In Bell v. State, 1998 ND 35, 575 N.W.2d 211, the clerk's office failed to promptly forward the application to the State's Attorney's office Id.
The State failed to respond within the statutorily prescribed thirty days and failed to timely respond to an extension granted by the court. Id.
Bell moved for default judgment, which the trial court denied. Id.
Bell asserted he was prejudiced by this delay because he remained incarcerated. Id.
The Court found that because Bell's claim failed on the merits, he could not claim prejudice. Id.