North Dakota Code 28-26-11 – Costs of appeal – When discretionary
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In the following cases, the costs of an appeal are in the discretion of the court:
Terms Used In North Dakota Code 28-26-11
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. When a new trial is ordered; or
2. When a judgment is affirmed in part and reversed in part.