North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2102 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.0360.01000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Senator Larson
7	7	Representative Heinert
8	8	A BILL for an Act to amend and reenact section 29-15-21 of the North Dakota Century Code,
9	9	relating to a written demand for change of judge; and to provide for application.
10	10	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11	11	SECTION 1. AMENDMENT. Section 29-15-21 of the North Dakota Century Code is
12	12	amended and reenacted as follows:
13	13	29-15-21. Demand for change of judge.
14	14	1.Subject to the provisions of this section, any party to a civil or criminal action or
15	15	proceeding pending in the district court may obtain a change of the judge before whom
16	16	the trial or any proceeding with respect thereto is to be heard by filing with the clerk of
17	17	the court in which the action or proceeding is pending the original of a written demand
18	18	for change of judge, executed either:
19	19	a.By the personal signature of the party, if an individual, and by the personal
20	20	signature of an authorized officer or manager, if a corporation, limited liability
21	21	company, or association; or
22	22	b.By the attorney for a party with the permission of the party, in which event the
23	23	attorney shall file with the demand a certificate that the attorney has mailed a
24	24	copy of the demand to such party.
25	25	2.The demand is invalid unless it is filed with the clerk of the court notno later than ten
26	26	days after the occurrence of the earliest of any one of the following events:
27	27	a.The date of the notice of assignment or reassignment of a judge for trial of the
28	28	case;
29	29	b.The date of notice that a trial has been scheduled; or
30	30	c.The date of service of any ex parte order in the case signed by the judge against
31	31	whom the demand is filed.
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33	33	SENATE BILL NO. 2102
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60	60	3.Any party who has been added, voluntarily or involuntarily, to the action or proceeding
61	61	after the date of any occurrence in subsection 2 has the right to file a demand for
62	62	change of judge within ten days after any remaining event occurs or, if all of those
63	63	events have already occurred, within ten days after that party has been added. In any
64	64	event, noa demand for a change of judge may not be made after the judge sought to
65	65	be disqualified has ruled uponon any matter pertaining to the action or proceeding in
66	66	which the demanding party was heard or had an opportunity to be heard. Any
67	67	proceeding to modify an order for alimony, property division, or child support pursuant
68	68	to section 14-05-24 or an order for child custody pursuant to section 14-05-22 must be
69	69	considered a proceeding separate from the original action and the fact that the judge
70	70	sought to be disqualified made any ruling in the original action does not bar a demand
71	71	for a change of judge.
72	72	4.The demand for change of judge must state that itthe demand is filed in good faith and
73	73	not for the purposes of delay. ItThe demand must indicate the nature of the action or
74	74	proceeding, designate the judge sought to be disqualified, the reason the change of
75	75	judge is sought, and certify that that judge has not ruled uponon any matter pertaining
76	76	to the action or proceeding in which the moving party was heard or had an opportunity
77	77	to be heard.
78	78	5.Upon the filing of the demand for change of judge, the clerk shall immediately shall
79	79	send a copy of the demand for a change of judge to the presiding judge of the judicial
80	80	district and the judge sought to be disqualified.
81	81	6.Upon receipt of a copy of a demand for change of judge, the judge sought to be
82	82	disqualified has no authority or discretion to determine the timeliness or validity of the
83	83	demand and shallmay not proceed noany further or take any action in the action or
84	84	proceeding and is thereafter disqualified from doing any further act in the cause unless
85	85	the demand is invalidated by the presiding judge. The judge sought to be disqualified
86	86	shall promptly shall submit to the presiding judge any comments the judge may have
87	87	regarding the demand. If the presiding judge thereafter invalidates the demand
88	88	because itthe demand was not timely filed timely, the reason for the change was not
89	89	based on reasonable grounds, or for other reasons, the judge sought to be disqualified
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122	122	shall resumeresumes jurisdiction in the case and shall hear and determine the case to
123	123	conclusion.
124	124	7.If a demand for a change of judge has been made and another judge assigned by the
125	125	presiding judge of the judicial district, the presiding judge may decline to grant another
126	126	demand for a change of judge made by a party whose interests in the matter are not
127	127	adverse to those of the party whose demand was granted. A judge assigned by the
128	128	presiding judge pursuant to a demand for change of judge is not disqualified upon a
129	129	subsequent demand for change of judge unless and until the subsequent demand is
130	130	granted and notice thereof is given to that judge by the presiding judge. A subsequent
131	131	demand for a change of judge may be made only within five days after receiving notice
132	132	of the assignment of a judge by the presiding judge pursuant to a previous demand.
133	133	8.Upon receipt of a timely filed demand for a change of judge from the clerk of the court,
134	134	the presiding judge of the judicial district in which the demand is filed shall promptly
135	135	shall designate another judge to act in the place and stead of the judge disqualified.
136	136	9.The judge designated, after receiving suchthe notice of the assignment from the
137	137	presiding judge, shall promptly shall proceed with the hearing or trial, first giving to the
138	138	parties or their attorneys reasonable notice of the date of the hearing or trial.
139	139	SECTION 2. APPLICATION. This Act applies to a civil or criminal action or proceeding
140	140	commenced after the effective date of this Act.
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