# N.D. Cent. Code § 32-17-10: 32-17-10. Trial - Findings - Possession - Costs

> North Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-10

## Section

- **Citation:** N.D. Cent. Code § 32-17-10
- **Heading:** 32-17-10. Trial - Findings - Possession - Costs
- **Jurisdiction:** North Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ND Code / Title 32 / Chapter 32-17 / Section 32-17-10

## Text

32-17-10. Trial - Findings - Possession - Costs

The plaintiff or any defendant who has answered may bring the case on for trial as other

civil actions are brought on for trial. A defendant interposing a counterclaim for purposes of trial

shall be deemed plaintiff, and the plaintiff and codefendants against whom relief is sought shall

be deemed defendants as to the counterclaiming defendant. The court in its decision shall find

the nature and extent of the claim asserted by the various parties, and shall determine the

validity, superiority, and priority of the same. Any defendant in default for want of an answer, or

not appearing at the trial, or a plaintiff not appearing at the trial, shall be adjudged to have no

estate or interest in, or lien or encumbrance upon, the property, and such defendant also shall

be adjudged to pay the amount demanded against such defendant in any counterclaim or reply

for the use and occupation of the premises, property removed therefrom, and waste committed,

except in the case of a defendant served by publication and not appearing. If any counterclaim

for improvements has been urged against one recovering property, the value of such

improvements thereof and the value of the land aside from the improvements shall be

specifically found. There likewise shall be findings on all other counterclaims urged at the trial. If

possession of the premises is demanded by the plaintiff or by any defendant asking for

affirmative relief, such possession shall be awarded to the party asking for possession who has

the paramount claim to the property, and such party thereupon may have a writ for possession

as against all other parties to the action. Costs shall be awarded to the prevailing parties against

each adversary in the action by the court, except that no costs shall be allowed against a

defendant not appearing.

## Nearby sections

- [N.D. Cent. Code § 32-17-01 32-17-01. Action to determine adverse claims](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-01.md)
- [N.D. Cent. Code § 32-17-02 32-17-02. Use and occupation - Waste - Pleading - Possession](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-02.md)
- [N.D. Cent. Code § 32-17-03 32-17-03. Joinder of plaintiffs](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-03.md)
- [N.D. Cent. Code § 32-17-04 32-17-04. Complaint form - Description of property](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-04.md)
- [N.D. Cent. Code § 32-17-05 32-17-05. Joinder of defendants](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-05.md)
- [N.D. Cent. Code § 32-17-06 32-17-06. Who joined as unknown persons](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-06.md)
- [N.D. Cent. Code § 32-17-07 32-17-07. Service on unknown defendants - How made - Affidavit for publication](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-07.md)
- [N.D. Cent. Code § 32-17-08 32-17-08. Answer - Counterclaim](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-08.md)
- [N.D. Cent. Code § 32-17-09 32-17-09. Reply - What it may contain - Relief](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-09.md)
- [N.D. Cent. Code § 32-17-10 32-17-10. Trial - Findings - Possession - Costs](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-10.md)
- [N.D. Cent. Code § 32-17-11 32-17-11. Judgment - When right fails after action brought](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-11.md)
- [N.D. Cent. Code § 32-17-12 32-17-12. Adjustment of cross judgments](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-12.md)
- [N.D. Cent. Code § 32-17-13 32-17-13. When defendant permitted to defend](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-13.md)
- [N.D. Cent. Code § 32-17-14 32-17-14. Both parties have right of entry](https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ND_T32_C32-17_S32-17-10. Check the current official text before relying on it. Not legal advice.