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North Dakota Century Code Title 32. Judicial Remedies § 32-07-02. Plaintiff's affidavit

Current as of January 01, 2024 | Updated by Findlaw Staff

When a delivery is claimed, an affidavit must be made by the plaintiff, or by someone in the plaintiff's behalf, stating:

1. That the plaintiff is the owner of the property claimed, particularly describing it, or lawfully is entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth.

2. That the property is detained wrongfully by the defendant.

3. The alleged cause of the detention thereof according to the affiant's best knowledge, information, and belief.

4. That the property has not been taken for a tax, assessment, or fine pursuant to a statute, nor seized under an execution or attachment against the property of the plaintiff, or if so seized, that it by statute is exempt from such seizure.

5. The actual value of the property.

6. That a court order has been issued authorizing delivery hereunder, and is attached:

a. Pursuant to notice to defendant and hearing on an order to show cause; or

b. Without notice to defendant if, in addition to satisfying the requirements for an order to show cause, probable cause appears to the court that:

(1) The defendant gained possession of the property by theft or fraud;

(2) The property consists of one or more negotiable instruments or credit cards;

(3) The property is perishable and will be irreparably damaged before a hearing can be held; or

(4) The property is in immediate danger of destruction, serious harm, concealment, or removal from the state, or of sale to an innocent purchaser.

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Cite this article: FindLaw.com - North Dakota Century Code Title 32. Judicial Remedies § 32-07-02. Plaintiff's affidavit - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-32-judicial-remedies/nd-cent-code-sect-32-07-02/

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