N.D. Cent. Code § 32-08.1-22 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-22
32-08.1-22. Action by sheriff - Who to prosecute
Status: in_force

32-08.1-22. Action by sheriff - Who to prosecute

The actions herein authorized to be brought by the sheriff or officer may be prosecuted by

the plaintiff or under the plaintiff's direction, upon the delivery by the plaintiff to the sheriff or

officer of an undertaking, with two sufficient sureties, to the effect that the plaintiff will indemnify

the sheriff or officer for all damages, costs, and expenses thereon not exceeding five hundred

dollars in any one action. Such sureties shall, when required by the sheriff or officer, justify by

making an affidavit that each is worth double the amount of the penalty named in the

undertaking over and above all debts and exemptions.
N.D. Cent. Code § 32-29.4-06 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-06
32-29.4-06. Motion for judicial relief
Status: in_force

32-29.4-06. Motion for judicial relief

1. A motion for judicial relief under this chapter must be made to the court in which a

proceeding is pending involving a family law dispute subject to arbitration or, if no

proceeding is pending, a court with jurisdiction over the parties and the subject matter.

2. On motion of a party, the court may compel arbitration if the parties have entered an

arbitration agreement that complies with section 32-29.4-04 unless the court

determines under section 32-29.4-11 the arbitration should not proceed.

3. On motion of a party, the court shall terminate arbitration if it determines:

a. The agreement to arbitrate is unenforceable;

b. The family law dispute is not subject to arbitration; or

c. Under section 32-29.4-11, the arbitration should not proceed.

4. Unless prohibited by an arbitration agreement, on motion of a party, the court may

order consolidation of separate arbitrations involving the same parties and a common

issue of law or fact if necessary for the fair and expeditious resolution of the family law

dispute.
N.D. Cent. Code § 32-12.2-02 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-02
32-12.2-02. Liability of the state - Limitations - Statute of limitations (Effective through June 30, 2026)
Status: in_force

32-12.2-02. Liability of the state - Limitations - Statute of limitations. (Effective

through June 30, 2026)

1. The state may only be held liable for money damages for an injury proximately caused

by the negligence or wrongful act or omission of a state employee acting within the

employee's scope of employment under circumstances in which the employee would

be personally liable to a claimant in accordance with the laws of this state, or an injury

caused from some condition or use of tangible property under circumstances in which

the state, if a private person, would be liable to the claimant. No claim may be brought

against the state or a state employee acting within the employee's scope of

employment except a claim authorized under this chapter or otherwise authorized by

the legislative assembly. The enactment of a law, rule, or regulation to protect any

person's health, safety, property, or welfare does not create a duty of care on the part

of the state, its employees, or its agents, if that duty would not otherwise exist.

2. The liability of the state under this chapter is limited to a total of four hundred

sixty-eight thousand seven hundred fifty dollars per person and one million eight

hundred seventy-five thousand dollars for any number of claims arising from any

single occurrence. The state may not be held liable, or be ordered to indemnify a state

employee held liable, for punitive or exemplary damages. Any amount of a judgment

against the state in excess of the one million eight hundred seventy-five thousand

dollar limit imposed under this subsection may be paid only if the legislative assembly

adopts an appropriation authorizing payment of all or a portion of that amount. A

claimant may present proof of the judgment to the director of the office of management

and budget who shall include within the proposed budget for the office of management

and budget a request for payment for the portion of the judgment in excess of the limit

under this section at the next regular session of the legislative assembly after the

judgment is rendered.

3. Neither the state nor a state employee may be held liable under this chapter for any of

the following claims:

a. A claim based upon an act or omission of a state employee exercising due care in

the execution of a valid or invalid statute or rule.

b. A claim based upon a decision to exercise or perform or a failure to exercise or

perform a discretionary function or duty on the part of the state or its employees,

regardless of whether the discretion involved is abused or whether the statute,

order, rule, or resolution under which the discretionary function or duty is

performed is valid or invalid. Discretionary acts include acts, errors, or omissions

in the design of any public project but do not include the drafting of plans and

specifications that are provided to a contractor to construct a public project.

c. A claim resulting from the decision to undertake or the refusal to undertake any

legislative or quasi-legislative act, including the decision to adopt or the refusal to

adopt any statute, order, rule, or resolution.

d. A claim resulting from a decision to undertake or a refusal to undertake any

judicial or quasi-judicial act, including a decision to grant, to grant with conditions,

to refuse to grant, or to revoke any license, permit, order, or other administrative

approval or denial.

e. A claim relating to injury directly or indirectly caused by a person who is not

employed by the state.

f. A claim relating to injury directly or indirectly caused by the performance or

nonperformance of a public duty, including:

(1) Inspecting, licensing, approving, mitigating, warning, abating, or failing to so

act regarding compliance with or the violation of any law, rule, regulation, or

any condition affecting health or safety.

(2) Enforcing, monitoring, or failing to enforce or monitor conditions of

sentencing, parole, probation, or juvenile supervision.

(3) Providing or failing to provide law enforcement services in the ordinary

course of a state's law enforcement operations.

g. "Public duty" does not include action of the state or a state employee under

circumstances in which a special relationship can be established between the

state and the injured party. A special relationship is demonstrated if all of the

following elements exist:

(1) Direct contact between the state and the injured party.

(2) An assumption by the state, by means of promises or actions, of an

affirmative duty to act on behalf of the party who allegedly was injured.

(3) Knowledge on the part of the state that inaction of the state could lead to

harm.

(4) The injured party's justifiable reliance on the state's affirmative undertaking,

occurrence of the injury while the injured party was under the direct control

of the state, or the state action increases the risk of harm.

h. A claim resulting from the assessment and collection of taxes.

i. A claim resulting from snow or ice conditions, water, or debris on a highway or on

a public sidewalk that does not abut a state-owned building or parking lot, except

when the condition is affirmatively caused by the negligent act of a state

employee.

j. A claim resulting from any injury caused by a wild animal in its natural state.

k. A claim resulting from the condition of unimproved real property owned or leased

by the state.

l. A claim resulting from the loss of benefits or compensation due under a program

of public assistance.

m. A claim resulting from the reasonable care and treatment, or lack of care and

treatment, of a person at a state institution where reasonable use of available

appropriations has been made to provide care.

n. A claim resulting from damage to the property of a patient or inmate of a state

institution.

o. A claim resulting from any injury to a resident or an inmate of a state institution if

the injury is caused by another resident or inmate of that institution.

p. A claim resulting from environmental contamination, except to the extent that

federal environmental law permits the claim.

q. A claim resulting from a natural disaster, an act of God, a military action, or an act

or omission taken as part of a disaster relief effort.

r. A claim for damage to property owned by the state.

s. A claim for liability assumed under contract, except this exclusion does not apply

to liability arising from a state employee's operation of a rental vehicle if the loss

is not covered by the state employee's personal insurance or by the vehicle rental

company.

4. An action brought under this chapter must be commenced within the period provided

in section 28-01-22.1.

5. This chapter does not create or allow any claim that does not exist at common law or

has not otherwise been created by law as of April 22, 1995.

Liability of the state - Limitations - Statute of limitations. (Effective after June 30,

2026)

1. The state may only be held liable for money damages for an injury proximately caused

by the negligence or wrongful act or omission of a state employee acting within the

employee's scope of employment under circumstances in which the employee would

be personally liable to a claimant in accordance with the laws of this state, or an injury

caused from some condition or use of tangible property under circumstances in which

the state, if a private person, would be liable to the claimant. No claim may be brought

against the state or a state employee acting within the employee's scope of

employment except a claim authorized under this chapter or otherwise authorized by

the legislative assembly. The enactment of a law, rule, or regulation to protect any

person's health, safety, property, or welfare does not create a duty of care on the part

of the state, its employees, or its agents, if that duty would not otherwise exist.

2. The liability of the state under this chapter is limited to a total of five hundred thousand

dollars per person and two million dollars for any number of claims arising from any

single occurrence. The state may not be held liable, or be ordered to indemnify a state

employee held liable, for punitive or exemplary damages. Any amount of a judgment

against the state in excess of the two million dollar limit imposed under this subsection

may be paid only if the legislative assembly adopts an appropriation authorizing

payment of all or a portion of that amount. A claimant may present proof of the

judgment to the director of the office of management and budget who shall include

within the proposed budget for the office of management and budget a request for

payment for the portion of the judgment in excess of the limit under this section at the

next regular session of the legislative assembly after the judgment is rendered.

3. Neither the state nor a state employee may be held liable under this chapter for any of

the following claims:

a. A claim based upon an act or omission of a state employee exercising due care in

the execution of a valid or invalid statute or rule.

b. A claim based upon a decision to exercise or perform or a failure to exercise or

perform a discretionary function or duty on the part of the state or its employees,

regardless of whether the discretion involved is abused or whether the statute,

order, rule, or resolution under which the discretionary function or duty is

performed is valid or invalid. Discretionary acts include acts, errors, or omissions

in the design of any public project but do not include the drafting of plans and

specifications that are provided to a contractor to construct a public project.

c. A claim resulting from the decision to undertake or the refusal to undertake any

legislative or quasi-legislative act, including the decision to adopt or the refusal to

adopt any statute, order, rule, or resolution.

d. A claim resulting from a decision to undertake or a refusal to undertake any

judicial or quasi-judicial act, including a decision to grant, to grant with conditions,

to refuse to grant, or to revoke any license, permit, order, or other administrative

approval or denial.

e. A claim relating to injury directly or indirectly caused by a person who is not

employed by the state.

f. A claim relating to injury directly or indirectly caused by the performance or

nonperformance of a public duty, including:

(1) Inspecting, licensing, approving, mitigating, warning, abating, or failing to so

act regarding compliance with or the violation of any law, rule, regulation, or

any condition affecting health or safety.

(2) Enforcing, monitoring, or failing to enforce or monitor conditions of

sentencing, parole, probation, or juvenile supervision.

(3) Providing or failing to provide law enforcement services in the ordinary

course of a state's law enforcement operations.

g. "Public duty" does not include action of the state or a state employee under

circumstances in which a special relationship can be established between the

state and the injured party. A special relationship is demonstrated if all of the

following elements exist:

(1) Direct contact between the state and the injured party.

(2) An assumption by the state, by means of promises or actions, of an

affirmative duty to act on behalf of the party who allegedly was injured.

(3) Knowledge on the part of the state that inaction of the state could lead to

harm.

(4) The injured party's justifiable reliance on the state's affirmative undertaking,

occurrence of the injury while the injured party was under the direct control

of the state, or the state action increases the risk of harm.

h. A claim resulting from the assessment and collection of taxes.

i. A claim resulting from snow or ice conditions, water, or debris on a highway or on

a public sidewalk that does not abut a state-owned building or parking lot, except

when the condition is affirmatively caused by the negligent act of a state

employee.

j. A claim resulting from any injury caused by a wild animal in its natural state.

k. A claim resulting from the condition of unimproved real property owned or leased

by the state.

l. A claim resulting from the loss of benefits or compensation due under a program

of public assistance.

m. A claim resulting from the reasonable care and treatment, or lack of care and

treatment, of a person at a state institution where reasonable use of available

appropriations has been made to provide care.

n. A claim resulting from damage to the property of a patient or inmate of a state

institution.

o. A claim resulting from any injury to a resident or an inmate of a state institution if

the injury is caused by another resident or inmate of that institution.

p. A claim resulting from environmental contamination, except to the extent that

federal environmental law permits the claim.

q. A claim resulting from a natural disaster, an act of God, a military action, or an act

or omission taken as part of a disaster relief effort.

r. A claim for damage to property owned by the state.

s. A claim for liability assumed under contract, except this exclusion does not apply

to liability arising from a state employee's operation of a rental vehicle if the loss

is not covered by the state employee's personal insurance or by the vehicle rental

company.

4. An action brought under this chapter must be commenced within the period provided

in section 28-01-22.1.

5. This chapter does not create or allow any claim that does not exist at common law or

has not otherwise been created by law as of April 22, 1995.
N.D. Cent. Code § 32-22-12 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-12
32-22-12. Party restrained must be brought into court - Exception
Status: in_force

32-22-12. Party restrained must be brought into court - Exception

The person to whom the writ is directed, if it is served, must bring the party in custody or

under restraint, according to the command of the writ, except in cases specified in section

32-22-13.
N.D. Cent. Code § 32-03-51 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-51
32-03-51. Limited liability of owner or operator of railroad
Status: in_force

32-03-51. Limited liability of owner or operator of railroad

An individual who is injured while boarding or attempting to board a moving locomotive or

railroad car, without authority from the owner or operator of the railroad, or who having boarded

a locomotive or railroad car without authority from the owner or operator of the railroad, is

injured while riding or getting off the locomotive or railroad car, may not recover any damages

from the owner or operator of the railroad for that injury unless the injury is proximately caused

by an intentional act of the railroad owner or operator and the railroad owner or operator knew

that serious injury was the probable result of the act, or that the owner or operator of the railroad

acted with wanton and reckless disregard of the probable result of the act. This section does not

exempt a railroad corporation from any liability created under chapter 49-16 or the federal

Employer's Liability Act [45 U.S.C. 51 et seq.] for injuries to its employees or agents.
N.D. Cent. Code § 32-19-03 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-03
32-19-03. Who subject to deficiency judgment
Status: in_force

32-19-03. Who subject to deficiency judgment

The plaintiff may not obtain a deficiency judgment in a foreclosure of residential property

with four or fewer units of up to forty contiguous acres [16.19 hectares] containing a residence

occupied by the owner as a homestead. The plaintiff may obtain a deficiency judgment on

agricultural land of more than forty acres [16.19 hectares] but solely for the difference between

the amount of the debt and the fair market value of the land at the time of commencement of the

action. The plaintiff may obtain a deficiency judgment in all other cases for the difference

between the appraised value, as determined by a licensed appraiser appointed by the court at

the request of the plaintiff, and the amount determined due. The cost of the appraisal is an

allowable cost in the foreclosure action.
N.D. Cent. Code § 32-26-04 — ND Code / Title 32 / Chapter 32-26 / Section 32-26-04
32-26-04. When assignee may act
Status: in_force

32-26-04. When assignee may act

In case of failure of any creditor or public administrator to apply for the appointment of a

receiver as herein provided, the estate may be administered by the assignee appointed in the

assignment, but shall be administered and distributed under the supervision of the district court.
N.D. Cent. Code § 32-19-18 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-18
32-19-18. Redemption
Status: in_force

32-19-18. Redemption

A party in a foreclosure action or the successor of a party may redeem from the foreclosure

sale within sixty days after the sale, except for abandoned property as provided in section

32-19-19 and agricultural land. Agricultural land may be redeemed within three hundred

sixty-five days after the filing of the summons and complaint in the office of the clerk of district

court or the time of the first publication of the notice by advertisement. The final date for

redemption of agricultural land may not be earlier than sixty days after the sheriff's sale. The

owner of the property has a paramount right to redeem upon paying the amount bid at the

sheriff's sale plus interest on that amount at the same rate as the obligation secured by the

mortgage. Persons holding subordinate liens on the property may redeem in the order of priority

as determined by the order of attachment to the property. This redemption has the effect of a

redemption as of the date of deposit, subject to the subsequent payment of any additional

amount, if any, determined to be due as of that date.
N.D. Cent. Code § 32-10.1-06 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-06
32-10.1-06. Disqualification from appointment as receiver - Disclosure of interest
Status: in_force

32-10.1-06. Disqualification from appointment as receiver - Disclosure of interest

1. The court may not appoint a person as receiver unless the person submits a statement

to the court under penalty of perjury that the person is not disqualified.

2. Except as provided under subsection 3, a person is disqualified from appointment as

receiver if the person:

a. Is an affiliate of a party;

b. Has an interest materially adverse to an interest of a party;

c. Has a material financial interest in the outcome of the action, other than

compensation the court may allow the receiver;

d. Has a debtor-creditor relationship with a party; or

e. Holds an equity interest in a party, other than a noncontrolling interest in a

publicly traded company.

3. A person is not disqualified from appointment as receiver because the person:

a. Was appointed receiver or is owed compensation in an unrelated matter involving

a party or was engaged by a party in a matter unrelated to the receivership;

b. Is an individual obligated to a party on a debt that is not in default and was

incurred primarily for personal, family, or household purposes; or

c. Maintains with a party a deposit account as defined under section 41-09-02.

4. A person seeking appointment of a receiver may nominate a person to serve as

receiver, but the court is not bound by the nomination.
N.D. Cent. Code § 32-37-05 — ND Code / Title 32 / Chapter 32-37 / Section 32-37-05
32-37-05. Fees paid by petitioner - Filing copy of judgment
Status: in_force

32-37-05. Fees paid by petitioner - Filing copy of judgment

The petitioner, upon the filing of the petition, must pay to the clerk of the district court a filing

fee as prescribed in subsection 1 of section 27-05.2-03. The cost of the publication of the notice

required by this chapter shall be paid by the petitioner. In the event that said judgment shall

establish the date and place of birth of the petitioner, the clerk of the court shall certify a copy of

such judgment and file the same with the division of vital statistics, department of health and

human services, Bismarck, North Dakota.
N.D. Cent. Code § 32-27-06 — ND Code / Title 32 / Chapter 32-27 / Section 32-27-06
32-27-06. Appeal
Status: in_force

32-27-06. Appeal

The petitioner may appeal to the supreme court from a judgment of the district court

denying the petition for the establishment of citizenship. Notice of such appeal must be served

upon the attorney general and upon the state's attorney of the county of which the petitioner is a

resident. The attorney general or the state's attorney of the county of which the petitioner is a

resident may appeal to the supreme court from a judgment of the district court establishing

citizenship. Notice of such appeal shall be given to the petitioner. An appeal under this section

must be taken within thirty days after the entry of a judgment establishing citizenship or denying

and dismissing the petition for the establishment of citizenship and shall be heard by the

supreme court in the same manner as other appeals from actions tried by the district court

without a jury. If the appeal under this section is taken by the attorney general or state's

attorney, no appeal bond shall be required.
N.D. Cent. Code § 32-12.2-17 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-17
32-12.2-17. Indemnification and insurance requirements in state contracts
Status: in_force

32-12.2-17. Indemnification and insurance requirements in state contracts

1. The director of the office of management and budget shall establish guidelines for

indemnification and insurance provisions in contracts that may be entered by an

executive branch state agency. The director shall consult with representatives of

executive branch state agencies, the insurance industry, and the business community

to establish and revise the guidelines and provisions. The guidelines must establish

procedures for determining the appropriate indemnification and insurance provisions in

contracts.

2. If a contract for services requires a provision for indemnification, the contract must

require the contractor to indemnify the state and its agencies, officers, and employees

for vicarious liability, but may not require indemnification for the contributory

negligence, comparative degree of fault, sole negligence, or intentional misconduct of

the state or its agencies, officers, and employees, unless the director of the office of

management and budget or the director's designee determines a more stringent

indemnification provision is appropriate. If indemnification is required, the contract

must require that the state be endorsed on the contractor's commercial general liability

policy as an additional insured or must require an equivalent form of protection for the

state.

3. This section does not apply to a contract between an executive branch state agency

and another person that is the owner of private property that is being used to

accommodate a state construction project.

