N.D. Cent. Code § 32-17-20 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-20
32-17-20. Claimants on public land
Status: in_force

32-17-20. Claimants on public land

Any person settled upon the public lands belonging to the United States on which

settlement is not prohibited expressly by Congress, or some department of the general

government, may maintain an action for any injuries done to the same, or an action to recover

the possession thereof, in the same manner as if the person possessed a fee simple title to

such lands.
N.D. Cent. Code § 32-04-18 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-18
32-04-18. Intention to make equitable agreement presumed
Status: in_force

32-04-18. Intention to make equitable agreement presumed

For the purpose of revising a contract, it must be presumed that all the parties thereto

intended to make an equitable and conscientious agreement.
N.D. Cent. Code § 32-03-46 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-46
32-03-46. Immunity of volunteer athletic coaches and officials
Status: in_force

32-03-46. Immunity of volunteer athletic coaches and officials

1. Any person who provides services or assistance free of charge, except for

reimbursement of expenses, as an athletic coach, manager, or official for a sports

team which is organized or performing pursuant to a nonprofit or similar charter is

immune from civil liability for any act or omission resulting in damage or injury to a

player or participant if at the time of the act or omission all the following are met:

a. The person who caused the damage or injury was acting in good faith and in the

scope of that person's duties for the sports team.

b. The act or omission did not constitute willful misconduct or gross negligence.

c. The coach, manager, or official had participated in a safety orientation and

training program established by the league or team with which the person is

affiliated.

2. This section does not grant immunity to:

a. Any person causing damage as the result of the negligent operation of a motor

vehicle.

b. Any person for any damage caused by that person permitting a sports

competition or practice to be conducted without supervision.

c. Any athletic coach, manager, or official providing service as a part of a public or

private educational institution's athletic program.
N.D. Cent. Code § 32-03.3-01 — ND Code / Title 32 / Chapter 32-03.3 / Section 32-03.3-01
32-03.3-01. Definitions
Status: in_force

32-03.3-01. Definitions

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

1. "Charitable organization" means a nonprofit organization whose primary purpose is for

relief of poor, disabled, underprivileged, or abused persons, support of youth and

youth programs, or the prevention of abuse to children and vulnerable adults.

2. "Claim" means any claim for money damages brought against a charitable

organization or an employee of the charitable organization for an injury caused by the

charitable organization or an employee of the charitable organization acting within the

scope of the employee's employment.

3. "Employee" means every present or former officer or employee of the charitable

organization or any person acting on behalf of the charitable organization in an official

capacity, temporarily or permanently, with or without compensation.

4. "Injury" means personal injury, death, or property damage.

5. "Occurrence" means an accident, including continuous or repeated exposure to a

condition, which results in an injury.

6. "Personal injury" includes bodily injury, mental injury, sickness, or disease sustained by

a person and injury to a person's rights or reputation.

7. "Property damage" includes injury to or destruction of tangible or intangible property.

8. "Scope of employment" means the employee was acting on behalf of the charitable

organization in the performance of duties or tasks of the charitable organization

assigned to the employee by the charitable organization.
N.D. Cent. Code § 32-17-01 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-01
32-17-01. Action to determine adverse claims
Status: in_force

32-17-01. Action to determine adverse claims

An action may be maintained by any person having an estate or an interest in, or lien or

encumbrance upon, real property, whether in or out of possession thereof and whether such

property is vacant or unoccupied, against any person claiming an estate or interest in, or lien or

encumbrance upon, the same, for the purpose of determining such adverse estate, interest,

lien, or encumbrance.
N.D. Cent. Code § 32-40.1-01 — ND Code / Title 32 / Chapter 32-40.1 / Section 32-40.1-01
32-40.1-01. Definitions
Status: in_force

32-40.1-01. Definitions

As used in this chapter:

1. "Lender-owner" means any person who by virtue of foreclosure, whether by action,

advertisement, or voluntary, nonjudicial foreclosure, or upon receipts of an assignment,

bill of sale, or deed in lieu of foreclosure, becomes the owner of property.

