North Dakota Agreed Judgment

State:
Multi-State
Control #:
US-00838
Format:
Word; 
Rich Text
Instant download

Description

This is an Agreed Judgment. This is used after a Petition for Forfeiture has been filed and the parties have agreed to a cash settlement. The Sheriff's office agrees to pay a certain amount to the Defendant's attorney, while the rest is retained by the Sheriff's office. This form is applicable in all states.
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FAQ

Unless this rule provides otherwise, the defendant must be present at: (1) the initial appearance, the arraignment, and the plea; (2) every trial stage, including jury impanelment and the return of the verdict; and. (3) sentencing. Presence by interactive television is presence for the purposes of this rule.

NORTH DAKOTA A judgment is a lien on all real property for a period of ten years.

(a) Offer of Settlement. If within 10 days after the service of the offer, the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment upon order of the court.

As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.

In a non-felony case, if the defendant pleads guilty without appearing in court, a written form must be used advising the defendant of his or her constitutional rights and creating a record showing that the plea was made voluntarily, knowingly, and understandingly.

Costs and disbursements must be allowed as provided by statute. (A) A party awarded costs and disbursements must serve and file a detailed, verified statement of costs and disbursements within 30 days after entry of an order for judgment.

Rule 68 provides that the defendant may serve on plaintiff an offer of judgment at any point up to fourteen days before trial. In the offer, the defendant must state that it will allow a judgment to be taken against it for a specific sum of money or on other specific terms, along with costs then accrued.

(a) Offer of Settlement. If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment on order of the court. (2) Unaccepted Offer.

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North Dakota Agreed Judgment