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