On a second and each subsequent appeal to the supreme court, or when an appeal has once been dismissed for defect or irregularity, the cause must be placed upon the calendar as of the time of filing the first appeal. If an appeal is taken from any judgment or order for or against the state of North Dakota, any state officer, or any board of state officers, as sole plaintiff or defendant, such appeal must have a preference in the supreme court and upon motion of either party thereto may be moved out of the order on the calendar.

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Terms Used In North Dakota Code 27-02-19

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49