2. "Representative" means any person acting in the capacity of a receiver, conservator,

guardian ad litem, personal representative of a deceased person, or trustee or

fiduciary of property, except a trustee or a fiduciary is limited to an entity acting as

trustee or fiduciary and which is chartered by the state banking commissioner, the

office of the United States comptroller of the currency, or the office of thrift supervision.

3. "Third party" means a person other than a governmental entity, seeking to enforce a

federal, state, or local environmental statute, ordinance, rule, permit, or order.

4. "Third-party liability" means liability to a third party for any claim arising out of or

resulting from contamination or pollution, including a claim for personal injury,

consequential damages, lost profits, exemplary damages, or property damages.
N.D. Cent. Code § 32-03-14 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-14
32-03-14. Damages for breach of agreement to buy realty
Status: in_force

32-03-14. Damages for breach of agreement to buy realty

The detriment caused by the breach of an agreement to purchase an estate in real property

is deemed to be the excess, if any, of the amount which would have been due to the seller

under the contract over the value of the property.
N.D. Cent. Code § 32-03.2-08 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-08
32-03.2-08. Review of reasonableness of economic damages
Status: in_force

32-03.2-08. Review of reasonableness of economic damages

In addition to any other remedy provided by law and after a jury award of economic

damages, any party responsible for the payment of any part thereof may request a review of the

reasonableness of the award by the court as follows:

1. Awards in excess of two hundred fifty thousand dollars before reduction for

contributory fault and collateral source payments are subject to review for

reasonableness under this chapter.

2. The burden is on the moving party to establish that the amount of economic damage

awarded was not reasonable in that it does not bear a reasonable relation to the

economic damage incurred and to be incurred as proven by the party recovering the

award.

3. If the court finds that the jury award of economic damages is unreasonable, the court

shall reduce the award to reasonable economic damages.
N.D. Cent. Code § 32-03-31 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-31
32-03-31. What value of property to seller deemed to be
Status: in_force

32-03-31. What value of property to seller deemed to be

In estimating damages, the value of property to a seller thereof is deemed to be the price

which the seller could have obtained therefor in the market nearest to the place at which it

should have been accepted by the buyer and at such time after the breach of the contract as

would have sufficed with reasonable diligence for the seller to effect a resale.
N.D. Cent. Code § 32-03-08 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-08
32-03-08. When minor or incompetent subjected to exemplary damages
Status: in_force

32-03-08. When minor or incompetent subjected to exemplary damages

A minor or person of unsound mind cannot be subjected to exemplary damages unless at

the time of the act the minor or person of unsound mind was capable of knowing that it was

wrongful.
N.D. Cent. Code § 32-03.4-01 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-01
32-03.4-01. Definitions
Status: in_force

32-03.4-01. Definitions

For purposes of this chapter:

1. "Annuity issuer" means an insurer that has issued a contract to fund periodic

payments under a structured settlement.

2. "Dependent" includes a payee's spouse and minor children and all other persons for

whom the payee is legally obligated to provide support, including alimony or support.

3. "Discounted present value" means the present value of future payments determined

by discounting those payments to the present using the most recently published

applicable federal rate for determining the present value of an annuity, as issued by

the United States internal revenue service.

4. "Gross advance amount" means the sum payable to the payee or for the payee's

account as consideration for a transfer of structured settlement payment rights before

any reductions for transfer expenses or other deductions to be made from such

consideration.

5. "Independent professional advice" means advice of an attorney, certified public

accountant, actuary, or other licensed professional adviser:

a. Who is engaged by a claimant or payee to render advice concerning the legal,

tax, and financial implications of a structured settlement or a transfer of structured

settlement payment rights;

b. Who is not in any manner affiliated with or compensated by the defendant in the

settlement or the transferee of the transfer; and

c. Whose compensation for rendering the advice is not affected by whether a

settlement or transfer occurs or does not occur.

