If the officer or other person whose duty it is to make a return dies, absconds, or moves from the state, or becomes insane after the writ is issued and before making a return, or after making an insufficient return, and it appears that there is no other officer or person from whom a sufficient return can be procured by means of a new writ, the court in its discretion may permit affidavits or other written proofs relative to the matters not sufficiently returned to be produced and may hear the case accordingly. The court also in its discretion may permit either party to produce affidavits or other written proofs relative to any alleged error of fact or any other question of fact which is essential to the jurisdiction of the body or officer to make the determination to be reviewed, when the facts in relation thereto are not stated sufficiently in the return and the court is satisfied that they cannot be made to appear by means of an order for a further return.

Terms Used In North Dakota Code 32-33-07

  • 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.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • 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
  • Writ: means an order or precept in writing, issued in the name of the state or of a court or judicial officer. See North Dakota Code 1-01-49
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37