In the following cases, the costs of an appeal are in the discretion of the court:
1. When a new trial is ordered; or 2. When a judgment is affirmed in part and reversed in part.
N.D. Cent. Code § 28-26-11
Costs of appeal - When discretionary
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.