6. "Interested party" means, with respect to any structured settlement, the payee, any

beneficiary irrevocably designated under the annuity contract to receive payments

following the payee's death, the annuity issuer, the structured settlement obligor, and

any other party that has continuing rights or obligations under the structured

settlement.

7. "Net advance amount" means the gross advance amount less the aggregate amount

of the actual and estimated transfer expenses required to be disclosed under

subsection 5 of section 32-03.4-02.

8. "Payee" means an individual who is receiving tax-free payments under a structured

settlement and proposes to make a transfer of payment rights under the structured

settlement.

9. "Periodic payments" includes both recurring payments and scheduled future lump sum

payments.

10. "Qualified assignment agreement" means an agreement providing for a qualified

assignment within the meaning of section 130 of the Internal Revenue Code

[26 U.S.C. 130], as amended.

11. "Settled claim" means the original tort claim or workers' compensation claim resolved

by a structured settlement.

12. "Structured settlement" means an arrangement for periodic payment of damages for

personal injuries or sickness established by settlement or judgment in resolution of a

tort claim or for periodic payments in settlement of a workers' compensation claim.

13. "Structured settlement agreement" means the agreement, judgment, stipulation, or

release embodying the terms of a structured settlement.

14. "Structured settlement obligor" means, with respect to any structured settlement, the

party that has the continuing obligation to make periodic payments to the payee under

a structured settlement agreement or a qualified assignment agreement.

15. "Structured settlement payment rights" means rights to receive periodic payments

under a structured settlement, whether from the structured settlement obligor or the

annuity issuer, if at least one of the following applies:

a. The payee is domiciled in, or the domicile or principal place of business of the

structured settlement obligor or the annuity issuer is located in, this state;

b. The structured settlement agreement was approved by a court in this state; or

c. The structured settlement agreement is expressly governed by the laws of this

state.

16. "Terms of the structured settlement" includes, with respect to any structured

settlement, the terms of the structured settlement agreement, the annuity contract, any

qualified assignment agreement, and any order or other approval of any court or other

governmental authority that authorized or approved such structured settlement.

17. "Transfer" means any sale, assignment, pledge, hypothecation, or other alienation or

encumbrance of structured settlement payment rights made by a payee for

consideration. The term does not include the creation or perfection of a security

interest in structured settlement payment rights under a blanket security agreement

entered with an insured depository institution, in the absence of any action to redirect

the structured settlement payments to the insured depository institution, or an agent or

successor in interest thereof, or otherwise to enforce the blanket security interest

against the structured settlement payment rights.

18. "Transfer agreement" means the agreement that provides for a transfer of structured

settlement payment rights.

19. "Transfer expenses" means all expenses of a transfer which are required under the

transfer agreement to be paid by the payee or deducted from the gross advance

amount, including court filing fees, attorney's fees, escrow fees, lien recordation fees,

judgment and lien search fees, finder's fees, commissions, and other payments to a

broker or other intermediary. The term does not include pre-existing obligations of the

payee payable for the payee's account from the proceeds of a transfer.

20. "Transferee" means a party acquiring or proposing to acquire structured settlement

payment rights through a transfer.
N.D. Cent. Code § 32-03-16 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-16
32-03-16. Damages for breach of carrier's obligation to deliver freight
Status: in_force

32-03-16. Damages for breach of carrier's obligation to deliver freight

The detriment caused by the breach of a carrier's obligation to deliver freight, when the

carrier has not converted it to the carrier's own use, is deemed to be the value thereof at the

place and on the day at which it should have been delivered, deducting the freightage to which

the carrier would have been entitled if the carrier had completed the delivery.
N.D. Cent. Code § 32-12.2-18 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-18
32-12.2-18. Student required driving in educational programs
Status: in_force

