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North Dakota N.D. Const. art. VI, § 1 Courts, generally
The judicial power of the state is vested in a unified judicial system consisting of a supreme court, a district court, and such other courts as may be provided by
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law.
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North Dakota N.D. Const. art. VI, § 2 Supreme Court
The supreme court shall be the highest court of the state. It shall have appellate jurisdiction, and shall also have original jurisdiction with authority to issue, hear, and determine such
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original and remedial writs as may be necessary to properly exercise its jurisdiction. The supreme court shall consist of five justices, one of whom shall be designated chief justice in the manner provided by law.
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North Dakota N.D. Const. art. VI, § 8 District Courts
The district court shall have original jurisdiction of all causes, except as otherwise provided by law, and such appellate jurisdiction as may be provided by law or by rule of
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the supreme court. The district court shall have authority to issue such writs as are necessary to the proper exercise of its jurisdiction.
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North Dakota N.D. Const. art. VI, § 9 District Courts The state shall be divided into judicial districts by order of the supreme court. . . . Creation of the courts
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North Dakota N.D. Cent. Code § 27-02-04 Supreme Court
The supreme court may exercise appellate jurisdiction only, except when otherwise specially provided by law or by the constitution. Such court, in the exercise of its original jurisdiction, may issue
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writs of habeas corpus, mandamus, quo warranto, certiorari, and injunction. In the exercise of its appellate jurisdiction, and in its superintending control over inferior courts, it may issue such original and remedial writs as are necessary to the proper exercise of such jurisdiction. Such court shall exercise its original jurisdiction only in habeas corpus cases and in such cases of strictly public concern as involve questions affecting the sovereign rights of this state or its franchises or privileges.
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North Dakota N.D. Cent. Code § 27-02.1-01 Court of Appeals
A temporary court of appeals is established to exercise appellate and original jurisdiction as delegated by the supreme court. Panels of the temporary court of appeals may issue original and
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remedial writs necessary to properly exercise jurisdiction in cases assigned to them. The panels of the temporary court of appeals are subject to administration by the supreme court pursuant to sections 3 and 8 of article VI of the Constitution of North Dakota.
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North Dakota N.D. Cent. Code § 27-02.1-03 Court of Appeals Panels of the temporary court of appeals have jurisdiction to hear and to decide all cases assigned by the supreme court. Jurisdiction of the courts
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North Dakota N.D. Cent. Code § 27-05-00.1 District Courts
1. Following the completion on January 1, 1995, of the terms of the judges of all county courts, the county court and office of judge of the county court in
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each county are abolished. 2. District court judgeships are established on January 2, 1995, in number equal to the number of county judges serving the county courts on January 1, 1991, or the number of county judges serving the county courts on January 1, 1994, whichever is the lesser number. . . . All statutes relating to the district court apply to the district court judgeships established pursuant to this subsection, except as otherwise provided by this section. 3. The supreme court shall designate by rule, prior to January 1, 1994, the judicial district for each additional district court judgeship established pursuant to subsection 2. The judicial district designated by the supreme court for each district court judgeship established pursuant to subsection 2 is the area of election for that office at the general election in 1994. . . .
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North Dakota N.D. Cent. Code § 27-05-06 District Courts
The district courts of this state have the general jurisdiction conferred upon the courts by the constitution, and in the exercise of that jurisdiction the courts have power to issue
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all writs, process, and commissions provided therein or by law or which may be necessary for the due execution of the powers with which the courts are vested. The courts have: 1. Common-law jurisdiction and authority within their respective judicial districts for the redress of all wrongs committed against the laws of this state affecting persons or property. 2. Power to hear and determine all civil actions and proceedings. 3. All the powers, according to the usages of courts of law and equity, necessary to the full and complete jurisdiction of the causes and parties and the full and complete administration of justice, and to carrying into effect the courts' judgments, orders, and other determinations, subject to a re-examination by the supreme court as provided by law. 4. Jurisdiction of appeals from all final judgments of municipal judges and from the determinations of inferior officers, boards, or tribunals, in the cases and pursuant to the regulations as may be prescribed by law. 5. Disputed property line proceedings pursuant to section 11-20-14.1. 6. Power to hear and determine all actions and proceedings arising from the enforcement of county home rule charter ordinances.
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North Dakota N.D. Cent. Code § 27-05-22 District Courts
No judge of a district court of this state may hear or determine any action, special proceeding, motion, or application, or make any order, or give any judgment, in any
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action or proceeding pending or about to be commenced in a judicial district other than the one for which that judge was elected, except . . . .