4. The failure of the state to comply with subsection 2 does not void any part of a

contract.
N.D. Cent. Code § 32-29.3-05 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-05
32-29.3-05. Application for judicial relief
Status: in_force

32-29.3-05. Application for judicial relief

1. Except as otherwise provided in section 32-29.3-28, an application for judicial relief

under this chapter must be made by motion to the court and heard in the manner

provided by law or rule of court for making and hearing motions.

2. Unless a civil action involving the agreement to arbitrate is pending, notice of an initial

motion to the court under this chapter must be served in the manner provided by law

for the service of a summons in a civil action. Otherwise, notice of the motion must be

given in the manner provided by law or rule of court of serving motions in pending

cases.
N.D. Cent. Code § 32-29.4-24 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-24
32-29.4-24. Immunity of arbitrator
Status: in_force

32-29.4-24. Immunity of arbitrator

1. An arbitrator or arbitration organization acting in that capacity in a family law dispute is

immune from civil liability to the same extent as a judge of a court of this state acting in

a judicial capacity.

2. The immunity provided by this section supplements any immunity under law of this

state other than this chapter.

3. An arbitrator's failure to make a disclosure required by section 32-29.4-08 does not

cause the arbitrator to lose immunity under this section.

4. An arbitrator is not competent to testify, and may not be required to produce records, in

a judicial, administrative, or similar proceeding about a statement, conduct, decision,

or ruling occurring during an arbitration, to the same extent as a judge of a court of this

state acting in a judicial capacity. This section does not apply:

a. To the extent disclosure is necessary to determine a claim by the arbitrator or

arbitration organization against a party to the arbitration; or

b. To a hearing on a motion under subdivision a or b of subsection 1 of section

32-29.4-18 to vacate an award, if there is prima facie evidence a ground for

vacating the award exists.

5. If a person commences a civil action against an arbitrator arising from the services of

the arbitrator or seeks to compel the arbitrator to testify or produce records in violation

of subsection 4 and the court determines the arbitrator is immune from civil liability or

is not competent to testify or required to produce the records, the court shall award the

arbitrator reasonable attorney's fees, costs, and reasonable expenses of litigation.
N.D. Cent. Code § 32-16-19 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-19
32-16-19. Certain estates set off
Status: in_force

32-16-19. Certain estates set off

When a part of the property only is ordered to be sold, if there is an estate for life or years in

an undivided share of the whole property, such estate may be set off in any part of the property

not ordered to be sold.
N.D. Cent. Code § 32-29.3-15 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-15
32-29.3-15. Arbitration process
Status: in_force

32-29.3-15. Arbitration process

1. An arbitrator may conduct an arbitration in such manner as the arbitrator considers

appropriate for a fair and expeditious disposition of the proceeding. The authority

conferred upon the arbitrator includes the power to hold conferences with the parties

to the arbitration proceeding before the hearing and among other matters, determine

the admissibility, relevance, materiality, and weight of any evidence.

2. An arbitrator may decide a request for summary disposition of a claim or particular

issue:

a. If all interested parties agree; or

b. Upon request of one party to the arbitration proceeding if that party gives notice

to all other parties to the proceeding, and the other parties have a reasonable

opportunity to respond.

3. If an arbitrator orders a hearing, the arbitrator shall set a time and place and give

notice of the hearing not less than five days before the hearing begins. Unless a party

to the arbitration proceeding makes an objection to lack or insufficiency of notice not

later than the beginning of the hearing, the party's appearance at the hearing waives

the objection. Upon request of a party to the arbitration proceeding and for good cause

shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing

from time to time as necessary but may not postpone the hearing to a time later than

that fixed by the agreement to arbitrate for making the award unless the parties to the

arbitration proceeding consent to a later date. The arbitrator may hear and decide the

controversy upon the evidence produced although a party who was duly notified of the

arbitration proceeding did not appear. The court, on request, may direct the arbitrator

to conduct the hearing promptly and render a timely decision.

4. At a hearing under subsection 3, a party to the arbitration proceeding has a right to be

heard, to present evidence material to the controversy, and to cross-examine

witnesses appearing at the hearing.

5. If an arbitrator ceases or is unable to act during the arbitration proceeding, a

replacement arbitrator must be appointed in accordance with section 32-29.3-11 to

continue the proceeding and to resolve the controversy.
N.D. Cent. Code § 32-08.1-06 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-06
32-08.1-06. Additional security
Status: in_force

32-08.1-06. Additional security

In case the defendant is not satisfied with the amount specified in the bond or with the

surety the defendant may, upon five days' notice to the plaintiff, apply to a judge for additional

security and such judge may require the plaintiff to give and file another bond, to be approved

by the judge, in such sum as the judge shall deem proper, not exceeding the appraised value of

the property attached. The surety shall justify as provided in section 32-08.1-05, but if there are

more than one surety they may be accepted if they are jointly responsible for the required sum.
N.D. Cent. Code § 32-41-01 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-01
32-41-01. Definitions
Status: in_force

32-41-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Action" means a judicial proceeding or arbitration in which a payment in money may

be awarded or enforced with respect to a foreign-money claim.

2. "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell

foreign money at a spot rate.

3. "Conversion date" means the banking day before the date on which money, in

accordance with this chapter, is:

a. Paid to a claimant in an action or distribution proceeding;

b. Paid to the official designated by law to enforce a judgment or award on behalf of

a claimant; or

c. Used to recoup, set off, or counterclaim in different moneys in an action or

distribution proceeding.

4. "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution

of a fund in which one or more foreign-money claims is asserted and includes an

accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or

rehabilitation of a corporation, limited liability company, or other entity, and the

distribution of an estate, trust, or other fund.

5. "Foreign money" means money other than money of the United States.

6. "Foreign-money claim" means a claim upon an obligation to pay, or a claim for

recovery of a loss, expressed in or measured by a foreign money.

7. "Money" means a medium of exchange for the payment of obligations or a store of

value authorized or adopted by a government or by intergovernmental agreement.

8. "Money of the claim" means the money determined as proper pursuant to section

32-41-04.

9. "Rate of exchange" means the rate at which money of one country may be converted

into money of another country in a free financial market convenient to or reasonably

usable by a person obligated to pay or to state a rate of conversion. If separate rates

of exchange apply to different kinds of transactions, the term means the rate

applicable to the particular transaction giving rise to the foreign-money claim.

10. "Spot rate" means the rate of exchange at which foreign money is sold by a bank or

other dealer in foreign exchange for immediate or next day availability or for settlement

by immediate payment in cash or equivalent, by charge to an account, or by an agreed

delayed settlement not exceeding two days.

11. "State" means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, or a territory or insular possession subject to the

jurisdiction of the United States.
N.D. Cent. Code § 32-49-02 — ND Code / Title 32 / Chapter 32-49 / Section 32-49-02
32-49-02. Civil action - Definitions
Status: in_force

32-49-02. Civil action - Definitions

1. As used in this section:

a. "Harm" includes physical harm, economic harm, and emotional distress whether

or not accompanied by physical or economic harm.

b. "Private" means:

(1) Created or obtained under circumstances in which a depicted individual had

a reasonable expectation of privacy; or

(2) Made accessible through theft of property, bribery, coercion, sexual

extortion, fraud, false pretenses, voyeurism, or exceeding authorized access

to an account, message, file, device, resource, or property.

2. Except as otherwise provided under section 32-49-03, a depicted individual who is

identifiable and who suffers harm from a person's intentional disclosure or threatened

disclosure of an intimate image that was private without the depicted individual's

consent has a cause of action against the person if the person knew or acted with

reckless disregard for whether the:

a. Depicted individual did not consent to the disclosure;

b. Intimate image was private; and

c. Depicted individual was identifiable.

3. The following conduct by a depicted individual does not establish by itself that the

individual consented to the disclosure of the intimate image which is the subject of an

action under this chapter or the individual lacked a reasonable expectation of privacy:

a. Consent to creation of the image; or

b. Previous consensual disclosure of the image.

4. A depicted individual who does not consent to the sexual conduct or uncovering of the

part of the body depicted in an intimate image of the individual retains a reasonable

expectation of privacy even if the image was created when the individual was in a

public place.
N.D. Cent. Code § 32-12.1-03 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-03
32-12.1-03. Liability of political subdivisions - Limitations (Effective through June 30, 2026)
Status: in_force

32-12.1-03. Liability of political subdivisions - Limitations. (Effective through June 30,

2026)

1. Each political subdivision is liable for money damages for injuries when the injuries are

proximately caused by the negligence or wrongful act or omission of any employee

acting within the scope of the employee's employment or office under circumstances in

which the employee would be personally liable to a claimant in accordance with the

laws of this state, or injury caused from some condition or use of tangible property, real

or personal, under circumstances in which the political subdivision, if a private person,

would be liable to the claimant. The enactment of a law, rule, regulation, or ordinance

to protect any person's health, safety, property, or welfare does not create a duty of

care on the part of the political subdivision, its employees, or its agents, if that duty

would not otherwise exist.

2. The liability of political subdivisions under this chapter is limited to a total of four

hundred sixty-eight thousand seven hundred fifty dollars per person and one million

eight hundred seventy-five thousand dollars for any number of claims arising from any

single occurrence regardless of the number of political subdivisions, or employees of

such political subdivisions, which are involved in that occurrence. A political

subdivision may not be held liable, or be ordered to indemnify an employee held liable,

for punitive or exemplary damages.

3. A political subdivision or a political subdivision employee may not be held liable under

this chapter for any of the following claims:

a. A claim based upon an act or omission of a political subdivision employee

exercising due care in the execution of a valid or invalid statute or regulation.

b. The decision to undertake or the refusal to undertake any legislative or

quasi-legislative act, including the decision to adopt or the refusal to adopt any

statute, charter, ordinance, order, regulation, resolution, or resolve.

c. The decision to undertake or the refusal to undertake any judicial or quasi-judicial

act, including the decision to grant, to grant with conditions, to refuse to grant, or

to revoke any license, permit, order, or other administrative approval or denial.

d. The decision to perform or the refusal to exercise or perform a discretionary

function or duty, whether or not such discretion is abused and whether or not the

statute, charter, ordinance, order, resolution, regulation, or resolve under which

the discretionary function or duty is performed is valid or invalid.

e. Injury directly or indirectly caused by a person who is not employed by the

political subdivision.

f. A claim relating to injury directly or indirectly caused by the performance or

nonperformance of a public duty, including:

(1) Inspecting, licensing, approving, mitigating, warning, abating, or failing to so

act regarding compliance with or the violation of any law, rule, regulation, or

any condition affecting health or safety.

(2) Enforcing, monitoring, or failing to enforce or monitor conditions of

sentencing, parole, probation, or juvenile supervision.

(3) Providing or failing to provide law enforcement services in the ordinary

course of a political subdivision's law enforcement operations.

(4) Providing or failing to provide fire protection services in the ordinary course

of a political subdivision's fire protection operations.

g. "Public duty" does not include action of the political subdivision or a political

subdivision employee under circumstances in which a special relationship can be

established between the political subdivision and the injured party. A special

relationship is demonstrated if all of the following elements exist:

(1) Direct contact between the political subdivision and the injured party.

(2) An assumption by the political subdivision, by means of promises or actions,

of an affirmative duty to act on behalf of the party who allegedly was injured.

(3) Knowledge on the part of the political subdivision that inaction of the political

subdivision could lead to harm.

(4) The injured party's justifiable reliance on the political subdivision's

affirmative undertaking, occurrence of the injury while the injured party was

under the direct control of the political subdivision, or the political subdivision

action increases the risk of harm.

4. This chapter does not obligate political subdivisions for an amount that is more than

the limitations upon liability imposed by this chapter. Subject to this chapter, any

payments to persons constitute payment in full of any compromised claim or judgment

or any final judgment under this chapter.

5. Notwithstanding this chapter, a political subdivision or its insurance carrier is not liable

for any claim arising out of the conduct of a ridesharing arrangement, as defined in

section 8-02-07.

6. A political subdivision is not liable for any claim based on an act or omission in the

designation, repair, operation, or maintenance of a minimum maintenance road if that

designation has been made in accordance with sections 24-07-35 through 24-07-37

and if the road has been maintained at a level to serve occasional and intermittent

traffic.

7. Any party to an action against a political subdivision or a political subdivision employee

acting within the scope of employment as defined in this chapter shall comply with

applicable rules of civil procedure when requesting documents or other information in

the possession or control of the political subdivision.

Liability of political subdivisions - Limitations. (Effective after June 30, 2026)

1. Each political subdivision is liable for money damages for injuries when the injuries are

proximately caused by the negligence or wrongful act or omission of any employee

acting within the scope of the employee's employment or office under circumstances in

which the employee would be personally liable to a claimant in accordance with the

laws of this state, or injury caused from some condition or use of tangible property, real

or personal, under circumstances in which the political subdivision, if a private person,

would be liable to the claimant. The enactment of a law, rule, regulation, or ordinance

to protect any person's health, safety, property, or welfare does not create a duty of

care on the part of the political subdivision, its employees, or its agents, if that duty

would not otherwise exist.

2. The liability of political subdivisions under this chapter is limited to a total of five

hundred thousand dollars per person and two million dollars for any number of claims

arising from any single occurrence regardless of the number of political subdivisions,

or employees of such political subdivisions, which are involved in that occurrence. A

political subdivision may not be held liable, or be ordered to indemnify an employee

held liable, for punitive or exemplary damages.

3. A political subdivision or a political subdivision employee may not be held liable under

this chapter for any of the following claims:

a. A claim based upon an act or omission of a political subdivision employee

exercising due care in the execution of a valid or invalid statute or regulation.

b. The decision to undertake or the refusal to undertake any legislative or

quasi-legislative act, including the decision to adopt or the refusal to adopt any

statute, charter, ordinance, order, regulation, resolution, or resolve.

c. The decision to undertake or the refusal to undertake any judicial or quasi-judicial

act, including the decision to grant, to grant with conditions, to refuse to grant, or

to revoke any license, permit, order, or other administrative approval or denial.

d. The decision to perform or the refusal to exercise or perform a discretionary

function or duty, whether or not such discretion is abused and whether or not the

statute, charter, ordinance, order, resolution, regulation, or resolve under which

the discretionary function or duty is performed is valid or invalid.

e. Injury directly or indirectly caused by a person who is not employed by the

political subdivision.

f. A claim relating to injury directly or indirectly caused by the performance or

nonperformance of a public duty, including:

(1) Inspecting, licensing, approving, mitigating, warning, abating, or failing to so

act regarding compliance with or the violation of any law, rule, regulation, or

any condition affecting health or safety.

(2) Enforcing, monitoring, or failing to enforce or monitor conditions of

sentencing, parole, probation, or juvenile supervision.

(3) Providing or failing to provide law enforcement services in the ordinary

course of a political subdivision's law enforcement operations.

(4) Providing or failing to provide fire protection services in the ordinary course

of a political subdivision's fire protection operations.

g. "Public duty" does not include action of the political subdivision or a political

subdivision employee under circumstances in which a special relationship can be

established between the political subdivision and the injured party. A special

relationship is demonstrated if all of the following elements exist:

(1) Direct contact between the political subdivision and the injured party.

(2) An assumption by the political subdivision, by means of promises or actions,

of an affirmative duty to act on behalf of the party who allegedly was injured.

(3) Knowledge on the part of the political subdivision that inaction of the political

subdivision could lead to harm.

(4) The injured party's justifiable reliance on the political subdivision's

affirmative undertaking, occurrence of the injury while the injured party was

under the direct control of the political subdivision, or the political subdivision

action increases the risk of harm.

4. This chapter does not obligate political subdivisions for an amount that is more than

the limitations upon liability imposed by this chapter. Subject to this chapter, any

payments to persons constitute payment in full of any compromised claim or judgment

or any final judgment under this chapter.

5. Notwithstanding this chapter, a political subdivision or its insurance carrier is not liable

for any claim arising out of the conduct of a ridesharing arrangement, as defined in

section 8-02-07.

6. A political subdivision is not liable for any claim based on an act or omission in the

designation, repair, operation, or maintenance of a minimum maintenance road if that

designation has been made in accordance with sections 24-07-35 through 24-07-37

and if the road has been maintained at a level to serve occasional and intermittent

traffic.

7. Any party to an action against a political subdivision or a political subdivision employee

acting within the scope of employment as defined in this chapter shall comply with

applicable rules of civil procedure when requesting documents or other information in

the possession or control of the political subdivision.
N.D. Cent. Code § 32-17-18 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-18
32-17-18. Mining customs govern mining claims
Status: in_force

32-17-18. Mining customs govern mining claims

In an action respecting a mining claim, proof of the customs, usages, or regulations

established and in force at the bar or diggings embracing such claim must be admitted, and

such customs, usages, or regulations, when not in conflict with the laws of this state and the

United States, must govern the decision of the action.
N.D. Cent. Code § 32-43-07 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-07
32-43-07. Challenges to correction or clarification or to request for correction or clarification
Status: in_force

32-43-07. Challenges to correction or clarification or to request for correction or

clarification.

1. If a defendant in an action governed by this chapter intends to rely on a timely and

sufficient correction or clarification, the defendant's intention to do so, and the

correction or clarification relied upon, must be set forth in a notice served on the

plaintiff within sixty days after service of the summons and complaint or ten days after

the correction or clarification is made, whichever is later. A correction or clarification is

deemed to be timely and sufficient unless the plaintiff challenges its timeliness or

sufficiency within twenty days after the notice is served.

2. If a defendant in an action governed by this chapter intends to challenge the adequacy

or timeliness of a request for correction or clarification, the defendant must set forth

the challenge in a motion to declare the request inadequate or untimely served within

sixty days after service of the summons and complaint. The court shall rule on the

motion at the earliest appropriate time before trial.
N.D. Cent. Code § 32-47-01 — ND Code / Title 32 / Chapter 32-47 / Section 32-47-01
32-47-01. Duty of care to trespasser
Status: in_force

32-47-01. Duty of care to trespasser

A possessor of land, including an owner, lessee, or other occupant, does not owe a duty of

care to a trespasser and is not subject to liability for any injury to a trespasser.
N.D. Cent. Code § 32-03.4-08 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-08
32-03.4-08. Life-contingent payments not to be transferred - Exception
Status: in_force

32-03.4-08. Life-contingent payments not to be transferred - Exception

A transfer of structured settlement payment rights may not extend to any payments that are

life-contingent unless, before the date on which the payee signs the transfer agreement, the

transferee has established and has agreed to maintain procedures reasonably satisfactory to

the annuity issuer and the structured settlement obligor for periodically confirming the payee's

survival and giving the annuity issuer and the structured settlement obligor prompt written notice

in the event of the payee's death.
N.D. Cent. Code § 32-29.3-26 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-26
32-29.3-26. Jurisdiction
Status: in_force

32-29.3-26. Jurisdiction

1. A court of this state having jurisdiction over the controversy and the parties may

enforce an agreement to arbitrate.