32-12.2-18. Student required driving in educational programs

Upon request by any state institution of higher education, the office of management and

budget, through the risk management fund, shall provide a defense and administer claims

against students arising from the operation of a vehicle owned or leased by the state the

operation of which is a required part of an established course of study. Liability shall be limited

to the required amounts of financial responsibility contained in section 39-16.1-02. Nothing in

this chapter makes the state responsible for the actions of the student or requires

indemnification for any loss beyond the limits provided in this section, nor provides any benefits

to the student except those minimum levels undertaken in a program of self-insurance filed

under section 26.1-41-05.
N.D. Cent. Code § 32-27-02 — ND Code / Title 32 / Chapter 32-27 / Section 32-27-02
32-27-02. How proceeding instituted - Contents of petition
Status: in_force

32-27-02. How proceeding instituted - Contents of petition

Such proceeding shall be instituted by the filing of a petition with the clerk of the district

court of the county in which the petitioner resides, setting forth:

1. That the petitioner is a resident of and resides within the state of North Dakota.

2. That the petitioner is a citizen of the United States of America.

3. The place and date of birth of the petitioner.

4. If the petitioner was born within the United States of America, whether or not the

petitioner's parents were transient aliens or alien public ministers or consuls.

5. If the petitioner was born without the boundaries of the territorial United States of

America, facts sufficient to show that the petitioner is a citizen of the United States of

America, and the basis upon which citizenship rests.
N.D. Cent. Code § 32-19-40 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-40
32-19-40. Persons holding unrecorded conveyance need not be made parties, when
Status: in_force

32-19-40. Persons holding unrecorded conveyance need not be made parties, when

In any action to foreclose a mortgage or other lien upon real property, a person holding a

conveyance or having a lien upon the property, if such conveyance or lien does not appear of

record in the proper office at the time of the commencement of the action, does not need to be

made a party to the action, and the judgment rendered and the proceedings in and of the action

are conclusive as if the party had been made a party to the action.
N.D. Cent. Code § 32-06-02 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-02
32-06-02. Injunction - In what cases granted
Status: in_force

32-06-02. Injunction - In what cases granted

An injunction may be granted in any of the following cases:

1. When it shall appear by the complaint that the plaintiff is entitled to the relief

demanded, and such relief, or any part thereof, consists in restraining the commission

or continuance of some act, the commission or continuance of which during the

litigation would produce injury to the plaintiff.

2. When, during the litigation, it shall appear that the defendant is doing or threatening, or

is about to do, or is procuring or suffering, some act to be done in violation of the

plaintiff's rights respecting the subject of the action and tending to render the judgment

ineffectual, a temporary injunction may be granted to restrain such act.

3. When, during the pendency of an action, it shall appear by affidavit that the defendant

threatens, or is about to remove or dispose of the defendant's property, with intent to

defraud the defendant's creditors, a temporary injunction may be granted to restrain

such removal or disposition.
N.D. Cent. Code § 32-20-02 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-02
32-20-02. Warrant to seize property - Issuance - Service
Status: in_force

32-20-02. Warrant to seize property - Issuance - Service

If the plaintiff is not in possession of the property, the judge of the court in which the action

is commenced, at the time of the commencement of the action or at any time before judgment,

may issue a warrant commanding the sheriff to seize and safely keep the same to abide the

final judgment in the action. The warrant may be issued upon the filing of:

1. A verified complaint setting forth a claim for relief in favor of the plaintiff and against the

defendant for the foreclosure of a lien upon the property possession of which is sought

to be obtained; and

2. An affidavit stating that the affiant knows or has good reason to believe that the

seizure of the property is necessary to prevent removal, destruction, or concealment of

the property or loss of the creditor's proprietary interests therein.

The sheriff shall without delay serve copies of the warrant, affidavit, and undertaking upon the

defendant in the same manner as the summons. If the defendant has not filed a special answer,

pursuant to this chapter, within ten days after notice of the issuance of a warrant or if in the trial

of the special answer the court finds for the plaintiff, the sheriff shall seize the property of the

defendant. The sheriff shall attach perishable property or property the judge has determined,

when issuing a warrant, is likely to be removed, destroyed, or concealed if the property is not

attached without delay, notwithstanding the right of the defendant to file a special answer.
N.D. Cent. Code § 32-13-04 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-04
32-13-04. Security for costs from private party
Status: in_force

