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Current as of January 01, 2024 | Updated by Findlaw Staff
1. The governing body of a city with a population of fewer than five thousand having a municipal court may by resolution abolish its municipal court. The jurisdiction of a municipal court abolished by resolution must be transferred to the district court of the district in which the city is located.
2. The city auditor shall provide a copy of the resolution abolishing the court to the presiding judge and clerk of court of the district court for the district in which the city is located, the state's attorney for the county in which the city is located, and the state court administrator. The resolution must provide the effective date of the transfer of cases, which must be at least ninety days following the date of the resolution.
3. At least ten days before the effective date of the transfer, the clerk of the municipal court shall deliver to the clerk of the district court all cases pending action by the district court after the effective date of the resolution.
4. On the effective date of transfer, all proceedings relating to ordinance violations must be within the jurisdiction of the district court. Judgments of courts which cease to exist on the effective date of the resolution continue in effect and the district court may enforce the judgments. Fines, forfeitures, and costs due and unpaid on the effective date of the transfer and those which are subseguently collected on cases pending on the effective date of the transfer must be collected by the district court and remitted to the city.
5. The authority, duties, powers, jurisdiction, and term of the municipal judge terminates on the last day of the month in which all municipal cases have been transferred to the district court or the expiration of the judge's term, whichever occurs first.
Cite this article: FindLaw.com - North Dakota Century Code Title 40. Municipal Government § 40-18.1-24. Abolition of municipal court in a city with a population of fewer than five thousand - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-40-municipal-government/nd-cent-code-sect-40-18-1-24/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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