North Dakota Code 21-02.1-05 – Powers of court upon trial – Amendment of petition
At the time and place for the hearing, the court shall find and determine whether the notice of the filing of the petition has been published. When the court has determined that it has jurisdiction to hear the petition, it shall proceed with the hearing and shall conduct the hearing as in the case of a trial of a civil action without a jury. The court shall examine into and determine the legality and validity of the proceedings and all matters affecting the legality or validity of proceedings for the issuance or payment of the evidence of indebtedness. The court shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties to the hearing. The court shall permit the petition to be amended so as to conform to the evidence and facts presented at the hearing.
Terms Used In North Dakota Code 21-02.1-05
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.