N.D. Cent. Code » Title 32 · Chapter 32-34
North Dakota Century Code

N.D. Cent. Code § 32-34-06 (2026)

Jury may assess damages

✓ current as of May 2026
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If an answer is made which raises a question as to a matter of fact essential to the determination of the motion and affecting the substantial rights of the parties and upon the supposed truth of which allegation the application for the writ is based, the court in its discretion may order the question to be tried before a jury, and may postpone the argument until such trial can be had and the verdict certified to the court. The question to be tried must be stated distinctly in the order for trial, and the county must be designated in which the same shall be had. The order also may direct the jury to assess any damages which the applicant may have sustained in case the jury finds for the applicant.

Notes of Decisions
Cited in 6 cases, 1978–1980 · leading case: Blomquist v. Clague, 290 N.W.2d 235 (N.D. 1980).
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Blomquist v. Clague, 290 N.W.2d 235 (N.D. 1980). · cites it 8× “Section 32-34-06, N.D.C.C., provides for a jury determination if an essential question of fact is presented in the application for a writ of mandamus and disputed in the answer.”
Dorgan v. Kouba, 274 N.W.2d 167 (N.D. 1978). · cites it 2× “[2] The Seventh Amendment provides: "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according…”
Samuels v. White Shield Pub. Sch. Dist. No. 85, 297 N.W.2d 421 (N.D. 1980). · cites it 2× “In my opinion the trial court was entirely correct in pointing out that the only claim for damage available is incidental to a writ of mandamus as indicated in § 32-34-06, NDCC, and as pointed out in Dobervich, supra .”
Dorgan v. Mercil, 269 N.W.2d 99 (N.D. 1978). · cites it 2× “Significantly, Chapter 32-34, NDCC, entitled Writ of Mandamus, does not provide the venue in which the action is to be brought except as provided for in § 32-34-06, NDCC, under limited circumstances.”
Dobervich v. Cent. Cass Pub. Sch. Dist. No. 17, 283 N.W.2d 187 (N.D. 1979). “This court reversed, saying that Henley was entitled to mandamus but, because that was no longer possible, the case was remanded so that the trial court could ascertain compensatory damages (§ 32-34-06, NDCC). Pollock v. McKenzie County Public School Dist.”
Dorgan v. Miller, 297 N.W.2d 418 (N.D. 1980). “] The matter of using juries in a mandamus proceeding is covered in § 32-34-06, NDCC: “Jury may assess damages.”
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