N.D. Cent. Code » Chapter t32c01
North Dakota Century Code

N.D. Cent. Code § 32-01-01 (2026)

Remedies - Classification

✓ current as of May 2026
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Remedies in the courts of justice are divided into:

1. Actions.

2. Special proceedings. \n 32-01-02. Action defined. An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. \n

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1966–2022 · leading case: City of Fargo v. Annexation Review Comm'n of Cass Cnty., 148 N.W.2d 338 (N.D. 1966).
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City of Fargo v. Annexation Review Comm'n of Cass Cnty., 148 N.W.2d 338 (N.D. 1966). · cites it 8× “" Is a certiorari proceeding an "action" within the *346 meaning of § 28-27-32 to entitle an appellant to a trial de novo in this court ? Section 32-01-01, N.D.C.C., divides remedies into "actions" and "special proceedings.”
Sandbeck v. Rockwell, 524 N.W.2d 846 (N.D. 1994). · cites it 4× “N.D.C.C. § 32-01-01. An "action" is "an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.”
Blomdahl v. Blomdahl, 2011 ND 78 (N.D. 2011). · cites it 4× “” Section 32-01-01, N.D.C.C., states that “[r]emedies in the courts of justice are divided into: 1.”
Orwig v. Orwig, 2022 ND 29 (N.D. 2022). · cites it 2× “, defines an action as “an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.”
Kee v. Redlin, 203 N.W.2d 423 (N.D. 1972). · cites it 2× “The party appealing must immediately procure the transmission of the record of such appeal to this court, and the appeal may be brought on for hearing at any time this court shall be in session upon five days' notice from either party and shall be heard and determined in a…”
F/S Mfg. v. Kensmoe, 798 N.W.2d 853 (N.D. 2011). · cites it 2× “§ 28-01-38 (an action is commenced when the summons is served on the defendant); N.D.C.C. § 32-01-01 (remedies in the courts are divided into actions and special proceedings); N.”
Collette v. Matejcek, 146 N.W.2d 156 (N.D. 1966). · cites it 2× “Section 32-01-01, N.D.C.C., classifies the remedies in courts of justice as being divided into actions and special proceedings.”
State v. Rogers, 2011 ND 104 (N.D. 2011). · cites it 2× “§ 28-01-38 (an action is commenced when the summons is served on the defendant); N.D.C.C. § 32-01-01 (remedies in the courts are divided into actions and special proceedings); N.”
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