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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 five thousand or more having a municipal court may by resolution abolish its municipal court if the city has entered an agreement with:
a. The governing body of the county in which the municipal court is located;
b. The presiding judge of the district in which the municipal court is located; and
c. The state court administrator's office.
2. The agreement must provide for an effective date of the transfer of the municipal court cases to the district court not fewer than one hundred eighty days after the date of the agreement unless otherwise agreed upon.
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 transfer.
4. On the effective date of the 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 agreement 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 subsequently collected on cases pending on the effective date 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 § 40-18.1-25. Abolition of municipal court in a city with a population of five thousand or more - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-40-municipal-government/nd-cent-code-sect-40-18-1-25/
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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