N.D. Cent. Code § 32-05-01 When preventive relief given
32-05-01. When preventive relief given
Preventive relief may be given in the cases specified in this chapter and in no other cases.
N.D. Cent. Code ch. 32-05
N.D. Cent. Code ch. 32-05
in effectN.D. Cent. Code § 32-05-02 Preventive relief not given to enforce penal law
32-05-02. Preventive relief not given to enforce penal law
Preventive relief cannot be granted to enforce a penal law, except in a case of nuisance, nor
to enforce a penalty or forfeiture in any case.
N.D. Cent. Code § 32-05-03 How preventive relief given
32-05-03. How preventive relief given
Preventive relief consists in prohibiting a party from doing that which ought not to be done. It
is granted by injunction, temporary or final.
N.D. Cent. Code § 32-05-04 When final injunction granted
32-05-04. When final injunction granted
Except when otherwise provided by this chapter, a final injunction may be granted to
prevent the breach of an obligation existing in favor of the applicant:
1. When pecuniary compensation would not afford adequate relief;
2. When it would be extremely difficult to ascertain the amount of compensation which
would afford adequate relief;
3. When the restraint is necessary to prevent a multiplicity of judicial proceedings; or
4. When the obligation arises from a trust.
N.D. Cent. Code § 32-05-05 When injunction not granted
32-05-05. When injunction not granted
An injunction cannot be granted:
1. To stay a judicial proceeding pending at the commencement of the action in which the
injunction is demanded, unless such restraint is necessary to prevent a multiplicity of
such proceedings.
2. To stay proceedings in a court of the United States.
3. To stay proceedings in any other state upon a judgment of a court of that state.
4. To prevent the execution of a public statute by officers of the law for the public benefit.
5. To prevent the breach of a contract, the performance of which could not be specifically
enforced.
6. To prevent the exercise of a public or private office in a lawful manner by the person in
possession.
7. To prevent a legislative act by a municipal corporation.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c05.pdfFetched: 10/16/2026