2. An agreement to arbitrate providing for arbitration in this state confers exclusive

jurisdiction on the court to enter judgment on an award under this chapter.
N.D. Cent. Code § 32-12.1-07 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-07
32-12.1-07. Authorized insurance
Status: in_force

32-12.1-07. Authorized insurance

1. The insurance authorized by this chapter may be provided by:

a. Self-insurance, which may be funded by appropriations to establish or maintain

reserves for self-insurance purposes.

b. An insurance company authorized to do business in this state which the

commissioner has determined to be responsible and financially sound,

considering the extent of the coverage required.

c. Any combination of the methods of obtaining insurance authorized in subdivisions

a and b.

2. This chapter does not prohibit a political subdivision from uniting with other political

subdivisions in order to purchase liability insurance or to self-insure.
N.D. Cent. Code § 32-08.1-16 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-16
32-08.1-16. Vacation or modification of writ
Status: in_force

32-08.1-16. Vacation or modification of writ

The court may, at any time before the trial of the action or a release of the property under

section 32-08.1-15, vacate or modify the writ of attachment for irregularity or other sufficient

cause, upon five days' notice of motion. The motion therefor may be combined with a motion to

increase the plaintiff's security under section 32-08.1-06.
N.D. Cent. Code § 32-32-05 — ND Code / Title 32 / Chapter 32-32 / Section 32-32-05
32-32-05. Rules of practice
Status: in_force

32-32-05. Rules of practice

Except as otherwise provided in chapters 32-33, 32-34, and 32-35, the provisions of title 28

are applicable to and constitute the rules of practice in the proceedings mentioned in this

chapter.
N.D. Cent. Code § 32-15-02 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-02
32-15-02. Purposes for which exercised
Status: in_force

32-15-02. Purposes for which exercised

Subject to the provisions of this chapter, the right of eminent domain may be exercised in

behalf of the following public uses:

1. All public uses authorized by the government of the United States.

2. Public buildings and grounds for the use of the state and all other public uses

authorized by the legislative assembly of the state.

3. Public buildings and grounds for the use of any county, city, park district, or school

district; canals, aqueducts, flumes, ditches, or pipes for conducting water for the use of

the inhabitants of any county or city, or for draining any county or city; raising the

banks of streams, removing obstructions therefrom, and widening, deepening, or

straightening their channels; roads, streets, and alleys, and all other uses for the

benefit of any county, city, or park district, or the inhabitants thereof, which may be

authorized by the legislative assembly, but the mode of apportioning and collecting the

costs of such improvement shall be such as may be provided in the statutes by which

the same may be authorized.

4. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and

turnpike roads, railroads and street railways, electric light plants and power

transmission lines and canals, ditches, flumes, aqueducts, and pipes for public

transportation, supplying mines, and irrigating, draining, and reclaiming lands.

5. Roads, tunnels, ditches, flumes, pipes, and dumping places for working mines, outlets,

natural or otherwise, for the flow, deposit, or conduct of the tailings or refuse from

mines and mill dams.

6. Byroads leading from highways to residences and farms.

7. Telegraph and telephone lines.

8. Sewage disposal of any city, or of any settlement consisting of not less than ten

families, or of any public buildings belonging to the state, or of any college or

university.

9. Cemeteries and public parks.

10. Oil, gas, coal, and carbon dioxide pipelines and works and plants for supplying or

conducting gas, oil, coal, carbon dioxide, heat, refrigeration, or power for the use of

any county, city, or the inhabitants thereof, together with lands, buildings, and all other

improvements in or upon which to erect, install, place, maintain, use, or operate

pumps, stations, tanks, and other machinery or apparatus, and buildings, works, and

plants for the purpose of generating, refining, regulating, compressing, transmitting, or

distributing the same, or necessary for the proper development and control of such

gas, oil, coal, carbon dioxide, heat, refrigeration, or power, either at the time of the

taking of said property or for the future proper development and control thereof.

11. Lands sought to be acquired by the state or any duly authorized and designated state

official or board, which lands necessarily must be flooded in widening or raising the

waters of any body or stream of navigable or public water in the state of North Dakota.
N.D. Cent. Code § 32-03-42 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-42
32-03-42. Limited liability for gratuitous health care provided amateur athletes
Status: in_force

32-03-42. Limited liability for gratuitous health care provided amateur athletes

Any person licensed to provide health care services in this state who in good faith

voluntarily provides a health care service without compensation or the expectation of

compensation for amateur athletes, or at an amateur athletic event, is not liable for any

damages resulting from any act or omission in the rendering of that care, including the failure to

arrange for further treatment or care. This section may not be construed to relieve the person of

liability for injury or death of the person receiving the health care service proximately resulting

from the intoxication, willful misconduct, or gross negligence of the person rendering the care.
N.D. Cent. Code § 32-03.1-02.1 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-02.1
32-03.1-02.1. Emergency obstetrical services
Status: in_force

32-03.1-02.1. Emergency obstetrical services

A physician licensed under chapter 43-17 who renders emergency obstetrical care or

assistance to a pregnant female in active labor who has not previously been cared for in

connection with the pregnancy by the physician or by another person professionally associated

with the physician and whose medical records are not reasonably available to the physician is

not liable in any personal injury civil action for acts or omissions resulting from the rendering of

that emergency care or assistance, unless it is plainly alleged in the complaint and later proven

that the physician's acts or omissions constituted intentional misconduct or gross negligence.

The immunity from civil liability provided by this section does not extend to a physician who

renders emergency obstetrical care or assistance with an expectation of remuneration or who

collects a fee for rendering that care or assistance.
N.D. Cent. Code § 32-31-01 — ND Code / Title 32 / Chapter 32-31 / Section 32-31-01
32-31-01. Jurisdiction of district court in foreclosure of tax lien
Status: in_force

32-31-01. Jurisdiction of district court in foreclosure of tax lien

In any case in which the owner of real estate has been given notice of tax lien under

chapter 57-20 for general taxes, for special assessments, for assessments of irrigation districts,

for drain assessments, or for both general taxes and any such special taxes or assessments,

the district court of the proper county shall have jurisdiction in an action in equity brought for that

purpose to foreclose the lien of the delinquent taxes and assessments for which such land was

noticed and to enter judgment foreclosing the same and decreeing that the same shall be sold

under special execution in a manner similar to that prescribed in case of the foreclosure by

action of a mortgage or other lien upon real property.

If in such action it shall appear that the taxes or assessments are invalid or void by reason

of noncompliance with the law, the court shall determine the true and just amount which the

property attempted to be so assessed should pay to make the same uniform with other taxes

and assessments for the same purpose, and judgment must be rendered and given against the

property liable for such taxes or assessments without regard to the proceedings had for the levy

thereof, and such judgment shall be a lien upon the property upon which the taxes or

assessments shall have been levied, of equal force and effect as the lien of the tax or

assessment, and the lien of such judgment shall be enforced by the court in such action.
N.D. Cent. Code § 32-16-39 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-39
32-16-39. Securities - When taken - The name of parties
Status: in_force

32-16-39. Securities - When taken - The name of parties

When security is taken by the referees on a sale, and the parties interested in such security,

by an instrument in writing under their hands delivered to the referees, agree upon the shares

and proportions to which they respectively are entitled, or when shares and proportions

previously have been adjudged by the court, such securities must be taken in the names of and

must be payable to the parties respectively entitled thereto, and must be delivered to such

parties upon their receipts therefor. Such agreement and receipts must be returned and filed

with the clerk.
N.D. Cent. Code § 32-17-15 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-15
32-17-15. Order for entry - Service
Status: in_force

32-17-15. Order for entry - Service

The order for entry must describe the property and a copy thereof must be served on the

owner or occupant, and thereupon such party may enter upon the property with necessary

surveyors and assistants and make such survey and measurement, but if any unnecessary

injury is done to the property such party is liable therefor.
N.D. Cent. Code § 32-29.4-04 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-04
32-29.4-04. Arbitration agreement
Status: in_force

32-29.4-04. Arbitration agreement

1. An arbitration agreement must:

a. Be in a record signed by the parties;

b. Identify the arbitrator, an arbitration organization, or a method of selecting an

arbitrator; and

c. Identify the family law dispute the parties intend to arbitrate.

2. An agreement in a record to arbitrate a family law dispute that arises between the

parties before, at the time, or after the agreement is made is valid and enforceable as

any other contract and irrevocable except on a ground that exists at law or in equity for

the revocation of a contract.

3. If a party objects to arbitration on the ground the arbitration agreement is

unenforceable or the agreement does not include a family law dispute, the court shall

decide whether the agreement is enforceable or includes the family law dispute.
N.D. Cent. Code § 32-32-03 — ND Code / Title 32 / Chapter 32-32 / Section 32-32-03
32-32-03. Judgment in special proceeding defined - Motion and order
Status: in_force

32-32-03. Judgment in special proceeding defined - Motion and order

A judgment in a special proceeding is the final determination of the rights of the parties

therein. The definitions of a motion and an order in a civil action are applicable to similar acts in

a special proceeding.
N.D. Cent. Code § 32-29.4-26 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-26
32-29.4-26. Transitional provision
Status: in_force

32-29.4-26. Transitional provision

This chapter applies to arbitration of a family law dispute under an arbitration agreement

made after July 31, 2019. If an arbitration agreement was made before August 1, 2019, the

parties may agree in a record this chapter applies to the arbitration.
N.D. Cent. Code § 32-16-36 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-36
32-16-36. Record and bar of conveyance
Status: in_force

32-16-36. Record and bar of conveyance

The conveyance must be recorded in the county where the premises are situated, and shall

be a bar against all persons interested in the property in any way who shall have been named

as parties in the action, and against all such parties and persons as were unknown, if the

summons was served by publication, and against all persons claiming under them, or either of

them, and against all persons having unrecorded deeds or liens at the commencement of the

action.
N.D. Cent. Code § 32-03-38 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-38
32-03-38. Nominal damages
Status: in_force

32-03-38. Nominal damages

When a breach of duty has caused no appreciable detriment to the party affected, the party

may recover nominal damages.
N.D. Cent. Code § 32-14-08 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-08
32-14-08. To whom moneys collected paid
Status: in_force

32-14-08. To whom moneys collected paid

All moneys collected on account of any judgment under the provisions of this chapter,

except such as are payable by law to an individual, shall be paid by the officer collecting the

same to the state treasurer, county treasurer, or city auditor entitled thereto, as the case may

be, within twenty days after its collection or receipt by that officer, and in case of any neglect or

failure in such payment the official to whom such money should be paid may sue and collect the

same from such officer by action in the name of the officer's office and upon the official bond of

such officer, if any the officer has given, with interest at the rate of twelve percent per annum

from the time it should have been so paid.
N.D. Cent. Code § 32-17-14 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-14
32-17-14. Both parties have right of entry
Status: in_force

32-17-14. Both parties have right of entry

The court in which an action is pending for the recovery of real property or for damages for

an injury thereto, or a judge thereof, on motion, upon notice by either party, for good cause

shown, may grant an order allowing to such party the right to enter upon the property and make

survey and measurement thereof and of any tunnels, shafts, or drifts thereon for the purpose of

the action, even though entry for such purpose has to be made through other lands belonging to

parties to the action.
N.D. Cent. Code § 32-38-03 — ND Code / Title 32 / Chapter 32-38 / Section 32-38-03
32-38-03. Enforcement
Status: in_force

32-38-03. Enforcement

1. Whether or not judgment has been entered in an action against two or more

tort-feasors for the same injury or wrongful death, contribution may be enforced by

separate action.

2. When a judgment has been entered in an action against two or more tort-feasors for

the same injury or wrongful death, contribution may be enforced in that action by

judgment in favor of one against other judgment defendants by motion upon notice to

all parties to the action.

3. If there is a judgment for the injury or wrongful death against the tort-feasor seeking

contribution, any separate action by that tort-feasor to enforce contribution must be

commenced within one year after the judgment has become final by lapse of time for

appeal or after appellate review.

4. If there is no judgment for the injury or wrongful death against the tort-feasor seeking

contribution, the tort-feasor's right of contribution is barred unless the tort-feasor has

either discharged by payment the common liability within the statute of limitations

period applicable to the claimant's claim for relief against the tort-feasor and has

commenced action for contribution within one year after payment, or agreed while

action is pending against such tort-feasor to discharge the common liability and has

within one year after the agreement paid the liability and commenced action for

contribution.

5. The recovery of a judgment for an injury or wrongful death against one tort-feasor

does not of itself discharge the other tort-feasors from liability for the injury or wrongful

death unless the judgment is satisfied. The satisfaction of the judgment does not

impair any right of contribution.

6. The judgment of the court in determining the liability of the several defendants to the

claimant for an injury or wrongful death shall be binding as among such defendants in

determining their right to contribution.
N.D. Cent. Code § 32-16-44 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-44
32-16-44. Guardian may consent to partition without action
Status: repealed

32-16-44. Guardian may consent to partition without action

Repealed by S.L. 1973, ch. 257, § 82.
N.D. Cent. Code § 32-15-01 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-01
32-15-01. Eminent domain defined - How exercised - Condemnor defined - Exceptions
Status: in_force

32-15-01. Eminent domain defined - How exercised - Condemnor defined -

Exceptions.

1. Eminent domain is the right to take private property for public use.

2. Private property may not be taken or damaged for public use without just

compensation first having been made to or paid into court for the owner. When private

property is taken by a person, no benefit to accrue from the proposed improvement

may be allowed in ascertaining the compensation to be made therefor. Private

property may not be taken for the use of, or ownership by, any private individual or

entity, unless that property is necessary for conducting a common carrier or utility

business. A determination of the compensation must be made by a jury, unless a jury

is waived. The right of eminent domain may be exercised in the manner provided in

this chapter.

3. Notwithstanding any other provision of law, a public use or a public purpose does not

include public benefits of economic development, including an increase in tax base,

tax revenues, employment, or general economic health.

4. For the purpose of this chapter, "condemnor" means a person empowered to take

property under the power of eminent domain.
N.D. Cent. Code § 32-29.4-11 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-11
32-29.4-11. Protection of party or child
Status: in_force

32-29.4-11. Protection of party or child

1. In this section, "protection order" means an injunction or other order, issued under the

domestic violence, family violence, or stalking laws of the issuing jurisdiction, to

prevent an individual from engaging in a violent or threatening act against, harassment

of, contact or communication with, or being in physical proximity to another individual

who is a party or a child under the custodial responsibility of a party.

2. If a party is subject to a protection order or an arbitrator determines there is a

reasonable basis to believe a party's safety or ability to participate effectively in

arbitration is at risk, the arbitrator shall stay the arbitration and refer the parties to

court. The arbitration may not proceed unless the party at risk affirms the arbitration

agreement in a record and the court determines:

a. The affirmation is informed and voluntary;

b. Arbitration is not inconsistent with the protection order; and

c. Reasonable procedures are in place to protect the party from risk of harm,

harassment, or intimidation.

3. An arbitrator may make a temporary award to protect a party or child from harm,

harassment, or intimidation.

4. On motion of a party, the court may stay arbitration and review a determination or

temporary award under this section.

5. This section supplements remedies available under law of this state other than this

chapter for the protection of victims of domestic violence, family violence, stalking,

harassment, or similar abuse.
N.D. Cent. Code § 32-16-25 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-25
32-16-25. Terms of sale fixed by court
Status: in_force

32-16-25. Terms of sale fixed by court

The court, in the order for sale, must direct the terms of credit which may be allowed for the

purchase money of any portion of the real property of which it may direct a sale on credit and for

that portion of which the purchase money is required to be invested for the benefit of unknown

owners, infants, and owners out of the state.
N.D. Cent. Code § 32-12.2-11 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-11
32-12.2-11. Certain records relating to claims against the state or state employees privileged and exempt from open records law
Status: in_force

32-12.2-11. Certain records relating to claims against the state or state employees

privileged and exempt from open records law.

1. The following records in the possession of the office of management and budget or a

public entity are privileged and exempt and are not subject to section 44-04-18 or

section 6 of article XI of the Constitution of North Dakota:

a. Records containing information relating to that portion of the funds or liability

reserves of the risk management fund established for the purpose of satisfying a

specific pending or reasonably predictable claim against the state or a state

employee; and

b. Incident reports, investigation reports, or other risk management fund records of a

pending or reasonably predictable claim against the state or a state employee.

2. The office of management and budget shall make available for public disclosure

records identified in subsection 1 when disclosure of the record will not prejudice any

outstanding claim or reasonably predictable claim against the state or a state

employee, all civil litigation or adversarial administrative proceedings, including the

exhaustion of all appellate remedies, have been completed, and, in the case of

reasonably predictable claims, the applicable statute of limitations has expired.

3. Any party to an action against the state or a state employee acting within the scope of

employment as defined in this chapter shall comply with applicable rules of civil

procedure when requesting documents or other information in the possession or

control of the state.
N.D. Cent. Code § 32-22-21 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-21
32-22-21. Procedure when person not entitled to discharge
Status: in_force

32-22-21. Procedure when person not entitled to discharge

If a party brought before the court on the return of the writ is not entitled to a discharge, and

is not admitted to bail or bailed when allowable, the court must remand the party to custody, or

place the party under the restraint from which the party was taken, if the person under whose

custody or restraint the party was is legally entitled thereto.
N.D. Cent. Code § 32-03-25 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-25
32-03-25. Damages recoverable by lienholder
Status: in_force

32-03-25. Damages recoverable by lienholder

One having a mere lien on personal property cannot recover greater damages for its

conversion from one having a superior right thereto after the lien is discharged than the amount

secured by the lien and the compensation allowed by section 32-03-23 for loss of time and

expenses.
N.D. Cent. Code § 32-17-10 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-10
32-17-10. Trial - Findings - Possession - Costs
Status: in_force

32-17-10. Trial - Findings - Possession - Costs

The plaintiff or any defendant who has answered may bring the case on for trial as other

civil actions are brought on for trial. A defendant interposing a counterclaim for purposes of trial

shall be deemed plaintiff, and the plaintiff and codefendants against whom relief is sought shall

be deemed defendants as to the counterclaiming defendant. The court in its decision shall find

the nature and extent of the claim asserted by the various parties, and shall determine the

validity, superiority, and priority of the same. Any defendant in default for want of an answer, or

not appearing at the trial, or a plaintiff not appearing at the trial, shall be adjudged to have no

estate or interest in, or lien or encumbrance upon, the property, and such defendant also shall

be adjudged to pay the amount demanded against such defendant in any counterclaim or reply

for the use and occupation of the premises, property removed therefrom, and waste committed,

except in the case of a defendant served by publication and not appearing. If any counterclaim

for improvements has been urged against one recovering property, the value of such

improvements thereof and the value of the land aside from the improvements shall be

specifically found. There likewise shall be findings on all other counterclaims urged at the trial. If

possession of the premises is demanded by the plaintiff or by any defendant asking for

affirmative relief, such possession shall be awarded to the party asking for possession who has

the paramount claim to the property, and such party thereupon may have a writ for possession

as against all other parties to the action. Costs shall be awarded to the prevailing parties against

each adversary in the action by the court, except that no costs shall be allowed against a

defendant not appearing.
N.D. Cent. Code § 32-22-19 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-19
32-22-19. Procedure when person appears to be guilty
Status: in_force

32-22-19. Procedure when person appears to be guilty

If it appears to the court, by affidavit or otherwise, or upon inspection of the process or

warrant of commitment and proceedings as may be shown to the court, that the party is guilty of

a criminal offense or ought not to be discharged, such court, although the charge is defectively

or not substantially set forth in such process or warrant of commitment, must cause the

complainant or other necessary witness to be subpoenaed to attend at such time as ordered, to

testify before the court, and upon the examination the judge may discharge such party, admit

the party to bail if the offense is bailable, or recommit the party to custody, as may be just and

legal.
N.D. Cent. Code § 32-03.1-01 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-01
32-03.1-01. Definitions
Status: in_force

32-03.1-01. Definitions

For the purposes of this chapter, the following terms shall have the designated meanings:

1. "Aid or assistance necessary or helpful in the circumstances" means any actions

which the aider reasonably believed were required to prevent death or serious

permanent injury, disability or handicap, or reasonably believed would benefit the

injured or ill person, depending upon the aider's perception of the nature and severity

of the injury or illness and the total emergency situation, and that the aider reasonably

believed the aider could successfully undertake.

