Trial of special answer
N.D. Cent. Code § 32-20-04.2
in effect32-20-04.2. Trial of special answer
In making its determination of the issue raised by the special answer, the court shall
consider any undue hardship on the defendant that would result from an issuance of the
warrant. If the court finds for the defendant, the judge shall tax the defendant's costs of such
trial, and shall enter an order dismissing the warrant or that the property attached be delivered
to the defendant; and the jury or the court shall, on the trial of the action or thereafter, assess
the damages sustained by the defendant by reason of the taking and detention or sale of the
property attached or by reason of any injury thereto. The same, together with the costs so
taxed, must be a setoff to the plaintiff's demand, and if in excess of it, or the plaintiff fails to
recover, the defendant shall have judgment for the amount due. If the court on the trial of such
special issue finds for the plaintiff, the judge shall tax the plaintiff's costs of such trial, and the
amount so taxed must, if the plaintiff recovers, be taxed by the clerk as disbursement in the
action. If the defendant or the defendant's assignee recovers judgment in the action, said costs
and the judgment must be offset.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c20.pdf#nameddest=32-20-04p2Fetched: 10/16/2026