Oral disclosure - Supplemental complaint
N.D. Cent. Code § 32-09.1-12
in effect32-09.1-12. Oral disclosure - Supplemental complaint
Either before or after written disclosure, any party to the garnishment proceedings may
obtain an ex parte order requiring oral disclosure. The order may be obtained upon affidavit
showing, upon information and belief, facts justifying the order, and the court shall require the
garnishee to appear for oral examination before the court. If the garnishee holds the garnished
property by a title that is void as to the defendant's creditors, the garnishee may be charged for
the property although the defendant could not have maintained an action against the garnishee
for it; but in this, and in all other cases in which the garnishee denies liability, the plaintiff may
move the court at any time before the garnishee is discharged, on notice to both the defendant
and the garnishee, for leave to file a supplemental complaint making the garnishee a party to
the action, and setting forth the facts upon which the plaintiff claims to charge the garnishee. If
probable cause is shown, the motion shall be granted. The supplemental complaint must be
served upon both defendant and garnishee, either or both of whom may answer, and the plaintiff
may reply. The issues must be brought to trial and tried as in other actions.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c09-1.pdf#nameddest=32-09p1-12Fetched: 10/16/2026