In a civil action prosecuted in the name of the state by an officer duly authorized for that purpose, the state is liable for the costs in the same cases and to the same extent as a private party. If a private person is joined with the state as plaintiff, that person is liable in the first     instance for the defendant‘s costs, which may not be recovered of the state until after execution is issued therefor against such private party and returned unsatisfied.

Terms Used In North Dakota Code 28-26-22

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49