In an action prosecuted or defended by a personal representative, trustee of an express trust, or a person expressly authorized by statute, costs must be recovered as in an action by and against a person prosecuting or defending in the person’s own right, but such costs, by the judgment, must be chargeable only upon or collected of the estate, fund, or party represented, unless the court directs the same to be paid by the plaintiff or defendant personally for mismanagement or bad faith in such action or defense.

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Terms Used In North Dakota Code 28-26-21

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.