After final judgment has been rendered in an action in which surety for costs has been given as required by this chapter, the court, on motion of the defendant, or any other person having a right to such costs or any part thereof, after ten days’ notice of such motion, may enter judgment in the name of the defendant or the defendant’s legal representatives against the surety for costs, or against the defendant’s executors or administrators, for the amount of the costs adjudged against the plaintiff, or so much thereof as may be unpaid. Execution may be issued on such judgment as in other cases for the use and benefit of the person entitled to such costs.

Terms Used In North Dakota Code 28-26-30

  • 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.