2. "Apparently fit grocery product" means a grocery product that meets all quality and

labeling standards imposed by federal, state, and local laws and regulations even

though the product may not be readily marketable due to appearance, age, freshness,

grade, size, surplus, or other conditions.

3. "Apparently wholesome food" means food that meets all quality and labeling standards

imposed by federal, state, and local laws and regulations even though the food may

not be readily marketable due to appearance, age, freshness, grade, size, surplus, or

other conditions.

4. "Appropriate person licensed or certified by this state or by any state or province to

provide medical care or assistance" means any physician, nurse, emergency medical

technician, or other medical or paramedical personnel whom the aider reasonably

believes is such, based upon the representations of the person or that person's actions

in providing medical aid.

5. "Employed expressly or actually" means either that the person's formal duties include

the provision of emergency medical aid, or that the person customarily provides such

aid and is informally expected or relied upon to do so in the course of the person's

employment.

6. "Gross negligence" means acts or omissions falling short of intentional misconduct

which nevertheless show a failure to exercise even slight care or any conscious

interest in the predictable consequences of the acts or omissions. For the purposes of

this chapter, "gross negligence" includes the failure of an aider to relinquish direction

of the care of an injured or ill person when an appropriate person licensed or certified

by this state or by any state or province to provide medical care or assistance

assumes or attempts to assume responsibility for the care of the injured or ill person.
N.D. Cent. Code § 32-04-16 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-16
32-04-16. When enforced against subsequent holder
Status: in_force

32-04-16. When enforced against subsequent holder

Whenever an obligation in respect to real property would be enforced specifically against a

particular person, it may be enforced in like manner against any other person claiming under

that particular person by a title created subsequently to the obligation, except a purchaser or

encumbrancer in good faith and for value, and except also that any such person may exonerate

himself or herself by conveying all such person's estate to the person entitled to enforce the

obligation.
N.D. Cent. Code § 32-43-04 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-04
32-43-04. Disclosure of evidence of falsity
Status: in_force

32-43-04. Disclosure of evidence of falsity

A person who has been requested to make a correction or clarification may ask the

requester to disclose reasonably available information material to the falsity of the allegedly

defamatory statement. If a correction or clarification is not made, a person who unreasonably

fails to disclose the information after a request to do so may recover only provable economic

loss. A correction or clarification is timely if published within twenty-five days after receipt of

information disclosed under this section or forty-five days after receipt of a request for correction

or clarification, whichever is later.
N.D. Cent. Code § 32-46-04 — ND Code / Title 32 / Chapter 32-46 / Section 32-46-04
32-46-04. Establishing fair market value of total gross assets
Status: in_force

32-46-04. Establishing fair market value of total gross assets

1. An innocent successor corporation may establish the fair market value of total gross

assets for the purpose of the limitations under section 32-46-03 through any method

reasonable under the circumstances, including:

a. By reference to the going concern value of the assets or to the purchase price

attributable to or paid for the assets in an arm's-length transaction; or

b. In the absence of other readily available information from which the fair market

value may be determined, by reference to the value of the assets recorded on a

balance sheet.

2. Total gross assets include intangible assets.

3. To the extent total gross assets include liability insurance that was issued to the

transferor whose assets are being valued for purposes of this section, the applicability,

terms, conditions, and limits of the insurance are not affected by this chapter, nor does

this chapter otherwise affect the rights and obligations of an insurer, transferor, or

successor under an insurance contract or any related agreements, including

pre-enactment settlements resolving coverage-related disputes, and the rights of an

insurer to seek payment for applicable deductibles, retrospective premiums, or

self-insured retentions or to seek contribution from a successor for uninsured or

self-insured periods or periods when insurance is uncollectible or otherwise

unavailable. Without limiting the foregoing, to the extent total gross assets include any

such liability insurance, a settlement of a dispute concerning the liability insurance

coverage entered into by a transferor or successor with the insurers of the transferor

before August 1, 2009, are determinative of the total coverage of the liability insurance

to be included in the calculation of the transferor's total gross assets.
N.D. Cent. Code § 32-22-22 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-22
32-22-22. Prisoner may be ordered to custody of proper officer
Status: in_force

32-22-22. Prisoner may be ordered to custody of proper officer

In cases in which any party is held under illegal restraint or custody, and any other person is

entitled to the custody or restraint of such party, the court may order such party to be committed

to the custody or restraint of such person as by law is entitled thereto.
N.D. Cent. Code § 32-22-27 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-27
32-22-27. When person discharged may be arrested again
Status: in_force

32-22-27. When person discharged may be arrested again

No person who has been discharged by the order of the court upon habeas corpus can be

imprisoned again or kept in custody for the same cause, except in any of the following cases:

1. If the person has been discharged from custody on a criminal charge and is committed

afterwards for the same offense, by legal order or process.

2. If, after a discharge for defect of proof, or for any defect of the process, warrant, or

commitment in a criminal action, the accused is arrested again on sufficient proof and

committed by legal process for the same offense.

3. If in a civil action the party has been discharged for any illegality in the order,

judgment, or process and afterwards is imprisoned by legal process for the same claim

for relief.
N.D. Cent. Code § 32-16-01 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-01
32-16-01. When may be brought
Status: in_force

32-16-01. When may be brought

When several cotenants hold and are in possession of real or personal property as

partners, joint tenants, or tenants in common, in which one or more of them have an estate of

inheritance, or for life or lives, or for years, an action may be brought by one or more of such

persons for a partition thereof according to the respective rights of the persons interested

therein and for a sale of such property or a part thereof, if it appears that a partition cannot be

made without great prejudice to the owners. Real and personal property may be partitioned in

the same action.
N.D. Cent. Code § 32-40-03 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-03
32-40-03. Definitions
Status: in_force

32-40-03. Definitions

As used in this chapter, unless a different meaning clearly appears from the context:

1. "Aggrieved" means the suffering of an injury in fact as a result of the alleged violation

of a statute, rule, or regulation, and the injury is of the type the statute, rule, or

regulation in question was intended to regulate or protect against. It is not necessary

for the injury to be economic in nature. The injury is sufficient if it has harmed the

party's use and enjoyment of the protected natural resources in a manner different

from the harm to the general public.

2. "Environmental statute, rule, or regulation" means any statute, rule, or regulation of the

state for the protection of the air, water, and other natural resources, including land,

minerals, and wildlife, from pollution, impairment, or destruction.

3. "Person" means any natural person, corporation, limited liability company, association,

partnership, receiver, trustee, executor, administrator, guardian, or fiduciary.

4. "State agency" means any state agency, board, commission, council, officer, office,

department, or division.
N.D. Cent. Code § 32-14-09 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-09
32-14-09. Auditor to collect forfeiture from municipal judges
Status: in_force

32-14-09. Auditor to collect forfeiture from municipal judges

Every city auditor shall demand of and recover from each municipal judge of the city all

moneys received by such judge upon judgments rendered by such judge in actions under this

chapter, and every such judge on demand of such auditor shall produce to the auditor the

judge's docket for examination and all process and papers concerning or in such actions. In

case of refusal or neglect by such judge to pay over moneys promptly upon such demand, such

auditor shall institute an action therefor in the name of the office of the city auditor against such

judge and the sureties upon the judge's official bond.
N.D. Cent. Code § 32-29.3-08 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-08
32-29.3-08. Provisional remedies
Status: in_force

32-29.3-08. Provisional remedies

1. Before an arbitrator is appointed and is authorized and able to act, the court, upon

motion of a party to an arbitration proceeding and for good cause shown, may enter an

order for provisional remedies to protect the effectiveness of the arbitration proceeding

to the same extent and under the same conditions as if the controversy were the

subject of a civil action.

2. After an arbitrator is appointed and is authorized and able to act:

a. The arbitrator may issue such orders for provisional remedies, including interim

awards, as the arbitrator finds necessary to protect the effectiveness of the

arbitration proceeding and to promote the fair and expeditious resolution of the

controversy, to the same extent and under the same conditions as if the

controversy were the subject of a civil action; and

b. A party to an arbitration proceeding may move the court for a provisional remedy

only if the matter is urgent and the arbitrator is not able to act timely or the

arbitrator cannot provide an adequate remedy.

3. A party does not waive a right of arbitration by making a motion under subsection 1 or

2.
N.D. Cent. Code § 32-05-04 — ND Code / Title 32 / Chapter 32-05 / Section 32-05-04
32-05-04. When final injunction granted
Status: in_force

32-05-04. When final injunction granted

Except when otherwise provided by this chapter, a final injunction may be granted to

prevent the breach of an obligation existing in favor of the applicant:

1. When pecuniary compensation would not afford adequate relief;

2. When it would be extremely difficult to ascertain the amount of compensation which

would afford adequate relief;

3. When the restraint is necessary to prevent a multiplicity of judicial proceedings; or

4. When the obligation arises from a trust.
N.D. Cent. Code § 32-21-05 — ND Code / Title 32 / Chapter 32-21 / Section 32-21-05
32-21-05. Action not abated by death
Status: in_force

32-21-05. Action not abated by death

The action shall not abate by the death of the injured party or the tort-feasor. If the plaintiff

dies pending the action, the person next in order entitled to bring the action, by order of the

court, shall be made plaintiff therein.
N.D. Cent. Code § 32-29.3-21 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-21
32-29.3-21. Remedies - Fees and expenses of arbitration proceedings
Status: in_force

32-29.3-21. Remedies - Fees and expenses of arbitration proceedings

1. An arbitrator may award punitive damages or other exemplary relief if such an award

is authorized by law in a civil action involving the same claim and the evidence

produced at the hearing justifies the award under the legal standards otherwise

applicable to the claim.

2. An arbitrator may award reasonable attorney's fees and other reasonable expenses of

arbitration if such an award is authorized by law in a civil action involving the same

claim or by the agreement of the parties to the arbitration proceeding.

3. As to all remedies other than those authorized by subsections 1 and 2, an arbitrator

may order such remedies as the arbitrator considers just and appropriate under the

circumstances of the arbitration proceeding. The fact that such a remedy could not or

would not be granted by the court is not a ground for refusing to confirm an award

under section 32-29.3-22 or for vacating an award under section 32-29.3-23.

4. An arbitrator's expenses and fees, together with other expenses, must be paid as

provided in the award.

5. If an arbitrator awards punitive damages or other exemplary relief under subsection 1,

the arbitrator shall specify in the award the basis in fact justifying and the basis in law

authorizing the award and state separately the amount of the punitive damages or

other exemplary relief.
N.D. Cent. Code § 32-19.2-04 — ND Code / Title 32 / Chapter 32-19.2 / Section 32-19.2-04
32-19.2-04. Compensation of trustee and distribution of funds
Status: in_force

32-19.2-04. Compensation of trustee and distribution of funds

Upon the trustee's account becoming final, the trustee shall pay all remaining funds, less

the trustee's fee and expenses, to the mortgagor or contract vendee or to such other person as

may be otherwise provided by law. The trustee is entitled to a fee as set by the court. All

expenses incurred by the trustee in performing duties under this chapter must be reimbursed

out of available funds.
N.D. Cent. Code § 32-01-07 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-07
32-01-07. Process in civil action
Status: in_force

32-01-07. Process in civil action

All process in civil actions shall run in the name of the state of North Dakota.
N.D. Cent. Code § 32-22-20 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-20
32-22-20. Habeas corpus to give bail
Status: in_force

32-22-20. Habeas corpus to give bail

Whenever a person is imprisoned or detained in custody on a criminal charge, for want of

bail, such person is entitled to a writ of habeas corpus for the purpose of giving bail, upon

averring that fact in such person's petition, without alleging that the person is confined illegally.

Any judge in or out of the court in which the judge is authorized to act may take an undertaking

of bail from any person who has been committed on a criminal charge, when brought before the

judge on a writ of habeas corpus, as in other cases, if the offense is bailable, and file the

undertaking in the proper court.
N.D. Cent. Code § 32-16-12 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-12
32-16-12. Sale or partition
Status: in_force

32-16-12. Sale or partition

If it is alleged in the complaint and established by evidence, or if it appears by the evidence

without such allegation in the complaint, to the satisfaction of the court, that the property, or any

part of it, is so situated that partition cannot be made without great prejudice to the owners, the

court may order a sale thereof. Otherwise, upon the making of requisite proof, it must order a

partition according to the respective rights of the parties as ascertained by the court and appoint

three referees therefor, and must designate the portion to remain undivided for the owners

whose interests remain unknown or unascertained.
N.D. Cent. Code § 32-02-04 — ND Code / Title 32 / Chapter 32-02 / Section 32-02-04
32-02-04. Attendance of witnesses
Status: in_force

32-02-04. Attendance of witnesses

The judge of the court before whom a justification proceeding is pending may issue and

cause to be served subpoenas to compel attendance of any necessary witnesses, including the

sureties excepted to, at the time and place set for such justification proceeding, or may permit

their depositions to be taken in lieu of personal appearance.
N.D. Cent. Code § 32-23-02 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-02
32-23-02. Power to construe contracts, statutes, and wills
Status: in_force

32-23-02. Power to construe contracts, statutes, and wills

Any person interested under a deed, will, written contract, or other writings constituting a

contract, or whose rights, status, or other legal relations are affected by a statute, municipal

ordinance, contract, or franchise, may have determined any question of construction or validity

arising under the instrument, statute, ordinance, contract, or franchise and may obtain a

declaration of rights, status, or other legal relations thereunder.
N.D. Cent. Code § 32-19-33 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-33
32-19-33. Personal service equivalent to publication
Status: repealed

32-19-33. Personal service equivalent to publication

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-15-18 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-18
32-15-18. What complaint must contain
Status: in_force

32-15-18. What complaint must contain

The complaint must contain:

1. The name of the corporation, association, commission, or person in charge of the

public use for which the property is sought, who must be styled plaintiff.

2. The names of all owners and claimants of the property, if known, or a statement that

they are unknown, who must be styled defendants.

3. A statement of the right of the plaintiff.

4. If a right of way is sought, the complaint must show the location, general route, and

termini, and must be accompanied with a map thereof so far as the same is involved in

the action or proceeding.

5. A description of each piece of land sought to be taken and whether the same includes

the whole or only a part of an entire parcel or tract.
N.D. Cent. Code § 32-29.3-19 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-19
32-29.3-19. Award
Status: in_force

32-29.3-19. Award

1. An arbitrator shall make a record of an award. The record must be signed or otherwise

authenticated by any arbitrator who concurs with the award. The arbitrator or the

arbitration organization shall give notice of the award, including a copy of the award, to

each party to the arbitration proceeding.

2. An award must be made within the time specified by the agreement to arbitrate or, if

not specified therein, within the time ordered by the court. The court may extend or the

parties to the arbitration proceeding may agree in a record to extend the time. The

court or the parties may do so within or after the time specified or ordered. A party

waives any objection that an award was not timely made unless the party gives notice

of the objection to the arbitrator before receiving notice of the award.
N.D. Cent. Code § 32-01-11 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-11
32-01-11. Compensation for violation of private rights - Other relief, when
Status: in_force

32-01-11. Compensation for violation of private rights - Other relief, when

As a general rule compensation is the relief or remedy provided by the law of this state for

the violation of private rights and the means of securing their observance. Specific and

preventive relief may be given in no cases other than those specified in this title.
N.D. Cent. Code § 32-29.3-07 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-07
32-29.3-07. Motion to compel or stay arbitration
Status: in_force

32-29.3-07. Motion to compel or stay arbitration

1. On motion to a person showing an agreement to arbitrate and alleging another

person's refusal to arbitrate pursuant to the agreement:

a. If the refusing party does not appear or does not oppose the motion, the court

shall order the parties to arbitrate; and

b. If the refusing party opposes the motion, the court shall proceed summarily to

decide the issue and order the parties to arbitrate unless it finds that there is no

enforceable agreement to arbitrate.

2. On motion of a person alleging that an arbitration proceeding has been initiated or

threatened but that there is no agreement to arbitrate, the court shall proceed

summarily to decide the issue. If the court finds that there is an enforceable agreement

to arbitrate, it shall order the parties to arbitrate.

3. If the court finds that there is no enforceable agreement, it may not, pursuant to

subsection 1 or 2, order the parties to arbitrate.

4. The court may not refuse to order arbitration because the claim subject to arbitration

lacks merit or grounds for the claim have not been established.

5. If a proceeding involving a claim referable to arbitration under an alleged agreement to

arbitrate is pending in court, a motion under this section must be made in that court.

Otherwise a motion under this section may be made in any court as provided in

section 32-29.3-27.

6. If a party makes a motion to the court to order arbitration, the court on just terms shall

stay any judicial proceeding that involves a claim alleged to be subject to the

arbitration until the court renders a final decision under this section.

7. If the court orders arbitration, the court on just terms shall stay any judicial proceeding

that involves a claim subject to the arbitration. If a claim subject to the arbitration is

severable, the court may limit the stay to that claim.
N.D. Cent. Code § 32-07-12 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-12
32-07-12. Specific personal property - Jury to find value and damages
Status: in_force

32-07-12. Specific personal property - Jury to find value and damages

In an action for the recovery of specific personal property, the jury shall find by its verdict the

facts, as the case may be, as follows:

1. In case it finds against the defendant and the property has not been delivered to the

plaintiff, it shall find the value of the property, or of the plaintiff's interest therein, if less

than its full value, at the time of the taking, and that the plaintiff is entitled to a delivery

of the property, and it also shall assess the damages, if any are claimed in the

complaint, which the plaintiff has sustained by reason of the taking and detention of

such property.

2. In case it finds against the defendant and the property has been delivered to the

plaintiff, it also shall assess the damages, if any are claimed in the complaint, which

the plaintiff has sustained by reason of the taking and detention of such property.

3. In case it finds against the plaintiff and the property has been delivered to the plaintiff,

and the defendant in the defendant's answer claims a return of the property, it shall

find the value thereof, or of the defendant's interest therein, if less than its full value, at

the time of the taking, and it also shall assess the damages, if any are claimed in the

answer, which the defendant has sustained by reason of the taking and detention of

such property.

4. In case it finds against the plaintiff and the property has been retained by the

defendant, it shall find that the defendant is entitled to such property.

