirty days after the entry of a judgment establishing citizenship<br>or denying and dismissing the petition for the establishment of citizenship and shall be heard by<br>the supreme court in the same manner as other appeals from actions tried by the district court<br>without a jury. If the appeal under this section is taken by the attorney general or state's attorney,<br>no appeal bond shall be required.Page No. 2Document Outlinechapter 32-27 establishing citizenship