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North Dakota N.D. Cent. Code § 27-05.2-02 State funding of clerk of district court services--Agreements to provide services--Transition schedule
1. Except as provided in subsection 2, the supreme court, within the limits of legislative appropriations and pursuant to subsection 7, shall provide clerk of district court services in each
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county in the state. The supreme court may provide such services through clerks of district court, deputies, and assistants who are employees of the judicial system or through service agreements under subsection 6. The supreme court shall develop standards and procedures to ensure that adequate clerk of district court services are provided. “Clerk of district court services” means those duties and services, as provided by statute or rule of the supreme court, that directly serve the judicial system and the provision of effective and efficient judicial services to the public. Beginning January 1, 2003, the individual designated by a board of county commissioners to provide clerk of district court services under subsection 2 or 6 serves as ex officio clerk of district court. The salary and bond for the ex officio clerk of district court must be fixed by a resolution adopted by the board of county commissioners.2. A county may elect to provide clerk of district court services at the county's own expense. The board of county commissioners shall forward to the supreme court a resolution indicating its election to provide services under this subsection. Such services must be provided in a manner consistent with standards and procedures established by the supreme court. If the county is unable to provide adequate clerk of district court services, the supreme court shall provide for those services in any manner it considers appropriate. If a county has entered into an agreement under subsection 6, the county may not provide clerk of district court services under this subsection until after the agreement has expired.3. In a county in which the supreme court determines that at least five full-time employees are necessary to provide adequate clerk of district court services, the elected clerk of district court and clerk of court staff designated by the supreme court shall become employees of the state judicial system if the board of county commissioners consents to the transition after consultation with the elected clerk. This subsection applies upon receipt by the supreme court of a resolution adopted by the board of county commissioners indicating its consent. Any equipment, including technology-related equipment, and furnishings in the control and custody of the clerk of district court on the date the clerk becomes a state employee must remain in the control and custody of the clerk until the state court administrator determines the items are no longer needed. The clerk, upon becoming a state employee, shall receive a salary in an amount not less than the salary received as a county employee and shall remain an employee of the state judicial system until the clerk retires, resigns, or the term for which the clerk was initially elected expires, whichever occurs earlier. Thereafter, the clerk of district court must be appointed in the manner provided by supreme court rule. If the board of county commissioners does not consent to the clerk and designated staff becoming employees of the state judicial system, the county must provide clerk of district court services at its own expense in accordance with subsection 2.4. In a county in which the supreme court determines that one or more, but less than five, full-time employees are necessary to provide clerk of district court services, the elected clerk of district court and clerk of court staff designated by the supreme court shall become employees of the state judicial system in the manner described in subsection 3. If the board of county commissioners does not consent to the clerk and designated staff becoming employees of the state judicial system, the county may provide clerk of district court services at its own expense under subsection 2 or the supreme court may provide funding for clerk of district court services in accordance with an agreement under subsection 6.5. In a county in which the supreme court determines that less than one full-time employee is necessary to provide clerk of district court services, the supreme court may provide funding for such services in accordance with an agreement under subsection 6.6. The supreme court may enter into an agreement with one or more boards of county commissioners to provide funding for the provision of clerk of district court services in a manner consistent with standards and procedures established by the supreme court. Funding for personnel under the agreement must be equal to the amount, based on county employee compensation levels, necessary for the number of full-time employees needed to provide clerk of district court services. Funding must be available under the agreement to defray the cost of technology-related equipment considered necessary by the supreme court for the delivery of adequate clerk of district court services. After entering into an agreement under this subsection, a county may, under chapter 11-10.2 or 11-10.3, provide for the delivery of clerk of district court services in a manner consistent with the agreement. If a county fails to fulfill the terms of an agreement or is unable to provide clerk of district court services consistent with standards and procedures established by the supreme court, the supreme court shall provide for those services in any manner it considers appropriate.
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North Dakota N.D. Cent. Code § 27-20-03 Juvenile Courts
1. The juvenile court has exclusive original jurisdiction of the following proceedings, which are governed by this chapter: a. Proceedings in which a child is alleged to be delinquent, unruly,
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or deprived; b. Proceedings for the termination of parental rights except when a part of an adoption proceeding; c. Proceedings arising under section 27-20-30.1; and d. Civil forfeiture proceedings arising under chapter 19-03.1 or section 29-31.1-04 for which a child is alleged to have possessed forfeitable property. The juvenile court shall conduct the proceedings in accordance with the procedures provided for under sections 19-03.1-36 through 19-03.1-37. 2. The juvenile court also has exclusive original jurisdiction of the following proceedings, which are governed by the laws relating thereto without regard to the other provisions of this chapter: a. Proceedings to obtain judicial consent to the marriage, employment, or enlistment in the armed services of a child, if consent is required by law; b. Proceedings under the interstate compact on juveniles; c. Proceedings under the interstate compact on the placement of children; and d. Proceedings arising under section 50-06-06.13 to obtain a judicial determination that the placement of a severely emotionally disturbed child in an out-of-home treatment program is in the best interests of the child. 3. The juvenile court has concurrent jurisdiction with the district court of proceedings for the appointment of a guardian for a minor which, if originated under this chapter, are governed by this chapter and chapter 30.1-27.