5. In case the jury finds that each party is entitled to a specific portion of the property in

controversy and such portion has been delivered to the opposite party and a return is

claimed in the complaint or answer, it shall find the value of such portion, or of the

party's interest therein, if less than its full value, at the time of the taking, and also shall

assess the damages, if any are claimed in the complaint or answer, in favor of the

plaintiff or defendant as hereinbefore provided as to the portion to which it finds the

plaintiff or defendant entitled.

6. Whenever the jury is so instructed, it shall find the value of specific portions of the

property in controversy or of the interest of either party therein, if less than its full

value, at the time of the taking and also shall assess the damages, if any are claimed

by the party in whose favor it finds, sustained by reason of the taking and detention of

such property.
N.D. Cent. Code § 32-13-11 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-11
32-13-11. Judgment against intruder
Status: in_force

32-13-11. Judgment against intruder

When a defendant against whom an action shall have been commenced shall be adjudged

guilty of usurping, intruding into, or unlawfully holding or exercising any office, franchise, or

privilege, judgment shall be rendered that the defendant be excluded from such office,

franchise, or privilege and also that the plaintiff recover costs against the defendant.
N.D. Cent. Code § 32-43-03 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-03
32-43-03. Request for correction or clarification
Status: in_force

32-43-03. Request for correction or clarification

1. A person may maintain an action for defamation only if the person has made a timely

and adequate request for correction or clarification from the defendant or the

defendant has made a correction or clarification.

2. A request for correction or clarification is timely if made within the period of limitation

for commencement of an action for defamation. However, a person who, within ninety

days after knowledge of the publication, fails to make a good-faith attempt to request a

correction or clarification may recover only provable economic loss.

3. A request for correction or clarification is adequate if the request:

a. Is made in writing and reasonably identifies the person making the request;

b. Specifies with particularity the statement alleged to be false and defamatory and,

to the extent known, the time and place of publication;

c. Alleges the defamatory meaning of the statement;

d. Specifies the circumstances giving rise to any defamatory meaning of the

statement which arises from other than the express language of the publication;

and

e. States that the alleged defamatory meaning of the statement is false.

4. In the absence of a previous adequate request, service of a summons and complaint

stating a claim for relief for defamation and containing the information required in

subsection 3 constitutes an adequate request for correction or clarification.

5. The period of limitation for commencement of a defamation action is tolled during the

period allowed in section 32-43-06 for responding to a request for correction or

clarification.
N.D. Cent. Code § 32-29.4-19 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-19
32-29.4-19. Clarification of confirmed award
Status: in_force

32-29.4-19. Clarification of confirmed award

If the meaning or effect of an award confirmed under section 32-29.4-15 is in dispute, the

parties may:

1. Agree to arbitrate the dispute before the original arbitrator or another arbitrator; or

2. Proceed in court under law of this state other than this chapter governing clarification

of a judgment in a family law proceeding.
N.D. Cent. Code § 32-03-39 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-39
32-03-39. Parental responsibility for minor children - Recovery limitations
Status: in_force

32-03-39. Parental responsibility for minor children - Recovery limitations

Any municipal corporation, county, township, school district, or department of the state of

North Dakota, or any person, partnership, corporation, limited liability company, association, or

religious organization, whether incorporated or unincorporated, shall be entitled to recover

damages in a civil action in an amount not to exceed one thousand dollars in a court of

competent jurisdiction from the parents of any minor, living with a parent, who shall maliciously

or willfully destroy property, real, personal, or mixed, belonging to such municipal corporation,

county, township, school district, or department of the state of North Dakota, or person,

partnership, corporation, limited liability company, association, or religious organization.

Recovery shall be limited to actual damages in an amount not to exceed one thousand

dollars, in addition to taxable court costs.
N.D. Cent. Code § 32-22-28 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-28
32-22-28. How obedience to order of discharge enforced
Status: in_force

32-22-28. How obedience to order of discharge enforced

Obedience to an order for the discharge of any person, granted pursuant to the provisions

of this chapter, may be enforced by the court or judge issuing such writ, or granting such order,

by attachment, in the same manner as hereinbefore provided for a neglect to make a return to a

writ of habeas corpus, and the person guilty of such disobedience shall forfeit to the party

aggrieved five hundred dollars, in addition to any special damages such party may have

sustained.
N.D. Cent. Code § 32-12.2-04 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-04
32-12.2-04. Notice required - Payment of claims
Status: in_force

32-12.2-04. Notice required - Payment of claims

1. a. A person bringing a claim against the state or a state employee for an injury shall

present to the director of the office of management and budget within

one hundred eighty days after the alleged injury is discovered or reasonably

should have been discovered a written notice of the alleged claim stating the

time, place, and circumstances of the claim, the names of any state employees

known to be involved, and the amount of compensation or other relief demanded.

b. If the claim is one for serious injury, notice must be presented to the director of

the office of management and budget within one year after the alleged serious

injury is discovered or reasonably should have been discovered. For purposes of

this section, "serious injury" has the meaning as provided in section 26.1-41-01.

c. The time for giving the notice does not include the time during which a person

injured is incapacitated by the injury from giving the notice.

d. The time for giving the notice is waived for a claim for relief that resulted from

sexual assault, sexual abuse, gross sexual imposition, or any other claim based

on a sexual act or sexual contact as defined in chapter 12.1-20.

2. After receipt of notice of a claim, the director of the office of management and budget

shall, in a timely manner, notify the head of the state entity involved, the attorney

general, and any insurer or self-insurance pool providing coverage for that state entity.

For claims over ten thousand dollars, the director, in consultation with the head of the

state entity involved and the attorney general, may settle claims covered by the state

risk management fund if the claim is made in writing and settlement is approved by the

attorney general. The director of the office of management and budget may

independently settle any claim covered by the state risk management fund if the claim

is made in writing and the settlement is for not more than ten thousand dollars.

3. A claim shall be paid out of the risk management fund unless that claim is covered by

insurance or participation in a government self-insurance pool. All necessary loss

adjustment expenses must be included as a component of the claim and be paid out of

the fund. Loss adjustment expenses include investigation costs and attorney's fees

associated with a claim.

4. The acceptance by the claimant of a settlement is final and conclusive on the claimant

and constitutes a complete release of any claim against the state and the state

employee whose act or omission gave rise to the claim.

5. A person bringing a legal action against the state or a state employee for a claim shall

deliver a copy of the summons, complaint, or other legal pleading in which the claim is

first asserted in the action to the director of the office of management and budget at

the time the summons, complaint, or other legal pleading is served in the action. This

provision is in addition to any applicable rule of civil procedure.
N.D. Cent. Code § 32-17-08 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-08
32-17-08. Answer - Counterclaim
Status: in_force

32-17-08. Answer - Counterclaim

In an action to determine adverse claims, a defendant in the defendant's answer may deny

that the plaintiff has the estate, interest, lien, or encumbrance alleged in the complaint, coupled

with allegations setting forth fully and particularly the origin, nature, and extent of the

defendant's own claim to the property, and, if such defendant claims a lien, the original amount

secured thereby and the date of the same, and the sum remaining due thereon, whether the

same has been secured in any other way or not, and if so secured, the nature and extent of

such security, or the defendant likewise may set forth the defendant's rights in the property as a

counterclaim and may demand affirmative relief against the plaintiff and any codefendant, and in

such case the defendant also may set forth a counterclaim and recovery from a plaintiff or a

codefendant for permanent improvements made by the defendant or those under whom the

defendant claims, holding under color of title in good faith adversely to the plaintiff or

codefendant against whom the defendant seeks a recovery. Such counterclaim shall set forth

among other things the value of the land aside from the improvements thereon, and, as

accurately as practicable, the improvements upon the land and the value thereof, and in such

case such defendant also may set forth as a counterclaim the defendant's demand for recovery

of the value of the use and occupation of the premises and value of property wasted or removed

therefrom. The answer shall be deemed served on codefendants by filing the same in the office

of the clerk of court of the county where the action is pending at any time within twenty days

after the service of summons on such defendant is complete. If affirmative relief is demanded

against codefendants, the allegations constituting counterclaims shall be deemed controverted

by all the parties, as upon a direct denial or avoidance, as the case may require, without further

pleading.
N.D. Cent. Code § 32-29.4-23 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-23
32-29.4-23. Appeal
Status: in_force

32-29.4-23. Appeal

1. An appeal may be taken under this chapter from:

a. An order granting or denying a motion to compel arbitration;

b. An order granting or denying a motion to stay arbitration;

c. An order confirming or denying confirmation of an award;

d. An order correcting an award;

e. An order vacating an award without directing a rehearing; or

f. A final judgment.

2. An appeal under this section may be taken as from an order or a judgment in a civil

action.
N.D. Cent. Code § 32-22-24 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-24
32-22-24. When notice of hearing must be given state's attorney
Status: in_force

32-22-24. When notice of hearing must be given state's attorney

When it appears that the person in whose behalf a writ of habeas corpus is issued is held

upon a criminal charge of any kind, notice of the time and place of the hearing upon the return

shall be given to the state's attorney of the county where the offense arose if the person is within

the state's attorney's county. In other cases, like notice shall be given to any person interested

in continuing the custody or restraint of the party asking aid of such writ.
N.D. Cent. Code § 32-16-02 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-02
32-16-02. What complaint must show
Status: in_force

32-16-02. What complaint must show

The interests of all persons in the property, whether such persons are known or unknown,

must be set forth in the complaint specifically and particularly as far as known to the plaintiff,

and if one or more of the parties, or the share or quantity of interest of any of the parties, is

unknown to the plaintiff, or is uncertain, or contingent, or the ownership of the inheritance

depends upon an executory devise, or the remainder is a contingent remainder so that such

parties cannot be named, that fact must be set forth in the complaint.
N.D. Cent. Code § 32-37-04 — ND Code / Title 32 / Chapter 32-37 / Section 32-37-04
32-37-04. Hearing - Who may appear - Judgment
Status: in_force

32-37-04. Hearing - Who may appear - Judgment

Any citizen of the United States may appear at the hearing provided for in this chapter and

shall be heard in favor of or in opposition to the petition, but all objections to said petition must

be in writing and must be filed with the court. Upon the hearing thereof, affidavits, including the

affidavit of the petitioner, shall be received in evidence and shall have the same force and effect

as if the testimony had been taken by deposition. If, after hearing, the court shall be satisfied by

competent evidence of the sufficiency of the petition, that the applicant is a citizen of the United

States, that the applicant has been a citizen of the state of North Dakota for one year last past

and of the county for more than ninety days preceding the filing of the petition, and that the

applicant's date of birth and place of birth are proven, it shall make appropriate findings of fact

and conclusions of law and shall order a judgment to that effect, and such judgment shall be

entered in the office of the clerk of the district court upon such order. A judgment establishing

the date of birth and place of birth of the petitioner shall be entitled to full faith and credit in the

same manner as any other judgment of the courts of this state. If, after hearing, the court is not

satisfied that the date and place of birth have been proven, it shall make appropriate findings of

fact and conclusions of law and shall enter an order for judgment denying the petition, and a

judgment shall be entered upon such order in the office of the clerk of the district court.
N.D. Cent. Code § 32-29.4-13 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-13
32-29.4-13. Recording of hearing
Status: in_force

32-29.4-13. Recording of hearing

Except as otherwise required by law of this state other than this chapter, an arbitration

hearing need not be recorded unless required by the arbitrator, provided by the arbitration

agreement, or requested by a party.
N.D. Cent. Code § 32-15-20 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-20
32-15-20. Who may defend
Status: in_force

32-15-20. Who may defend

All persons in occupation of, or having or claiming an interest in, any of the property

described in the complaint or in the damages for the taking thereof, though not named, may

appear, plead, and defend, each in respect to such person's own property or interest, or that

claimed by such person, in like manner as if named in the complaint.
N.D. Cent. Code § 32-19.2-02 — ND Code / Title 32 / Chapter 32-19.2 / Section 32-19.2-02
32-19.2-02. Authority and duties of trustee
Status: in_force

32-19.2-02. Authority and duties of trustee

The trustee shall:

1. Take possession of the premises.

2. Pay, to the extent funds are available, all utilities, taxes, insurance, and expenses of

maintenance and operation.

3. Receive the rentals from tenants.

4. Remove tenants for nonpayment of rent or for any other cause permissible by law.

5. Rent premises.
N.D. Cent. Code § 32-19-25 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-25
32-19-25. Notice may be served personally
Status: in_force

32-19-25. Notice may be served personally

Service of the notice before foreclosure may be made upon the title owner of record or upon

the personal representative of the owner's estate by personal service within or without this state

in the manner provided by law for the service of a summons in a civil action.
N.D. Cent. Code § 32-04-14 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-14
32-04-14. When specific performance cannot be enforced in favor of one
Status: in_force

32-04-14. When specific performance cannot be enforced in favor of one

Specific performance cannot be enforced in favor of a party who has not fully and fairly

performed all the conditions precedent on such party's part to the obligation of the other party,

except when such party's failure to perform is only partial and either entirely immaterial or

capable of being fully compensated, in which case specific performance may be compelled

upon full compensation being made for the default.
N.D. Cent. Code § 32-03-22 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-22
32-03-22. Damages for willful detention of realty
Status: in_force

32-03-22. Damages for willful detention of realty

For willfully holding over real property by a person who entered upon the same as guardian

or trustee for an infant or by right of an estate terminable with any life or lives after the

termination of the trust or particular estate without the consent of the party immediately entitled

after such termination, the measure of damages is the value of the profits received during such

holding over.
N.D. Cent. Code § 32-03-56 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-56
32-03-56. Immunity for theft of anhydrous ammonia
Status: in_force

32-03-56. Immunity for theft of anhydrous ammonia

The owner of anhydrous ammonia is immune from civil liability for any loss, damage, or

injury from the theft by another or attempted theft by another of anhydrous ammonia from the

tank, equipment, or storage facility in which it is contained. For purposes of this section, "owner"

means:

1. A person who lawfully owns anhydrous ammonia;

2. A person who lawfully owns a container, equipment, or storage facility containing

anhydrous ammonia;

3. A person responsible for the installation or operation of an anhydrous ammonia

container, equipment, or storage facility;

4. A person who lawfully sells anhydrous ammonia;

5. A person who lawfully purchases anhydrous ammonia for agricultural purposes; and

6. A person who operates or uses anhydrous ammonia containers, equipment, or storage

facilities when lawfully applying anhydrous ammonia for agricultural purposes.
N.D. Cent. Code § 32-07-04 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-04
32-07-04. Security by plaintiff
Status: in_force

32-07-04. Security by plaintiff

Upon the receipt of an affidavit and requisition as provided in section 32-07-03 with a written

undertaking executed by one or more sufficient sureties approved by the sheriff, to the effect

that they are bound in double the value of the property, as stated in such affidavit, for the

prosecution of the action for the return of the property to the defendant, if return thereof is

adjudged, and for the payment to the defendant of such sum as for any cause may be

recovered against the plaintiff, the sheriff forthwith shall take the property described in the

affidavit, if it is in the possession of the defendant or the defendant's agent, and shall retain it in

the sheriff's custody. The sheriff also without delay shall serve on the defendant a copy of the

affidavit, requisition, and undertaking by delivering the same to the defendant personally, if the

defendant can be found, or to the defendant's agent from whose possession the property is

taken, or if neither can be found, by leaving them at the usual place of abode of either with

some person of suitable age and discretion.
N.D. Cent. Code § 32-10.1-20 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-20
32-10.1-20. Fees and expenses
Status: in_force

32-10.1-20. Fees and expenses

1. The court may award a receiver from receivership property the reasonable and

necessary fees and expenses of performing the duties of the receiver and exercising

the powers of the receiver.

2. The court may order one or more of the following to pay the reasonable and necessary

fees and expenses of the receivership, including reasonable attorney's fees and costs:

a. A person that requested the appointment of the receiver, if the receivership does

not produce sufficient funds to pay the fees and expenses.

b. A person whose conduct justified or would have justified the appointment of the

receiver under subdivision a of subsection 1 of section 32-10.1-05.
N.D. Cent. Code § 32-01-06 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-06
32-01-06. Civil action defined
Status: in_force

32-01-06. Civil action defined

A civil action is any action other than a criminal action.
N.D. Cent. Code § 32-03-49 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-49
32-03-49. Immunity from liability
Status: in_force

32-03-49. Immunity from liability

Notwithstanding any other law, any member of a critical incident stress management team

is immune from any civil liability for the member's activities in connection with critical incident

stress debriefing services unless, based upon the member's level of training, the member's

activities constitute gross negligence.
N.D. Cent. Code § 32-19-23 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-23
32-19-23. When notice not required
Status: in_force

32-19-23. When notice not required

1. If the record title to real estate is in the name of a deceased person, notice before

foreclosure need not be served unless a personal representative of the estate is

appointed in the county in which the real estate is situated. The certificate of the judge

or clerk of the district court serving the county in which the real estate is situated

stating that a personal representative has not been appointed is sufficient evidence of

that fact.

2. Actual service of the notice before foreclosure is not required if the property is

abandoned as provided under section 32-19-23.1, or if service by mail as provided in

this chapter has been attempted three times and the attempted service is returned as

refused or unclaimed.
N.D. Cent. Code § 32-34-11 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-11
32-34-11. Damages - Peremptory writ
Status: in_force

32-34-11. Damages - Peremptory writ

If judgment is given for the applicant, the applicant may recover the damages which the

applicant has sustained as found by the jury, or as may be determined by the court, or referee

upon a reference to be ordered, together with costs, and for such damages and costs execution

may issue, and a peremptory mandamus also must be awarded.
N.D. Cent. Code § 32-16-06 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-06
32-16-06. Service by publication - Notice required
Status: in_force

32-16-06. Service by publication - Notice required

When service of the summons is made by publication, the summons as published must be

accompanied by a notice that the object of the action is to obtain a partition of the property

which is the subject of the action, briefly describing the same.
N.D. Cent. Code § 32-29.3-28 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-28
32-29.3-28. Appeals
Status: in_force

32-29.3-28. Appeals

1. An appeal may be taken from:

a. An order denying a motion to compel arbitration;

b. An order granting a motion to stay arbitration;

c. An order confirming or denying confirmation of an award;

d. An order modifying or correcting an award;

e. An order vacating an award without directing a rehearing; or

f. A final judgment entered pursuant to this chapter.

2. An appeal under this section must be taken as from an order or a judgment in a civil

action.

3. Agreements to arbitrate between and among insurers and self-insured entities which

explicitly renounce a right of appeal are fully enforceable in this state. This chapter

does not alter those agreements to create a right of appeal.
N.D. Cent. Code § 32-19-13 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-13
32-19-13. When payment stays proceedings
Status: repealed

32-19-13. When payment stays proceedings

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-29.4-07 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-07
32-29.4-07. Qualification and selection of arbitrator
Status: in_force

32-29.4-07. Qualification and selection of arbitrator

1. Except as otherwise provided in subsection 2, unless waived in a record by the

parties, an arbitrator must be:

a. An attorney in good standing admitted to practice or on inactive status or a judge

on retired status in a state; and

b. Trained in identifying domestic violence and child abuse.

2. The identification in the arbitration agreement of an arbitrator, arbitration organization,

or method of selection of the arbitrator controls.