32-13-04. Security for costs from private party

Before commencing an action under this chapter at the request of a party having an interest

therein, the attorney general may require as a condition of commencing the same that

satisfactory security be given to indemnify the state against costs and expenses which may be

incurred therein.
N.D. Cent. Code § 32-03.1-02.2 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-02.2
32-03.1-02.2. Immunity for a licensed health care provider who provides volunteer medical care at free clinics - Immunity for persons offering wholesome food or grocery product
Status: in_force

32-03.1-02.2. Immunity for a licensed health care provider who provides volunteer

medical care at free clinics - Immunity for persons offering wholesome food or grocery

product.

1. A health care provider licensed under title 43 who renders medical care on a voluntary

basis at a free clinic is not liable in any personal injury civil action for acts or omissions

resulting in the rendering of that care unless it is plainly alleged in the complaint and

later proven that the health care provider's acts or omissions constituted intentional

misconduct or gross negligence. For purposes of this section, "voluntary" is defined as

without receiving remuneration of any sort. "Free clinic" is defined as a clinic that is

established to provide primary health care to persons who are otherwise unable to

obtain medical services due to their lack of access to health insurance or medical

assistance.

2. A restaurant, grocery store, or an individual or entity offering apparently wholesome

food and apparently fit grocery products, free of charge may not be held liable for any

acts or omissions resulting in the offering of food care unless it is plainly alleged in the

complaint and later proven the act of the individual or entity constituted intentional

misconduct or gross negligence.
N.D. Cent. Code § 32-34-05 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-05
32-34-05. Answer
Status: in_force

32-34-05. Answer

On the return of the alternative writ, or the day on which the application for the writ is

noticed, the party on whom the writ or notice has been served may show cause by answer

under oath made in the same manner as an answer to a complaint in a civil action.
N.D. Cent. Code § 32-03.2-02 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-02
32-03.2-02. Modified comparative fault
Status: in_force

32-03.2-02. Modified comparative fault

Contributory fault does not bar recovery in an action by any person to recover damages for

death or injury to person or property unless the fault was as great as the combined fault of all

other persons who contribute to the injury, but any damages allowed must be diminished in

proportion to the amount of contributing fault attributable to the person recovering. The court

may, and when requested by any party, shall direct the jury to find separate special verdicts

determining the amount of damages and the percentage of fault attributable to each person,

whether or not a party, who contributed to the injury. The court shall then reduce the amount of

such damages in proportion to the amount of fault attributable to the person recovering. When

two or more parties are found to have contributed to the injury, the liability of each party is

several only, and is not joint, and each party is liable only for the amount of damages

attributable to the percentage of fault of that party, except that any persons who act in concert in

committing a tortious act or aid or encourage the act, or ratifies or adopts the act for their

benefit, are jointly liable for all damages attributable to their combined percentage of fault.

Under this section, fault includes negligence, malpractice, absolute liability, dram shop liability,

failure to warn, reckless or willful conduct, assumption of risk, misuse of product, failure to avoid

injury, and product liability, including product liability involving negligence or strict liability or

breach of warranty for product defect.
N.D. Cent. Code § 32-29.4-14 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-14
32-29.4-14. Award
Status: in_force

32-29.4-14. Award

1. An arbitrator shall make an award in a record, dated and signed by the arbitrator. The

arbitrator shall give notice of the award to each party by a method agreed on by the

parties or, if the parties have not agreed on a method, under the law and procedural

rules of this state other than this chapter governing notice in contractual arbitration.

2. The award under this chapter must state the reasons on which it is based unless

otherwise agreed by the parties.

3. An award under this chapter is not enforceable as a judgment until confirmed under

section 32-29.4-15.
N.D. Cent. Code § 32-29.4-12 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-12
32-29.4-12. Powers and duties of arbitrator
Status: in_force

32-29.4-12. Powers and duties of arbitrator

1. An arbitrator shall conduct an arbitration in a manner the arbitrator considers

appropriate for a fair and expeditious disposition of the dispute.

