North Dakota Code § 28-26-23

Action in name of state - Costs charged against party in interest
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In an action prosecuted in the name of the state for the recovery of money or property, or to 
establish a right or claim for the benefit of any corporation, limited liability company, or person, 
costs awarded against the party plaintiff must be charged against the party for whose benefit the 
action was prosecuted and not against the state.

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