3. If an arbitrator is unable or unwilling to act or if the agreed-on method of selecting an

arbitrator fails, on motion of a party, the court shall select an arbitrator.
N.D. Cent. Code § 32-25-04 — ND Code / Title 32 / Chapter 32-25 / Section 32-25-04
32-25-04. How value of grain may be proved
Status: in_force

32-25-04. How value of grain may be proved

In any action brought under the provisions of this chapter, it shall be permissible to prove

the value of the grain in question by any of the following classes of evidence:

1. By market reports published in any newspaper or trade journal which commonly

publishes such reports, purporting to give market values or selling prices of such grain

at the market in question. No further foundation for the introduction of such reports in

evidence shall be necessary than the showing that such newspaper or journal is in

circulation as such or is commonly sold at public newsstands, and the court may take

judicial notice of the character and circulation of such newspaper or journal without

proof.

2. The buying and selling price of similar grain may be shown by the records of any

chamber of commerce, board of trade, or similar organization which is shown to keep

a record of permanent character of the prices at which such, or similar grain, is sold in

the market at which such organization is situated.

3. A witness engaged in the business of buying or selling grain likewise may testify to the

value of grain at any given market at any given time, upon showing the witness's

knowledge thereof, and for the purpose of refreshing the witness's recollection such

witness may examine and consider the permanent records of sales or purchases

made in the regular course of business of such witness or the firm or concern with

which the witness is or was connected.
N.D. Cent. Code § 32-21-02 — ND Code / Title 32 / Chapter 32-21 / Section 32-21-02
32-21-02. Measure of recovery
Status: in_force

32-21-02. Measure of recovery

In an action brought under the provisions of this chapter, the jury shall give such damages

as it finds proportionate to the injury resulting from the death to the persons entitled to the

recovery.
N.D. Cent. Code § 32-09.1-14 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-14
32-09.1-14. Default
Status: in_force

32-09.1-14. Default

If any garnishee who is duly summoned willfully fails to serve disclosure as required in this

chapter, the court, upon proof by affidavit of the creditor, may render judgment against the

garnishee for an amount not exceeding the lesser of the plaintiff's judgment against the

defendant or the retention amount as defined under section 32-09.1-07. The creditor shall serve

the garnishee with a copy of the affidavit and a notice of intent to take default judgment. The

court upon good cause shown may remove the default and permit the garnishee to disclose on

terms as may be just.
N.D. Cent. Code § 32-10.1-09 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-09
32-10.1-09. Security agreement covering after-acquired property
Status: in_force

32-10.1-09. Security agreement covering after-acquired property

Except as otherwise provided by law, property that a receiver or owner acquires after

appointment of the receiver is subject to a security agreement entered before the appointment

to the same extent as if the court had not appointed the receiver.
N.D. Cent. Code § 32-49-01 — ND Code / Title 32 / Chapter 32-49 / Section 32-49-01
32-49-01. Definitions
Status: in_force

32-49-01. Definitions

As used in this chapter:

1. "Consent" means affirmative, conscious, and voluntary authorization by an individual

with legal capacity to give authorization.

2. "Depicted individual" means an individual whose body is shown in whole or in part in

an intimate image.

3. "Disclosure" or "disclose" means the transfer, publication, or distribution to another

person.

4. "Identifiable" means recognizable by a person other than the depicted individual from:

a. An intimate image itself; or

b. An intimate image and identifying characteristic displayed in connection with the

intimate image.

5. "Identifying characteristic" means information that may be used to identify a depicted

individual.

6. "Individual" means a human being.

7. "Intimate image" means a photograph, film, video recording, or other similar medium

showing:

a. The uncovered genitals, pubic area, anus, or female postpubescent nipple of a

depicted individual; or

b. A depicted individual engaging in or being subjected to sexual conduct.

8. "Person" means an individual, estate, business or nonprofit entity, public corporation,

government or governmental subdivision, agency, or instrumentality, or other legal

entity.

9. "Sexual conduct" includes:

a. Masturbation;

b. Genital, anal, or oral sex;

c. Sexual penetration of, or with, an object;

d. Bestiality; or

e. The transfer of semen onto a depicted individual.
N.D. Cent. Code § 32-16-23 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-23
32-16-23. Part of action continued
Status: in_force

32-16-23. Part of action continued

When the proceeds of the sale of any share or parcel belonging to persons who are parties

to the action, and who are known, are paid into court, the action may be continued as between

such parties for the determination of their respective claims thereto, which must be ascertained

and adjudged by the court. Further testimony may be taken in court, or by a referee, at the

discretion of the court, and the court, if necessary, may require such parties to present the facts

or law in the controversy by pleading as in an original action.
N.D. Cent. Code § 32-08.1-14 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-14
32-08.1-14. Bond for release of property - Estoppel
Status: in_force

32-08.1-14. Bond for release of property - Estoppel

The defendant may, at any time before judgment, deliver to the officer who attached the

defendant's property a bond executed by two sureties, to the effect that they will, on demand,

pay to the plaintiff the amount of the judgment, with all costs, that may be recovered against

such defendant in the action, not exceeding the sum specified in the bond with interest. Such a

bond shall be in the amount alleged by the plaintiff to be due. The sureties shall justify as

provided in section 32-08.1-05, and may be accepted if they are jointly responsible for the

required sum.
N.D. Cent. Code § 32-19.2-03 — ND Code / Title 32 / Chapter 32-19.2 / Section 32-19.2-03
32-19.2-03. Termination and accounting
Status: in_force

32-19.2-03. Termination and accounting

The appointment of a trustee continues until:

1. The expiration of the period of redemption;

2. The redemption of the premises by the mortgagor or contract vendee;

3. The voluntary dismissal of the foreclosure or cancellation action; or

4. Removal of the trustee by the court.

Within thirty days after the termination of appointment, the trustee shall file with the court a

report of the trustee's activities and all receipts and expenditures, and shall serve a copy on the

mortgagor or the vendee by certified or registered mail, an affidavit of service by mail being

competent proof thereof. The trustee's account becomes final unless objected to within thirty

days from the date of mailing to the mortgagor or contract vendee.
N.D. Cent. Code § 32-22-39 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-39
32-22-39. Officer refusing prisoner copy of commitment - Penalty
Status: repealed

32-22-39. Officer refusing prisoner copy of commitment - Penalty

Repealed by S.L. 1985, ch. 169, § 3.
N.D. Cent. Code § 32-08.1-10 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-10
32-08.1-10. What may be attached - How attached
Status: in_force

32-08.1-10. What may be attached - How attached

All the property of the defendant, not exempt from execution, may be attached. Personal

property shall be attached as upon an execution and the provisions respecting the levy of an

execution thereon shall be applicable to an attachment.
N.D. Cent. Code § 32-16-17 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-17
32-16-17. Payment of expenses
Status: in_force

32-16-17. Payment of expenses

The expenses of the referees, including those of a surveyor and the surveyor's assistants,

when employed, must be ascertained and allowed by the court, and the amount thereof,

together with the fees allowed by the court in its discretion to the referees, must be apportioned

among the different parties to the action equitably.
N.D. Cent. Code § 32-15-32 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-32
32-15-32. Costs
Status: in_force

32-15-32. Costs

The court may in its discretion award to the defendant reasonable actual or statutory costs

or both, which may include interest from the time of taking except interest on the amount of a

deposit which is available for withdrawal without prejudice to right of appeal, costs on appeal,

and reasonable attorney's fees for all judicial proceedings. If the defendant appeals and does

not prevail, the costs on appeal may be taxed against the defendant. In all cases when a new

trial has been granted upon the application of the defendant and the defendant has failed upon

such trial to obtain greater compensation than was allowed the defendant upon the first trial, the

costs of such new trial shall be taxed against the defendant.
N.D. Cent. Code § 32-33-07 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-07
32-33-07. Other proofs permitted if officer dies or return incomplete
Status: in_force

32-33-07. Other proofs permitted if officer dies or return incomplete

If the officer or other person whose duty it is to make a return dies, absconds, or moves

from the state, or becomes insane after the writ is issued and before making a return, or after

making an insufficient return, and it appears that there is no other officer or person from whom a

sufficient return can be procured by means of a new writ, the court in its discretion may permit

affidavits or other written proofs relative to the matters not sufficiently returned to be produced

and may hear the case accordingly. The court also in its discretion may permit either party to

produce affidavits or other written proofs relative to any alleged error of fact or any other

question of fact which is essential to the jurisdiction of the body or officer to make the

determination to be reviewed, when the facts in relation thereto are not stated sufficiently in the

return and the court is satisfied that they cannot be made to appear by means of an order for a

further return.
N.D. Cent. Code § 32-29.3-25 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-25
32-29.3-25. Judgment on award - Attorney's fees and litigation expenses
Status: in_force

32-29.3-25. Judgment on award - Attorney's fees and litigation expenses

1. Upon granting an order confirming, vacating without directing a rehearing, modifying,

or correcting an award, the court shall enter a judgment in conformity therewith. The

judgment may be recorded, docketed, and enforced as any other judgment in a civil

action.

2. A court may allow reasonable costs of the motion and subsequent judicial

proceedings.

3. On application of a prevailing party to a contested judicial proceeding under

section 32-29.3-22, 32-29.3-23, or 32-29.3-24, the court may add reasonable

attorney's fees and other reasonable expenses of litigation incurred in a judicial

proceeding after the award is made to a judgment confirming, vacating without

directing a rehearing, modifying, or correcting an award.
N.D. Cent. Code § 32-15-15 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-15
32-15-15. Note of issue, filing
Status: repealed

32-15-15. Note of issue, filing

Repealed by omission from this code.
N.D. Cent. Code § 32-09.1-21 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-21
32-09.1-21. Continuing lien on wages
Status: in_force

32-09.1-21. Continuing lien on wages

A plaintiff may obtain a two hundred seventy-day continuing lien on wages by garnishment.

A plaintiff obtaining a continuing lien on wages by garnishment shall mark "continuing lien" on

the caption of the garnishee summons. Each garnishment disclosure form must provide the

garnishee will continue to hold the nonexempt portion of the defendant's earnings as the

earnings accrue through the last payroll period ending on or before two hundred seventy days

from the effective date of the garnishee summons, or until the sum held equals the amount

stated in the garnishee summons, or until the employment relationship terminates, whichever

first occurs.

If the garnishee's answers to a garnishment disclosure form provide the amount withheld is

less than ten dollars, the garnishee is not required to return subsequent forms to the plaintiff

until the amount withheld is ten dollars or more. For any pay period in which the garnishee is not

required under this section to return the form to the plaintiff, the garnishee's answers from the

previous form remain in effect. At the expected termination of the lien, the plaintiff shall mail the

garnishee an additional copy of the garnishment disclosure form upon which the garnishee

within ten days shall make further disclosure.
N.D. Cent. Code § 32-01-12 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-12
32-01-12. Conditions of relief from forfeiture
Status: in_force

32-01-12. Conditions of relief from forfeiture

Whenever by the terms of an obligation a party thereto incurs a forfeiture, or a loss in the

nature of a forfeiture, by reason of the party's failure to comply with its provisions, the party may

be relieved therefrom upon making full compensation to the other party, except in case of a

grossly negligent, willful, or fraudulent breach of duty.
N.D. Cent. Code § 32-03-09.1 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-09.1
32-03-09.1. Measure of damages for injury to property not arising from contract
Status: in_force

32-03-09.1. Measure of damages for injury to property not arising from contract

The measure of damages for injury to property caused by the breach of an obligation not

arising from contract, except when otherwise expressly provided by law, is presumed to be the

reasonable cost of repairs necessary to restore the property to the condition it was in

immediately before the injury was inflicted and the reasonable value of the loss of use pending

restoration of the property, unless restoration of the property within a reasonable period of time

is impossible or impracticable, in which case the measure of damages is presumed to be the

difference between the market value of the property immediately before and immediately after

the injury and the reasonable value of the loss of use pending replacement of the property.

Restoration of the property shall be deemed impracticable when the reasonable cost of

necessary repairs and the reasonable value of the loss of use pending restoration is greater

than the amount by which the market value of the property has been diminished because of the

injury and the reasonable value of the loss of use pending replacement.
N.D. Cent. Code § 32-29.3-14 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-14
32-29.3-14. Immunity of arbitrator - Competency to testify - Attorney's fees and costs
Status: in_force

32-29.3-14. Immunity of arbitrator - Competency to testify - Attorney's fees and costs

1. An arbitrator or an arbitration organization acting in that capacity is immune from civil

liability to the same extent as a judge of a court of this state acting in a judicial

capacity.

2. The immunity afforded by this section supplements any immunity under other law.

3. The failure of an arbitrator to make a disclosure required by section 32-29.3-12 does

not cause any loss of immunity under this section.

4. In a judicial, administrative, or similar proceeding, an arbitrator or representative of an

arbitration organization is not competent to testify and may not be required to produce

records as to any statement, conduct, decision, or ruling occurring during the

arbitration proceeding, to the same extent as a judge of a court of this state acting in a

judicial capacity. This subsection does not apply:

a. To the extent necessary to determine the claim of an arbitrator, arbitration

organization, or representative of the arbitration organization against a party to

the arbitration proceeding; or

b. To a hearing on a motion to vacate an award under subdivision a or b of

subsection 1 of section 32-29.3-23 if the movant establishes prima facie that a

ground for vacating the award exists.

5. If a person commences a civil action against an arbitrator, arbitration organization, or

representative of an arbitration organization arising from the services of the arbitrator,

organization, or representative or if a person seeks to compel an arbitrator or a

representative of an arbitration organization to testify or produce records in violation of

subsection 4, and the court decides that the arbitrator, arbitration organization, or

representative of an arbitration organization is immune from civil liability or that the

arbitrator or representative of the organization is not competent to testify, the court

shall award to the arbitrator, organization, or representative reasonable attorney's fees

and other reasonable expenses of litigation.
N.D. Cent. Code § 32-10-02 — ND Code / Title 32 / Chapter 32-10 / Section 32-10-02
32-10-02. Who may be receiver - Undertaking by applicant
Status: in_force

32-10-02. Who may be receiver - Undertaking by applicant

No party or person interested in an action can be appointed receiver therein without the

written consent of the opposing party filed with the clerk. If a receiver is appointed upon an ex

parte application, the court before making the order may require from the applicant an

undertaking with sufficient sureties in an amount to be fixed by the court, to the effect that the

applicant will pay to the defendant all damages the defendant may sustain by reason of the

appointment of such receiver and the entry by the receiver upon the receiver's duties, in case

the applicant shall have procured such appointment wrongfully, maliciously, or without sufficient

cause, and the court in its discretion at any time after said appointment may require an

additional undertaking.
N.D. Cent. Code § 32-32-06 — ND Code / Title 32 / Chapter 32-32 / Section 32-32-06
32-32-06. New trials and appeals
Status: in_force

32-32-06. New trials and appeals

The provisions of the chapters relative to new trials and appeals in title 28, except insofar as

they are inconsistent with the provisions of chapters 32-33, 32-34, and 32-35, apply to the

proceedings mentioned in this chapter.
N.D. Cent. Code § 32-46-06 — ND Code / Title 32 / Chapter 32-46 / Section 32-46-06
32-46-06. Scope of chapter
Status: in_force

32-46-06. Scope of chapter

This chapter applies to all asbestos claims filed against an innocent successor on or after

August 1, 2009. This chapter also applies to any pending asbestos claims against an innocent

successor in which trial has not commenced as of the effective date, except that any provisions

of these sections which would be unconstitutional if applied retroactively must be applied

prospectively.
N.D. Cent. Code § 32-32-04 — ND Code / Title 32 / Chapter 32-32 / Section 32-32-04
32-32-04. What writs issue in vacation
Status: in_force

32-32-04. What writs issue in vacation

Writs of certiorari, mandamus, and prohibition may be issued by a judge of the district court

in vacation, and when issued by a judge of the district court may be made returnable and a

hearing held thereon in vacation.
N.D. Cent. Code § 32-30-04 — ND Code / Title 32 / Chapter 32-30 / Section 32-30-04
32-30-04. Accompanied by affidavit
Status: in_force

32-30-04. Accompanied by affidavit

The summons must be accompanied by an affidavit of the person subscribing it, that the

judgment has not been satisfied to that person's knowledge or information and belief and must

specify the amount due thereon.
N.D. Cent. Code § 32-16-43 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-43
32-16-43. Share of insane and incompetent
Status: in_force

32-16-43. Share of insane and incompetent

The guardian or conservator who may be entitled to the custody and management of the

estate of an insane person, or other person adjudged incapable of conducting the person's own

affairs, whose interest in real property has been sold, may receive in behalf of such person such

person's share of the proceeds of such real property from the referees, on executing, with

sufficient sureties, an undertaking approved by a judge of the court, that the guardian or

conservator will discharge faithfully the trust imposed in the guardian or conservator, and will

render a true and just account to the person entitled thereto or to that person's legal

representative.
N.D. Cent. Code § 32-19-29 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-29
32-19-29. Summons - How served
Status: in_force

32-19-29. Summons - How served

The summons in a foreclosure action must be served in the same manner as in any civil

action.
N.D. Cent. Code § 32-08.1-07 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-07
32-08.1-07. Officer's return - Action on bond
Status: in_force

32-08.1-07. Officer's return - Action on bond

The officer executing the writ shall return thereon all the officer's proceedings and within ten

days from receipt of the bond shall file the writ, affidavit, and bond with the clerk of the court.
N.D. Cent. Code § 32-16-13 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-13
32-16-13. Method and rule of partition
Status: in_force

32-16-13. Method and rule of partition

In making the partition, referees must divide the property and allot the several portions

thereof to the respective parties, quality and quantity relatively considered, according to the

respective rights of the parties as determined by the court, pursuant to the provisions of this

chapter, designating the several portions by proper landmarks, and may employ a surveyor with

the necessary assistants to aid them. Before making partition or sale the referees, whenever it

will be for the advantage of those interested, may set apart a portion of the property for a way,

road, or street, and the portion so set apart shall not be assigned to any of the parties, nor sold,

but shall remain an open and public way, road, or street, unless the referees shall set the same

apart as a private way for the use of the parties interested, or some of them, their heirs or

assigns, in which case it shall remain such private way.
N.D. Cent. Code § 32-40.2-01 — ND Code / Title 32 / Chapter 32-40.2 / Section 32-40.2-01
32-40.2-01. Environmental audits - Violations
Status: in_force

32-40.2-01. Environmental audits - Violations

1. As used in this section:

a. "Environmental audit" means a voluntary, internal, and comprehensive evaluation

of a facility or activity which is intended to prevent noncompliance with

environmental laws, rules, or permits enforced by a regulatory agency under

chapter 23.1-04, 23.1-06, 23.1-08, 38-08, or 61-28. An environmental audit may

be conducted by an owner, operator, or prospective owner or operator. An

employee or independent contractor may conduct an environmental audit on

behalf of the owner, operator, or prospective owner or operator.

b. "Environmental audit report" means a set of documents labeled "Environmental

Audit Report: Privileged Document" prepared as a result of an environmental

audit which must include a description of the scope of the audit; the information

gained in the audit and findings, conclusions, and recommendations; and exhibits

and appendices. The exhibits and appendices to the environmental audit report

may include interviews with current or former employees, field notes and records

of observations, findings, opinions, suggestions, conclusions, guidance, notes,

drafts, memoranda, legal analyses, drawings, photographs, laboratory analyses

and other analytical data, computer-generated or electronically recorded

information, maps, charts, graphs, and surveys and other communications

associated with an environmental audit.

c. "Regulatory agency" means the agency with regulatory authority over the facility

or activity.

d. "Willfully" has the same meaning as provided under section 12.1-02-02.