2. An arbitrator shall provide each party a right to be heard, to present evidence material

to the family law dispute, and to cross-examine witnesses.

3. Unless the parties otherwise agree in a record, an arbitrator's powers include the

power to:

a. Select the rules for conducting the arbitration;

b. Hold conferences with the parties before a hearing;

c. Determine the date, time, and place of a hearing;

d. Require a party to provide:

(1) A copy of a relevant court order;

(2) Information required to be disclosed in a family law proceeding under law of

this state other than this chapter; and

(3) A proposed award that addresses each issue in arbitration;

e. Appoint a private expert at the expense of the parties;

f. Administer an oath or affirmation and issue a subpoena for the attendance of a

witness or the production of documents and other evidence at a hearing;

g. Compel discovery concerning the family law dispute and determine the date,

time, and place of discovery;

h. Determine the admissibility and weight of evidence;

i. Permit deposition of a witness for use as evidence at a hearing;

j. For good cause, prohibit a party from disclosing information;

k. Impose a procedure to protect a party or child from risk of harm, harassment, or

intimidation;

l. Allocate arbitration fees, attorney's fees, expert-witness fees, and other costs to

the parties; and

m. Impose a sanction on a party for bad faith or misconduct during the arbitration

according to standards governing imposition of a sanction for litigant misconduct

in a family law proceeding.

4. An arbitrator may not allow ex parte communication except to the extent allowed in a

family law proceeding for communication with a judge.
N.D. Cent. Code § 32-09.1-20 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-20
32-09.1-20. Termination of garnishment
Status: in_force

32-09.1-20. Termination of garnishment

A garnishee summons lapses and the garnishee is discharged of any liability upon the

expiration of three hundred sixty days after the service of the summons, or a longer period of

time either agreed to in writing by the plaintiff and the defendant or ordered by the court.

Immediately upon the lapse of the garnishee summons, all earnings, money, property, and

effects that the garnishee has been retaining pursuant to the garnishment must be returned to

the defendant if the defendant is otherwise legally entitled to receipt of them.
N.D. Cent. Code § 32-03-48 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-48
32-03-48. Definitions
Status: in_force

32-03-48. Definitions

As used in sections 32-03-48 through 32-03-50, unless the context otherwise requires:

1. "Critical incident" means any event encountered by emergency service personnel

within the scope of their employment which causes them to experience unusually

strong emotional reactions that have the potential to interfere with their ability to

perform their jobs or that may interfere with their personal lives.

2. "Critical incident stress debriefing" means the process of resolving the effects of critical

incidents on emergency service personnel through a structured meeting with both

psychological and educational components according to the model approved by the

department of health and human services.

3. "Critical incident stress management team" means those volunteers who are

recognized by the department of health and human services as members of an

organized group that provides critical incident stress debriefing services on behalf of

the state.

4. "Emergency service personnel" means individuals who provide emergency services to

persons requiring medical aid, firefighting services, law enforcement assistance, or

other emergency assistance. The term includes law enforcement officers, firefighters,

rescue personnel, ambulance personnel, quick response personnel, emergency

service dispatchers, nurses, physicians, and other emergency care providers.

5. "Peer support personnel" means those members of a critical incident stress

management team who are emergency service personnel and who have completed

appropriate training approved by the department of health and human services.
N.D. Cent. Code § 32-08.1-21 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-21
32-08.1-21. Judgment for plaintiff - How satisfied
Status: in_force

32-08.1-21. Judgment for plaintiff - How satisfied

When the plaintiff recovers judgment in the action, the sheriff or officer shall satisfy the

same out of the property attached, if sufficient therefor:

1. By paying over to such plaintiff all money attached or received upon sales of property,

or upon any debts or credits, or so much thereof as shall be necessary.

2. By selling, under such execution as may be issued on such judgment, so much of the

attached property, real or personal, as shall be necessary to satisfy the balance

unpaid, according to the provisions regulating sales upon execution, except as

provided in subsection 4.

