Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
A member of the legislative assembly who is a witness or party to a civil action or has been the attorney of record for a party in a civil action for more than fifteen days is entitled to a continuance or an extension of time for any matter related to the civil action during the time the member of the legislative assembly is actually engaged in the performance of the member's duties at a session of the legislative assembly and attendance of the member of the legislative assembly is necessary in the action. Upon application for the continuance or extension, the proceeding must be continued and may not proceed within ten days after the adjournment of the legislative assembly over the objection of the party, witness, or attorney of record. Notice of motion, together with a copy of an affidavit stating that the party, witness, or the attorney of record is a member of the legislative assembly, must be served upon every other party to the action at least ten days before the date of the matter sought to be continued. It is sufficient cause for the continuance of any proceeding before any board, commission, or agency of the state or its political subdivisions that any witness, party to the proceeding, or a party's attorney is a member of the legislative assembly and the legislative assembly is in session. The witness, party, or the party's attorney shall give written notice of the fact of membership in the legislative assembly along with a request for continuance of the proceeding to the board, commission, or agency before which the member of the legislative assembly was to appear. Upon receipt of the notices, the board shall continue the proceeding to a date not less than ten days after adjournment of the legislative assembly and shall notify the other parties to the proceeding, and their attorneys, of the continuance.
Cite this article: FindLaw.com - North Dakota Century Code Title 54. State Government § 54-03-22. When party or attorney is member of legislative assembly - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-54-state-government/nd-cent-code-sect-54-03-22/
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.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)