North Dakota Code 28-31-09 – Proceedings in exercise of original jurisdiction
In an original cause in the supreme court, whether in response to an order to show cause or an alternative writ of any kind, the respondent shall appear by written motion, answer, or return.
Terms Used In North Dakota Code 28-31-09
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
This may be submitted to the supreme court without waiver at one or different times, as may best suit the convenience of the court and the parties, for purposes of expedition. Upon a hearing, the parties may present, in support of the issues, affidavits and counter affidavits. If, for the determination of controverted facts, a further hearing and additional evidence become necessary, the court, upon application made therefor, shall determine the method of taking, and the time for the return of, additional testimony, whether the same be by additional evidence, by deposition, or by oral testimony taken before the court, or by reference either to a trial court or some designated commissioner or referee.