2. A regulatory agency may not pursue civil penalties for a violation found during an

environmental audit which the regulated entity discloses to the regulatory agency in

writing within forty-five days after the violation is found, unless:

a. The violation caused imminent or substantial harm to human health or the

environment;

b. The violation is found by the regulatory agency before the regulated entity

discloses the violation in writing to the regulatory agency;

c. The regulated entity does not correct the violation within sixty days of discovery

or, if correction within sixty days is not possible, within a reasonable period as

agreed upon in writing by the regulatory agency, but not to exceed three hundred

sixty-five days;

d. The regulated entity established a pattern of repeated violations of environmental

law, rule, permit, or order by committing the same or similar violation that resulted

in the imposition of a penalty by a regulatory agency more than once within two

years before the date of the disclosure;

e. The regulated entity willfully violated a state or federal environmental law, rule, or

permit;

f. The violation is a result of gross negligence, as defined under section 1-01-17; or

g. The regulatory agency assumed primacy over a federally delegated

environmental program and a waiver of penalty authority for the violation would

result in a state program less stringent than the federal program or the waiver

would violate any federal rule required to maintain primacy. If a federally

delegated program requires the imposition of a penalty for a violation, to the

extent allowed under federal law or rule, the voluntary disclosure must be

considered a mitigating factor in determining the penalty amount.

3. To qualify for a penalty exemption under subsection 2, the regulated entity shall notify

the regulatory agency in writing before beginning the environmental audit. The notice

must specify the facility or portion of the facility to be audited, the audit's anticipated

start date, and the general scope of the audit. Unless the regulatory agency agrees in

writing to an extension, the environmental audit must be completed within one hundred

eighty days of the start date. This section may not be construed to authorize

uninterrupted or continuous environmental audits.

4. Reporting a violation is mandatory if the reporting is required under chapter 23.1-04,

23.1-06, 23.1-08, 38-08, or 61-28, any rule or permit implementing those chapters, any

federal law or rule, or any administrative or court order.

5. Notwithstanding subsection 2, the regulatory agency may pursue civil penalties

against a regulated entity for a violation disclosed under this section if the regulatory

agency finds the regulated entity:

a. Intentionally misrepresented material facts concerning the violation disclosed or

the nature of extent of any damage to human health or the environment; or

b. Initiated a self-audit to avoid liability for a violation after the regulated entity's

knowledge or imminent discovery.

6. Unless the privilege is expressly waived by the regulated entity that prepared the

report, an environmental audit report is privileged and not admissible evidence in a

civil action or proceeding. The regulated entity asserting this privilege has the burden

of proving the privilege. The privilege does not apply to:

a. Information relating to the types of violations listed in subsection 2.

b. Information relating to a violation subject to a regulatory agency's finding under

subsection 5.

c. Disclosures, notifications, and other information provided by the regulated entity

to the regulatory agency under this section.

7. Failure to label a document in an exhibit or appendix to an environmental audit report

does not constitute a waiver of the audit privilege under this section or create a

presumption the privilege does not apply.
N.D. Cent. Code § 32-43-09 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-09
32-43-09. Scope of protection
Status: in_force

32-43-09. Scope of protection

A timely and sufficient correction or clarification made by a person responsible for a

publication constitutes a correction or clarification made by all persons responsible for that

publication other than a republisher. However, a correction or clarification that is sufficient only

under paragraph 3 of subdivision b of subsection 2 of section 32-43-06 does not constitute a

correction or clarification made by the person to whom the statement is attributed.
N.D. Cent. Code § 32-16-42 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-42
32-16-42. To whom infant's share paid
Status: in_force

32-16-42. To whom infant's share paid

When the share of an infant is sold, the proceeds of the sale may be paid by the referees

making the sale to the infant's guardian or conservator, if the infant has one, or as provided in

section 30.1-26-03, or to the guardian ad litem appointed for the infant in the action, upon the

guardian ad litem giving the security required by law or directed by order of the court.
N.D. Cent. Code § 32-01-08 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-08
32-01-08. Civil and criminal remedies not merged
Status: in_force

32-01-08. Civil and criminal remedies not merged

When the violation of a right admits of both a civil and a criminal remedy, the right to

prosecute the one is not merged in the other.
N.D. Cent. Code § 32-19-39 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-39
32-19-39. Judgment and decrees to be binding against whom
Status: in_force

32-19-39. Judgment and decrees to be binding against whom

All orders, judgments, or decrees entered in any action are binding upon each person

proceeded against as a defendant, whether of age or minors, and each person claiming by,

through, or under a defendant after the commencement of the action. The same are binding

upon whose interests did not appear of record in the office of the recorder, county auditor, or

clerk of the district court of the county of the action at the time of the commencement of the

action.
N.D. Cent. Code § 32-03.2-09 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-09
32-03.2-09. Periodic payments for continuing custodial care
Status: in_force

32-03.2-09. Periodic payments for continuing custodial care

If an injured party claims future economic damages for continuing institutional or custodial

care that will be required for a period of more than two years, at the discretion of the court any

party may request the trier of fact to make a special finding of the total amount awarded for this

care, separate from other future economic damages, and if a separate award is made, any party

may make periodic payments for this care in an amount approved by the court, provided

payment of the total award for this care is adequately secured. The adequacy of the periodic

payments within the limit of the total award will be subject to review by the court from time to

time, and upon the death of the injured person the obligation to provide for further continuing

care shall terminate.
N.D. Cent. Code § 32-26-05 — ND Code / Title 32 / Chapter 32-26 / Section 32-26-05
32-26-05. Sales - Fees and expenses - Subject to approval of court
Status: in_force

32-26-05. Sales - Fees and expenses - Subject to approval of court

Property of an estate shall be sold only subject to the confirmation of the district court, on

petition of the receiver or assignee, and on such notice as the court may fix. The fees and

expenses of all officers and employees shall be under the control of the court, and shall not be

paid by the receiver or assignee until approved by the court. Any transfer of any property by any

assignee or trustee or receiver shall be void unless the same shall have been approved by the

judge of the district court before whom such matter should be pending.
N.D. Cent. Code § 32-19-19 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-19
32-19-19. Injury to property restrained - Abandoned real property
Status: in_force

32-19-19. Injury to property restrained - Abandoned real property

The court, by injunction, on good cause shown, may restrain the party in possession from

doing any act to the injury of real property during the existence of the lien or foreclosure of a

mortgage on the real property and until the expiration of the time allowed for redemption. If at

the time of the commencement of the foreclosure action and at any time before the sheriff's sale

the mortgagee, or after the sheriff's sale the holder of the sheriff's certificate of sale, reasonably

believes that the property is abandoned, the mortgagee or holder of the sheriff's certificate may

allege abandonment in the complaint or petition the court to determine abandonment. If by

petition, a notice of hearing must be sent by mail to the last-known address of the mortgagor or

the party entitled to possession of the real property at least ten days prior to the date of the

hearing to determine abandonment. Service by mail is complete upon mailing. If the court

determines the real property is abandoned, the court may eliminate the redemption period in the

foreclosure judgment or, upon petition, grant the mortgagee or holder of the sheriff's certificate

immediate possession and use of the property and all benefit and rents from the property until

expiration of the redemption period. The court may consider remedies to prevent waste in a

foreclosure action or upon a petition for abandonment. The provisions of this section concerning

abandoned real property do not apply to agricultural property as defined by section 57-02-01.
N.D. Cent. Code § 32-42-03 — ND Code / Title 32 / Chapter 32-42 / Section 32-42-03
32-42-03. Alternative dispute resolution
Status: in_force

32-42-03. Alternative dispute resolution

1. Before initiating a health care malpractice action, the attorney representing a claimant

shall advise the claimant about all reasonably available alternative dispute resolution

options that may be available to the parties to settle the claim.

2. At the earliest opportunity after the attorney for a health care provider has notice of a

potential health care malpractice claim or action, the attorney shall advise the health

care provider about all reasonably available alternative dispute resolution options that

may be available to the parties to settle the claim.

3. The claimant and health care provider shall make a good-faith effort to resolve part or

all of the health care malpractice claim through alternative dispute resolution before

the claimant initiates a health care malpractice action.

4. The attorneys for the claimant and health care provider shall state in the pleadings that

they have complied with subsections 1 and 2 and that the parties have complied with

subsection 3.

5. The court may sanction an attorney who fails to comply with subsection 1 or 2.

6. Notwithstanding section 28-26-01, the court, upon a finding that a party refused to

comply with subsection 3, may award reasonable actual and statutory costs, including

part or all of the attorney's fees to the prevailing party or parties.
N.D. Cent. Code § 32-49-03 — ND Code / Title 32 / Chapter 32-49 / Section 32-49-03
32-49-03. Exceptions to liability
Status: in_force

32-49-03. Exceptions to liability

1. As used in this section:

a. "Child" means an unemancipated individual who is less than eighteen years of

age.

b. "Parent" means an individual recognized as a parent under a law of this state

other than this chapter.

2. A person is not liable under this chapter if the person proves that disclosure of, or a

threat to disclose, an intimate image was:

a. Made in good faith:

(1) By law enforcement;

(2) In a legal proceeding; or

(3) For medical education or treatment;

b. Made in good faith in the reporting or investigation of:

(1) Unlawful conduct; or

(2) Unsolicited and unwelcome conduct;

c. Related to a matter of public concern or public interest; or

d. Reasonably intended to assist the depicted individual.

3. Subject to subsection 4, a defendant who is a parent or legal guardian of a child is not

liable under this chapter for a disclosure or threatened disclosure of an intimate image

of the child.

4. If a defendant asserts an exception to liability under subsection 3, the exception does

not apply if the plaintiff proves the disclosure was:

a. Prohibited by law other than this chapter; or

b. Made for the purpose of sexual arousal, sexual gratification, humiliation,

degradation, or monetary or commercial gain.
N.D. Cent. Code § 32-10.1-10 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-10
32-10.1-10. Collection and turnover of receivership property
Status: in_force

32-10.1-10. Collection and turnover of receivership property

1. Unless the court orders otherwise, on demand by a receiver:

a. A person that owes a debt that is receivership property and is matured or payable

on demand or on order shall pay the debt to or on the order of the receiver,

except to the extent the debt is subject to setoff or recoupment; and

b. Subject to subsection 3, a person that has possession, custody, or control of

receivership property shall turn the property over to the receiver.

2. A person that has notice of the appointment of a receiver and owes a debt that is

receivership property may not satisfy the debt by payment to the owner.

3. If a creditor has possession, custody, or control of receivership property and the

validity, perfection, or priority of the creditor's lien on the property depends on the

creditor's possession, custody, or control, the creditor may retain possession, custody,

or control until the court orders adequate protection of the creditor's lien.

4. Unless a bona fide dispute exists about a receiver's right to possession, custody, or

control of receivership property, the court may sanction a person's failure to turn the

property over when required by this section as civil contempt.
N.D. Cent. Code § 32-03.3-02 — ND Code / Title 32 / Chapter 32-03.3 / Section 32-03.3-02
32-03.3-02. Liability of charitable organizations - Limitations - Statute of limitations (Effective through June 30, 2029)
Status: in_force

32-03.3-02. Liability of charitable organizations - Limitations - Statute of limitations

(Effective through June 30, 2029)

1. A charitable organization may be only held liable for money damages for a personal

injury or property damage proximately caused by the negligence or wrongful act or

omission of an employee acting within the employee's scope of employment.

2. The liability of the charitable organization under this chapter is limited to a total of three

hundred seventy-five thousand dollars per person and one million dollars for any

number of claims arising from any single occurrence. The charitable organization may

not be held liable, or be ordered to indemnify an employee held liable, for punitive or

exemplary damages. The liability limits under this subsection must be adjusted

annually as follows:

a. On July 1, 2025, a total of four hundred six thousand two hundred fifty dollars per

person and one million six hundred twenty-five thousand dollars for any single

occurrence.

b. On July 1, 2026, a total of four hundred thirty-seven thousand five hundred

dollars per person and one million seven hundred fifty thousand dollars for any

single occurrence.

c. On July 1, 2027, a total of four hundred sixty-eight thousand seven hundred fifty

dollars per person and one million eight hundred seventy-five thousand dollars

per occurrence.

3. An action brought under this chapter must be commenced within the period provided

in chapter 28-01.

Liability of charitable organizations - Limitations - Statute of limitations. (Effective

after June 30, 2029)

1. A charitable organization may be only held liable for money damages for a personal

injury or property damage proximately caused by the negligence or wrongful act or

omission of an employee acting within the employee's scope of employment.

2. The liability of the charitable organization under this chapter is limited to a total of five

hundred thousand dollars per person and two million dollars for any number of claims

arising from any single occurrence. The charitable organization may not be held liable,

or be ordered to indemnify an employee held liable, for punitive or exemplary

damages.

3. An action brought under this chapter must be commenced within the period provided

in chapter 28-01.
N.D. Cent. Code § 32-18-06 — ND Code / Title 32 / Chapter 32-18 / Section 32-18-06
32-18-06. Counterclaim - Injunction against canceling contract
Status: in_force

32-18-06. Counterclaim - Injunction against canceling contract

When it shall be made to appear by affidavit of the vendee or purchaser, or the vendee's or

purchaser's assigns, agent, or attorney, to the satisfaction of a judge of the district court of the

county where the property is situated, that the vendee or purchaser, or the vendee's or

purchaser's assigns, has a legal counterclaim or any other valid defense against the collection

of the whole or any part of the amount claimed to be due on such contract, such judge, by an

order to that effect, may enjoin the vendor or the vendor's successor in interest from the

cancellation of such contract by notice and may direct that all further proceedings for the

cancellation be had in the district court properly having jurisdiction of the subject matter, and, for

the purpose of carrying out the provisions thereof, service may be made upon the vendor or the

vendor's assigns or upon the vendor's attorney or agent.
N.D. Cent. Code § 32-15-07 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-07
32-15-07. Proceedings by civil action
Status: repealed

32-15-07. Proceedings by civil action

Repealed by omission from this code.
N.D. Cent. Code § 32-30-07 — ND Code / Title 32 / Chapter 32-30 / Section 32-30-07
32-30-07. Pleadings verified
Status: in_force

32-30-07. Pleadings verified

The answer and reply must be verified in the like cases and manner and be subject to the

same rules as the answer and reply in a civil action.
N.D. Cent. Code § 32-14-07 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-07
32-14-07. Forfeitures - How recovered by city, corporation, or limited liability company
Status: in_force

32-14-07. Forfeitures - How recovered by city, corporation, or limited liability

company.

All forfeitures imposed by any bylaw, ordinance, or regulation of any city or of any

corporation or limited liability company organized under the laws of this state, when special

provision is not otherwise made by law for their recovery nor punishment provided for the act or

omission for which they are imposed, may be sued for and recovered pursuant to this chapter. It

shall be sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the

amount of the forfeiture claimed, specifying the bylaw, ordinance, or regulation which imposes it.

And when such bylaw, ordinance, or regulation imposes a penalty or forfeiture for several

offenses or delinquencies, it shall specify the particular offense or delinquency for which the

action brought, with a demand for a judgment for the amount of such forfeiture. All money

collected on such judgment shall be paid to the city auditor or the treasurer of the corporation or

limited liability company.
N.D. Cent. Code § 32-12.2-19 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-19
32-12.2-19. Data breach response and remediation costs
Status: in_force

32-12.2-19. Data breach response and remediation costs

The director of the office of management and budget may pay from the risk management

fund costs necessary for notification and remediation following a data breach involving a state

entity. The director of the office of management and budget, in consultation with the information

technology department and the state entity involved, shall determine what measures are to be

taken under this section. Expenditures under this section are limited to two hundred fifty

thousand dollars per incident and may be made only to the extent the risk management fund

can continue to meet current and future liability obligations and the response and remediation

costs are not covered through insurance. The director may purchase insurance and approve the

purchase of insurance by state entities to cover data breach response and remediation costs.

Each state entity shall contribute the appropriate share of its costs under this section as

determined by the director.
N.D. Cent. Code § 32-05-05 — ND Code / Title 32 / Chapter 32-05 / Section 32-05-05
32-05-05. When injunction not granted
Status: in_force

32-05-05. When injunction not granted

An injunction cannot be granted:

1. To stay a judicial proceeding pending at the commencement of the action in which the

injunction is demanded, unless such restraint is necessary to prevent a multiplicity of

such proceedings.

2. To stay proceedings in a court of the United States.

3. To stay proceedings in any other state upon a judgment of a court of that state.

4. To prevent the execution of a public statute by officers of the law for the public benefit.

5. To prevent the breach of a contract, the performance of which could not be specifically

enforced.

6. To prevent the exercise of a public or private office in a lawful manner by the person in

possession.

7. To prevent a legislative act by a municipal corporation.
N.D. Cent. Code § 32-03.1-06 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-06
32-03.1-06. Limited repealer
Status: in_force

32-03.1-06. Limited repealer

This chapter supersedes any conflicting provision of law which is inconsistent with this

chapter except sections 23-27-04.1, 32-03-40, 32-03-42, 39-08-04.1, 43-12.1-12, 43-17-37, and

43-17-38.
N.D. Cent. Code § 32-03.1-05 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-05
32-03.1-05. Exceptions
Status: in_force

32-03.1-05. Exceptions

This chapter does not encompass a person who, at the time of the emergency, was

employed expressly or actually for the purpose of providing emergency medical aid to humans,

either within or outside of a hospital or other place or vehicle with medical equipment, for

emergency medical aid or other assistance rendered in the regular course of the person's

employment. Such persons and their employers are liable for their acts and omissions in

rendering emergency medical aid in the regular course of their employment, according to the

prevailing law in this state.
N.D. Cent. Code § 32-46.2-01 — ND Code / Title 32 / Chapter 32-46.2 / Section 32-46.2-01
32-46.2-01. Definitions
Status: in_force

32-46.2-01. Definitions

In this chapter, unless the context otherwise requires:

1. "AMA guides" means the "Guides to the Evaluation of Permanent Impairment",

American medical association, (6th edition).

2. "Asbestos action" means the same as that term is defined in section 32-46.1-01.

3. "Asbestosis" means bilateral diffuse interstitial fibrosis of the lungs caused by

inhalation of asbestos fibers.

4. "Board-certified in internal medicine" means a licensed physician who is certified by

the American board of internal medicine or the American osteopathic board of internal

medicine.

5. "Board-certified in occupational medicine" means a licensed physician who is certified

in the specialty of occupational medicine by the American board of preventive

medicine or the specialty of occupational/environmental medicine by the American

osteopathic board of preventive medicine.

