Detailed Answer

Short answer: sometimes — but not always. In North Dakota, parties can often submit a written agreement (a proposed consent order or consent judgment) for a judge to sign without an in‑court hearing. Whether a judge will sign that consent order and permit distribution of sale proceeds without a hearing depends on the type of case, whether any statute or rule requires a hearing or notice, and whether the court believes the agreement is lawful and fair.

What a “consent order” is

A consent order is a court document that records the parties’ agreed resolution and asks the judge to enter that agreement as an order or judgment. Once signed by the judge, it is an enforceable court order just like an order issued after a contested hearing.

When courts will usually accept a consent order without a hearing

• Uncontested civil matters where both parties are represented (or both explicitly agree). Courts commonly sign consent orders resolving money disputes, property division in lawsuits, or settlement terms if no third‑party rights are affected and the order is lawful.
• Where applicable rules or local practice allow submission of proposed orders without an oral hearing and all notice requirements have been satisfied.

When a hearing or additional requirements are likely required

• Matters where the law specifically requires a hearing or public notice before sale confirmation or distribution (for example, probate sales of estate property, guardian/conservator matters, or some foreclosure or partition procedures). In those contexts the statute or court rule may require publication, creditor notice, or a confirmation hearing.
• Situations involving non‑party creditors, lienholders, minors, incapacitated persons, or other third parties whose rights might be affected. Courts are cautious about approving distributions that could impair the rights of absent parties without giving them notice and an opportunity to be heard.
• Where the judge has concerns about fairness, fraud, or whether the agreement complies with controlling law. Judges will not enter an order that violates statutory protections or public policy even if both parties agree.

How this works in a typical hypothetical

Hypothetical: Two co‑owners sell a house during a pending civil case and agree how to split the sale proceeds. They prepare a proposed consent order that: (1) recites the sale and net proceeds, (2) identifies liens and how lien payoffs will be handled, and (3) asks the court to enter the agreement and direct the clerk or sheriff to distribute the funds accordingly. If no statute requires a hearing, no creditors or third parties will be affected, and the judge finds the proposal reasonable, the judge may sign the consent order without a hearing and authorize the distribution.

Practical steps to attempt bypassing a hearing by consent

1. Confirm whether any statute or court rule requires a hearing or notice for the particular type of sale or distribution. The North Dakota Century Code and court rules govern matters like probate, foreclosure, and guardianship. See the North Dakota Century Code: https://www.legis.nd.gov/cencode, and North Dakota court rules: https://www.ndcourts.gov/legal-resources/court-rules.
2. Prepare a clear, signed agreement listing amounts, payees, lien payoffs, costs, and the exact distribution instructions. Attach supporting documents (sale closing statement, lien releases, payoff figures).
3. File the proposed consent order with the court and indicate that the parties request entry without a hearing. Include a short cover letter or motion explaining why no hearing is necessary and certify that all parties join the request and that required notice (if any) was given.
4. If third‑party rights exist, serve notice or obtain releases from lienholders/creditors before asking the court to dispense with a hearing.
5. Be prepared for the judge to ask for additional information, require a hearing, or refuse to enter the order if statutory protections or public interest concerns apply.

Enforcement and finality

Once the judge signs a consent order, it is a court order that can be enforced like any other judgment. If distribution is made under that order, parties should keep full records. If someone later challenges the order (for example, a creditor says it lacked notice), a court may have to decide whether the prior entry was valid.

Key North Dakota considerations

• North Dakota courts have discretion to accept consent orders but cannot override statutory requirements that mandate hearings or notice for protection of third‑party rights.
• Probate, guardianship, or similar statutory schemes often include mandatory procedures; if you are dealing with an estate or a fiduciary sale, check the specific North Dakota statutes that govern that procedure before assuming a hearing can be skipped. See the North Dakota Century Code for relevant titles: https://www.legis.nd.gov/cencode.

Bottom line: A consent order can be used to avoid an in‑court hearing and direct distribution of sale proceeds in North Dakota when no statute or affected third party requires a hearing and the court finds the agreement lawful and fair. If any required notice, statutory protection, or third‑party right exists, a hearing or additional steps are likely needed.

Disclaimer: This article is educational only and is not legal advice. Consult a licensed North Dakota attorney to apply these ideas to your situation.

Helpful Hints

• Always check whether the type of sale is governed by a specific statute (probate, foreclosure, guardianship, partition). Use the North Dakota Century Code (https://www.legis.nd.gov/cencode) to find the relevant chapters.
• If creditors, lienholders, minors, or incapacitated persons may be affected, obtain releases or follow statutory notice procedures before asking the court to skip a hearing.
• Draft the consent order with precise language: identify the funds, list deductions and payees, and direct the clerk or custodian how and when to disburse funds.
• Attach supporting documents (closing statements, payoff letters, lien releases) to reduce the chance the judge will require a hearing for clarification.
• File a short cover motion asking entry without a hearing and include a certificate that all parties join the request. Local court rules may allow submission of orders without oral argument—check the North Dakota court rules: https://www.ndcourts.gov/legal-resources/court-rules.
• Keep careful records of distributions made under the consent order; they may be needed if a later dispute arises.
• When in doubt, consult a North Dakota attorney experienced in the relevant area (probate, real estate, family law, or collections) before proceeding.