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Utah Utah Code Ann. § 78A-3-102 Supreme Court jurisdiction
(1) The Supreme Court has original jurisdiction to answer questions of state law certified by a court of the United States. (2) The Supreme Court has original jurisdiction to issue
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all extraordinary writs and authority to issue all writs and process necessary to carry into effect its orders, judgments, and decrees or in aid of its jurisdiction. (3) The Supreme Court has appellate jurisdiction, including jurisdiction of interlocutory appeals, over: (a) a judgment of the Court of Appeals; (b) cases certified to the Supreme Court by the Court of Appeals prior to final judgment by the Court of Appeals; (c) discipline of lawyers; (d) final orders of the Judicial Conduct Commission; (e) final orders and decrees in formal adjudicative proceedings originating with: (i) the Public Service Commission; (ii) the State Tax Commission; (iii) the School and Institutional Trust Lands Board of Trustees; (iv) the Board of Oil, Gas, and Mining; (v) the state engineer; or (vi) the executive director of the Department of Natural Resources reviewing actions of the Division of Forestry, Fire, and State Lands; (f) final orders and decrees of the district court review of informal adjudicative proceedings of agencies under Subsection (3)(e); (g) a final judgment or decree of any court of record holding a statute of the United States or this state unconstitutional on its face under the Constitution of the United States or the Utah Constitution; (h) interlocutory appeals from any court of record involving a charge of a first degree or capital felony; (i) appeals from the district court involving a conviction or charge of a first degree felony or capital felony; (j) orders, judgments, and decrees of any court of record over which the Court of Appeals does not have original appellate jurisdiction; and (k) appeals from the district court of orders, judgments, or decrees ruling on legislative subpoenas.
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Utah Utah Const. art. VIII, § 1 Judicial Power
The judicial power of the state shall be vested in a Supreme Court, in a trial court of general jurisdiction known as the district court, and in such other courts
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as the Legislature by statute may establish. The Supreme Court, the district court, and such other courts designated by statute shall be courts of record...The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States.
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Utah Utah Const. art. VIII, § 3 Jurisdiction of the Supreme Court
The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States. The Supreme Court
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shall have appellate jurisdiction over all other matters to be exercised as provided by statute, and power to issue all writs and orders necessary for the exercise of the Supreme Court's jurisdiction or the complete determination of any cause.
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Utah Utah Const. art. VIII, §§ 1,5 Jurisdiction of District Court
The district court shall have original jurisdiction in all matters except as limited by this constitution or by statute, and power to issue all extraordinary writs. The district court shall
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have appellate jurisdiction as provided by statute. The jurisdiction of all other courts, both original and appellate, shall be provided by statute.
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Utah Utah Const. art. VIII, § 1 Judicial Power
Courts not of record shall also be established by statute...Municipalities or counties of the first or second class may create a justice court by filing a written declaration with the
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Judicial Council on or before July 1 at least two years prior to the effective date of the election. Upon demonstration of compliance with operating standards as established by statute and the Judicial Council, the Judicial Council shall certify the creation of the court...(1) Justice courts have jurisdiction over class B and C misdemeanors, violation of ordinances, and infractions committed within their territorial jurisdiction by a person 18 years of age or older.
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Utah Utah Code Ann. § 78-5-104 Jurisdiction
(2) Except those offenses over which the juvenile court has exclusive jurisdiction, justice courts have jurisdiction over the following offenses committed within their territorial jurisdiction by a person who is
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16 or 17 years of age: (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver Licensing Act; and (b) class B and C misdemeanor and infraction violations of: (i) Title 23, Wildlife Resources Code of Utah; (ii) Title 41, Chapter 1a, Motor Vehicle Act; (iii) Title 41, Chapter 6a, Traffic Code; (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act; (v) Title 41, Chapter 22, Off-Highway Vehicles; (vi) Title 73, Chapter 18, State Boating Act; (vii) Title 73, Chapter 18a, Boating--Litter and Pollution Control; (viii) Title 73, Chapter 18b, Water Safety; and (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators Act.
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Utah Utah Code Ann. § 78A-5-102 Jurisdiction--Appeals
The district court has original jurisdiction in all matters civil and criminal, not excepted in the Utah Constitution and not prohibited by law. . . the district court has jurisdiction
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over matters of lawyer discipline consistent with the rules of the Supreme Court. The district court has jurisdiction over all matters properly filed in the circuit court prior to July 1, 1996. The district court has appellate jurisdiction over judgments and orders of the justice court as outlined in Section 78A-7-118 and small claims appeals filed pursuant to Section 78A-8-106. . . . Notwithstanding Subsection (1), the district court has subject matter jurisdiction in class B misdemeanors, class C misdemeanors, infractions, and violations of ordinances only if: (a) there is no justice court with territorial jurisdiction; (b) the offense occurred within the boundaries of the municipality in which the district courthouse is located and that municipality has not formed, or has not formed and then dissolved, a justice court; or (c) they are included in an indictment or information covering a single criminal episode alleging the commission of a felony or a class A misdemeanor.
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Utah Utah Code Ann. § 78A-5-201  Creation and expansion of existing drug court programs
(1) There may be created a drug court program in any judicial district that demonstrates: (a) the need for a drug court program; and (b) the existence of a collaborative
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strategy between the court, prosecutors, defense counsel, corrections, and substance abuse treatment services to reduce substance abuse by offenders.
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