North Dakota Code 28-35-09 – (204) Special jurisdiction
1. A court of this state lacking jurisdiction under section 28-35-08 has special jurisdiction to do any of the following:
Terms Used In North Dakota Code 28-35-09
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- 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
a. Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state; b. Issue a protective order with respect to real or tangible personal property located in this state; or
c. Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 28-35-15.
2. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.