6. "Board-certified in oncology" means a licensed physician who is certified in the

subspecialty of medical oncology by the American board of internal medicine or the

American osteopathic board of internal medicine.

7. "Board-certified in pathology" means a licensed physician who holds primary

certification in anatomic pathology or clinical pathology from the American board of

pathology or the American osteopathic board of pathology and whose professional

practice is principally in the field of pathology and involves regular evaluation of

pathology materials obtained from surgical or postmortem specimens.

8. "Board-certified in pulmonary medicine" means a licensed physician who is certified in

the specialty of pulmonary medicine by the American board of internal medicine or the

American osteopathic board of internal medicine.

9. "Certified B-reader" means an individual who is certified as a national institute for

occupational safety and health final or B-reader of x-rays under title 42, Code of

Federal Regulations, part 37.51(b).

10. "Chest x-ray" means chest films taken in accordance with all applicable state and

federal regulatory standards and taken in the posterior-anterior view.

11. "DLCO" means diffusing capacity of the lung for carbon monoxide, which is the

measurement of carbon monoxide transfer from inspired gas to pulmonary capillary

blood.

12. "Exposed individual" means an individual whose exposure to asbestos is the basis for

an asbestos action.

13. "FEV1" means forced expiratory volume in the first second, which is the maximal

volume of air expelled in one second during performance of simple spirometric tests.

14. "FEV1/FVC" means the ratio between the actual values for FEV1 over FVC.

15. "FVC" means forced vital capacity, which is the maximal volume of air expired with

maximum effort from a position of full inspiration.

16. "ILO system" and "ILO scale" mean the radiological ratings and system for the

classification of chest x-rays of the international labour office provided in "Guidelines

for the Use of ILO International Classification of Radiographs of Pneumoconioses"

(2011).

17. "Nonmalignant condition" means any condition that may be caused by asbestos other

than a diagnosed cancer.

18. "Official statements of the American thoracic society" means the lung function testing

standards set forth in the technical standards of the American thoracic society,

including "Standardization of Spirometry" (2019), "Standardisation of the Measurement

of Lung Volumes" (2005), "Standards for Single-breath Carbon Monoxide Uptake in

the Lung" (2017), and "Interpretive Strategies for Lung Function Tests" (2005).

19. "Pathological evidence of asbestosis" means a statement by a board-certified

pathologist that more than one representative section of lung tissue uninvolved with

any other disease process demonstrates a pattern of peribronchiolar or parenchymal

scarring in the presence of characteristic asbestos bodies graded 1(B) or higher under

the criteria published in "Asbestos-Associated Diseases", 106 Archive of Pathology

and Laboratory Medicine 11, Appendix 3 (October 8, 1982).

20. "Plaintiff" means the same as that term is defined in section 32-46.1-01.

21. "Plethysmography" means the test for determining lung volume in which the exposed

individual is enclosed in a chamber equipped to measure pressure, flow, or volume

change.

22. "Predicted lower limit of normal" means the test value that is the calculated standard

convention lying at the fifth percentile, below the upper ninety-five percent of the

reference population, based on age, height, and gender, according to the

recommendations by the American thoracic society and as referenced in the

AMA guides.

23. "Product liability action" means the same as defined in section 28-01.3-01.

24. "Pulmonary function test" means spirometry, lung volume testing, and diffusion

capacity testing, including appropriate measurements, quality control data, and

graphs, performed in accordance with the methods of calibration and techniques

provided in the AMA guides and all standards provided in the official statements of the

American thoracic society.

25. "Qualified physician" means a licensed physician who is board-certified in internal

medicine, pathology, pulmonary medicine, occupational medicine, or oncology, as may

be appropriate to the diagnostic specialty in question, and who:

a. Conducted a physical examination of the exposed individual and has taken a

detailed occupational, exposure, medical, smoking, and social history from the

exposed individual, or if the exposed individual is deceased, has reviewed the

pathology material and has taken a detailed history from the individual most

knowledgeable about the information forming the basis of the asbestos action;

b. Treated or is treating the exposed individual, and has a doctor-patient relationship

with the exposed individual at the time of the physical examination, or in the case

of a board-certified pathologist, examined tissue samples or pathological slides of

the exposed individual at the request of the treating physician;

c. Has not relied on any examinations, tests, radiographs, reports, or opinions of

any doctor, clinic, laboratory, or testing company that performed an examination,

test, radiograph, or screening of the exposed individual in violation of any law,

regulation, licensing requirement, or medical code of practice of the state in which

the examination, test, or screening was conducted; and

d. Prepared or directly supervised the preparation and final review of any medical

report under this chapter.

26. "Radiological evidence of asbestosis" means a quality 1 chest x-ray under the

ILO system, or a quality 2 chest x-ray in a death case when no pathology or quality 1

chest x-ray is available, showing bilateral small, irregular opacities (s, t, or u) occurring

primarily in the lower lung zones graded by a certified B-reader as at least 1/1 on the

ILO scale.

27. "Radiological evidence of diffuse bilateral pleural thickening" means a quality 1 chest

x-ray under the ILO system, or a quality 2 chest x-ray in a death case when no

pathology or quality 1 chest x-ray is available, showing diffuse bilateral pleural

thickening of at least b2 on the ILO scale and blunting of at least one costophrenic

angle as classified by a certified B-reader.

28. "Spirometry" means a test of air capacity of the lung through a spirometer to measure

the volume of air inspired and expired.

29. "Supporting test results" means B-reading and B-reader reports, reports of x-ray

examinations, diagnostic imaging of the chest, pathology reports, pulmonary function

tests, and all other tests reviewed by the diagnosing physician or a qualified physician

in reaching the physician's conclusions.

30. "Timed gas dilution" means a method for measuring total lung capacity in which the

subject breathes into a spirometer containing a known concentration of an inert and

insoluble gas for a specific time, and the concentration of that inert and insoluble gas

in the lung is compared to the concentration of that type of gas in the spirometer.

31. "Total lung capacity" means the volume of gas contained in the lungs at the end of a

maximal inspiration.
N.D. Cent. Code § 32-10.1-24 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-24
32-10.1-24. Effect of enforcement by mortgagee
Status: in_force

32-10.1-24. Effect of enforcement by mortgagee

1. A request by a mortgagee for appointment of a receiver, the appointment of a receiver,

or application by a mortgagee of receivership property or proceeds to the secured

obligation does not:

a. Make the mortgagee a mortgagee in possession of the real property;

b. Make the mortgagee an agent of the owner;

c. Constitute an election of remedies that precludes a later action to enforce the

secured obligation;

d. Make the secured obligation unenforceable;

e. Limit any right available to the mortgagee with respect to the secured obligation;

or

f. Except as otherwise provided in subsection 2, bar a deficiency judgment in

accordance with any other provision of law governing or relating to a deficiency

judgment.

2. If a receiver sells receivership property that under subsection 3 of section 32-10.1-15

is free of a lien, the ability of a creditor to enforce an obligation that had been secured

by the lien is subject to the law of this state other than this chapter relating to a

deficiency judgment.
N.D. Cent. Code § 32-03.4-04 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-04
32-03.4-04. Effects of transfer of structured settlement payment rights
Status: in_force

32-03.4-04. Effects of transfer of structured settlement payment rights

Following a transfer of structured settlement payment rights under this chapter:

1. The structured settlement obligor and the annuity issuer are discharged and released

from all liability for the transferred payments as to all parties except the transferee;

2. The transferee is liable to the structured settlement obligor and the annuity issuer:

a. If the transfer contravenes the terms of the structured settlement, for any taxes

incurred by those parties as a consequence of the transfer; and

b. For any other liabilities or costs, including reasonable costs and attorney's fees,

arising from compliance by those parties with the order of the court or arising as a

consequence of the transferee's failure to comply with this chapter;

3. Neither the annuity issuer nor the structured settlement obligor may be required to

divide any periodic payment between the payee and any transferee or assignee or

between two or more transferees or assignees; and

4. Any further transfer of structured settlement payment rights by the payee may be

made only after compliance with all of the requirements of this chapter.
N.D. Cent. Code § 32-16-31 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-31
32-16-31. Terms of sale made known at time of sale - Separate parcels
Status: in_force

32-16-31. Terms of sale made known at time of sale - Separate parcels

In all cases of sales of property the terms must be made known at the time of sale, and if

the premises consist of distinct farms or lots, they must be sold separately.
N.D. Cent. Code § 32-12.1-09 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-09
32-12.1-09. Duties of insurance commissioner
Status: in_force

32-12.1-09. Duties of insurance commissioner

The commissioner shall be responsible for determining the specifications for the liability

insurance covering the areas of risk as specified in this chapter. The commissioner shall require

the insurance company to guarantee that its policy provides minimum coverages pursuant to

required specifications. The commissioner may certify to political subdivisions obtaining liability

insurance from an insurance company whether such company is responsible and financially

sound considering the extent of coverage which the insurance company is offering.
N.D. Cent. Code § 32-16-18 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-18
32-16-18. Liens follow owner's share
Status: in_force

32-16-18. Liens follow owner's share

When a lien is on an undivided interest or estate of any party, such lien, if partition is made,

thenceforth shall be a charge only on the share assigned to such party, but such share first must

be charged with its just proportion of the costs of the partition, in preference to such lien.
N.D. Cent. Code § 32-29.3-22 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-22
32-29.3-22. Confirmation of award
Status: in_force

32-29.3-22. Confirmation of award

After a party to an arbitration proceeding receives notice of an award, the party may make a

motion to the court for an order confirming the award at which time the court shall issue a

confirming order unless the award is modified or corrected pursuant to section 32-29.3-20 or

32-29.3-24 or is vacated pursuant to section 32-29.3-23.
N.D. Cent. Code § 32-19-22 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-22
32-19-22. Notice may be served by mail
Status: in_force

32-19-22. Notice may be served by mail

The notice before foreclosure may be served by mail, as provided in rule 4 of the North

Dakota Rules of Civil Procedure, addressed to the owner of record at the owner's post-office

address in the mortgage or by the records in the chain of title of the recorder of the county

where the real estate is situated. If the post-office address is not shown in the mortgage or in

the records, the notice may be served as provided in rule 4 of the North Dakota Rules of Civil

Procedure, addressed to the owner of record at the post office nearest any part or tract of the

real estate.
N.D. Cent. Code § 32-03-13 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-13
32-03-13. Damages for breach of agreement to convey realty
Status: in_force

32-03-13. Damages for breach of agreement to convey realty

The detriment caused by the breach of an agreement to convey an estate in real property is

the difference between the price agreed to be paid and the value of the estate agreed to be

conveyed at the time of the breach and the expenses properly incurred in examining the title,

and in preparing to enter upon the land, and the amount paid on the purchase price, if any, with

interest thereon from the time of the breach.
N.D. Cent. Code § 32-10.1-08 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-08
32-10.1-08. Status of receiver as lien creditor
Status: in_force

32-10.1-08. Status of receiver as lien creditor

On appointment of a receiver, the receiver has the status of a lien creditor under:

1. Chapter 41-09 as to receivership property that is personal property or fixtures; and

2. Chapter 47-19 as to receivership property that is real property.
N.D. Cent. Code § 32-38-01 — ND Code / Title 32 / Chapter 32-38 / Section 32-38-01
32-38-01. Right to contribution
Status: in_force

32-38-01. Right to contribution

1. Except as otherwise provided in this chapter, if two or more persons become jointly or

severally liable in tort for the same injury to person or property or for the same

wrongful death, there is a right of contribution among them even though judgment has

not been recovered against all or any of them.

2. The right of contribution exists only in favor of a tort-feasor who has paid more than

that tort-feasor's pro rata share of the common liability, and that tort-feasor's total

recovery is limited to the amount paid by that tort-feasor in excess of that tort-feasor's

pro rata share. No tort-feasor is compelled to make contribution beyond that

tort-feasor's own pro rata share of the entire liability.

3. There is no right of contribution in favor of any tort-feasor who has intentionally

(willfully or wantonly) caused or contributed to the injury or wrongful death.

4. A tort-feasor who enters into a settlement with a claimant is not entitled to recover

contribution from another tort-feasor whose liability for the injury or wrongful death is

not extinguished by the settlement nor in respect to any amount paid in a settlement

which is in excess of what was reasonable.

5. A liability insurer, who by payment has discharged in full or in part the liability of a

tort-feasor and has thereby discharged in full its obligation as insurer, is subrogated to

the tort-feasor's right of contribution to the extent of the amount it has paid in excess of

the tort-feasor's pro rata share of the common liability. This provision does not limit or

impair any right of subrogation arising from any other relationship.

6. This chapter does not impair any right or indemnity under existing law. If one

tort-feasor is entitled to indemnity from another, the right of the indemnity obligee is for

indemnity and not contribution, and the indemnity obligor is not entitled to contribution

from the obligee for any portion of the obligor's indemnity obligation.

7. This chapter shall not apply to breaches of trust or of other fiduciary obligation.
N.D. Cent. Code § 32-03-57 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-57
32-03-57. Liquefied petroleum gas dealers immunity from civil liability
Status: in_force

32-03-57. Liquefied petroleum gas dealers immunity from civil liability

1. Any person engaged in this state in the business of selling at retail, supplying,

handling, or transporting liquefied petroleum gas is immune from civil liability if the

direct cause of any loss, damage, or injury was caused by the alteration, modification,

or repair of liquefied petroleum gas equipment or a liquefied petroleum gas appliance if

the alteration, modification, or repair was done without the knowledge and consent of

the liquefied petroleum gas seller, supplier, handler, or transporter or was completed

by a person not certified to repair the equipment or appliance.

2. This section applies only to fixed liquefied petroleum gas fuel systems. "Fixed liquefied

petroleum gas fuel system" means an installation with a maximum operating pressure

of one hundred twenty-five pounds per square inch [861.84 kilopascal] or less and

includes the container assembly, pressure regulator, piping system, gas utilization

equipment and components, and venting system in residential, commercial, or

institutional installations.
N.D. Cent. Code § 32-17-11 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-11
32-17-11. Judgment - When right fails after action brought
Status: in_force

32-17-11. Judgment - When right fails after action brought

In an action for the recovery of real property, when a party shows a right to recover at the

time when the action was commenced, but it appears that the party's right has terminated

during the pendency of the action, the findings and judgment must be according to the facts,

and the party may recover whatever such party may show such party is entitled to up to the time

that the party's right terminated.
N.D. Cent. Code § 32-17-17 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-17
32-17-17. Alienation not to affect action
Status: in_force

32-17-17. Alienation not to affect action

An action for the recovery of real property against a person in possession cannot be

prejudiced by any alienation made by such person either before or after the commencement of

the action.
N.D. Cent. Code § 32-19-14 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-14
32-19-14. Referee to view premises
Status: repealed

32-19-14. Referee to view premises

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-46.1-05 — ND Code / Title 32 / Chapter 32-46.1 / Section 32-46.1-05
32-46.1-05. Trust record
Status: in_force

32-46.1-05. Trust record

At least thirty days before trial, the plaintiff shall provide the court with documentation

identifying each claim the plaintiff has made against an asbestos trust. The court shall enter the

documentation into the record.
N.D. Cent. Code § 32-13-02 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-02
32-13-02. Who plaintiff
Status: in_force

32-13-02. Who plaintiff

When an action under this chapter is prosecuted by the attorney general, the state of North

Dakota shall be plaintiff. When it is prosecuted by a private person, such person shall be the

plaintiff therein and the proceedings in such action shall be the same as in an action by a private

person, except as otherwise specially provided.
N.D. Cent. Code § 32-08.1-04 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-04
32-08.1-04. Amendment to affidavit
Status: in_force

32-08.1-04. Amendment to affidavit

The affidavit required by section 32-08.1-03 may be amended at any time before the trial by

the substitution of a new affidavit containing allegations of facts existing at the time of making

the former affidavit.
N.D. Cent. Code § 32-01-04 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-04
32-01-04. Special proceeding defined
Status: in_force

32-01-04. Special proceeding defined

A special proceeding is any remedy other than an action.
N.D. Cent. Code § 32-03-36 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-36
32-03-36. Recovery not more than gained by performance
Status: in_force

32-03-36. Recovery not more than gained by performance

Notwithstanding the provisions of this chapter, no person can recover a greater amount in

damages for the breach of an obligation than the person could have gained by the full

performance thereof on both sides, except in the cases wherein exemplary damages or penal

damages are authorized, and in the case specified in section 36-21-13.
N.D. Cent. Code § 32-18-02 — ND Code / Title 32 / Chapter 32-18 / Section 32-18-02
32-18-02. Default - Contents of notice
Status: in_force

32-18-02. Default - Contents of notice

Whenever any default shall have been made in the terms or conditions of any such

instrument for future conveyance of real estate or equity therein, and the owner or vendor shall

desire to cancel or terminate the same, the owner or vendor, within a reasonable time after such

default, shall cause a written notice to be served upon the vendee or purchaser, or the vendee's

or purchaser's assigns, stating that such default occurred and that said contract will be canceled

or terminated, and the time when said cancellation or termination shall take effect, which shall

be as provided in section 32-18-04.
N.D. Cent. Code § 32-21-01 — ND Code / Title 32 / Chapter 32-21 / Section 32-21-01
32-21-01. When action for death by wrongful act maintainable
Status: in_force

32-21-01. When action for death by wrongful act maintainable

Whenever the death of a person shall be caused by a wrongful act, neglect, or default, and

the act, neglect, or default is such as would have entitled the party injured, if death had not

ensued, to maintain an action and recover damages in respect thereof, then and in every such

case the person who, or the corporation, limited liability company, or company which, would

have been liable if death had not ensued, shall be liable to an action for damages,

notwithstanding the death of the person injured or of the tort-feasor, and although the death

shall have been caused under such circumstances as amount in law to felony.
N.D. Cent. Code § 32-16-41 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-41
32-16-41. Compensation for inequality
Status: in_force

32-16-41. Compensation for inequality

When it appears that the partition cannot be made equal between the parties according to

their respective rights without prejudice to the rights and interests of some of them, and a

partition is ordered, the court may adjudge compensation to be made by one party to another on

account of the inequality, but such compensation shall not be required to be made to others by

owners unknown, nor by an infant, unless it appears that such infant has personal property

sufficient for that purpose and that the infant's interest will be promoted thereby. In all cases, the

court has power to make compensatory adjustment between the respective parties according to

the ordinary principles of equity.
N.D. Cent. Code § 32-16-20 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-20
32-16-20. How proceeds of encumbered property applied
Status: in_force

32-16-20. How proceeds of encumbered property applied

The proceeds of the sale of encumbered property must be applied under the direction of the

court as follows:

1. To pay its just proportion of the general costs of the action.

2. To pay the costs of the reference.

3. To satisfy and cancel of record the several liens in their order of priority, by payment of

the sums due and to become due, and the amount due to be verified by affidavit at the

time of payment.

4. The residue among the owners of the property sold, according to their respective

shares therein.
N.D. Cent. Code § 32-28-01 — ND Code / Title 32 / Chapter 32-28 / Section 32-28-01
32-28-01. Court authorized to change name of persons and cities
Status: in_force

32-28-01. Court authorized to change name of persons and cities

The district court shall have the authority to change the names of persons and cities within

this state.