3. If any of the attached property belonging to the defendant is not in the sheriff's hands,

without having been sold or converted into money, by repossessing the same, and for

that purpose, the sheriff shall have all the authority which the sheriff had to seize the

same under the writ of attachment. Any person who shall willfully conceal or withhold

such property from the sheriff shall be liable to double damages at the suit of the party

injured.

4. Until the judgment against the defendant shall be paid, by proceeding to collect the

evidences of debt that may have been seized or attached by virtue of the writ of

attachment, and to prosecute any bond the sheriff may have taken in the course of

such proceedings, and apply the proceeds thereof to the payment of the judgment and

costs. When the judgment and all costs of the proceedings shall have been paid, the

sheriff, upon reasonable demand, shall deliver over to the defendant the residue of the

property attached, or the proceeds thereof.
N.D. Cent. Code § 32-02-02 — ND Code / Title 32 / Chapter 32-02 / Section 32-02-02
32-02-02. Exception to sureties
Status: in_force

32-02-02. Exception to sureties

Any party for whose benefit a bond or undertaking is required in any proceeding, within

three days after service of a copy thereof, may except to the sufficiency of the sureties thereon.

In such case the party furnishing such bond or undertaking either may cause the sureties to

justify as hereinafter provided or to furnish a new bond or undertaking subject to like justification

of sureties.
N.D. Cent. Code § 32-33-02 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-02
32-33-02. How application made
Status: in_force

32-33-02. How application made

The application must be made on affidavit by the party beneficially interested, and the court

may require a notice of the application to be given to the adverse party, or may grant an order to

show cause why it should not be allowed, or may grant the writ without notice.
N.D. Cent. Code § 32-46.2-04 — ND Code / Title 32 / Chapter 32-46.2 / Section 32-46.2-04
32-46.2-04. Elements of proof for asbestos action involving nonmalignant conditions
Status: in_force

32-46.2-04. Elements of proof for asbestos action involving nonmalignant conditions

An asbestos action related to an alleged nonmalignant asbestos-related condition may not

be brought or maintained in the absence of prima facie evidence the exposed individual has a

physical impairment for which asbestos exposure was a substantial contributing factor. The

prima facie showing must be made as to each defendant and include a detailed narrative

medical report signed by a qualified physician that includes the following:

1. Radiological or pathological evidence of asbestosis or radiological evidence of diffuse

bilateral pleural thickening or a high-resolution computed tomography scan showing

evidence of asbestosis or diffuse pleural thickening;

2. A detailed occupational and exposure history from the exposed individual or, if the

individual is deceased, from the individual most knowledgeable about the exposures

that form the basis of the action, including identification of all of the exposed

individual's places of employment and exposures to airborne contaminants and

whether each place of employment involved exposures to airborne contaminants,

including asbestos fibers or other disease-causing dusts, that may cause pulmonary

impairment, and the nature, duration, and level of any exposure;

3. A detailed medical, social, and smoking history from the exposed individual or, if the

individual is deceased, from the individual most knowledgeable, including a thorough

review of the past and present medical problems of the exposed individual;

4. Evidence verifying at least fifteen years have elapsed between the exposed

individual's date of first exposure to asbestos and the date of diagnosis;

5. Evidence from an individual medical examination and pulmonary function testing of the

exposed individual or, if the exposed individual is deceased, based upon the

individual's medical records, the exposed individual has or the deceased individual had

a permanent respiratory impairment rating of at least class 2 as defined by the AMA

guides or reported significant changes year to year in lung function for FVC, FEV1, or

DLCO as defined by the American thoracic society's "Interpretative Strategies for Lung

Function Tests", 26 European Respiratory Journal 948-68, 961-62, table 12 (2005);

6. Evidence that asbestosis or diffuse bilateral pleural thickening, rather than chronic

obstructive pulmonary disease, is a substantial contributing factor to the exposed

individual's physical impairment, based on a determination the exposed individual has

any of the following:

a. FVC below the predicted lower limit of normal and FEV1/FVC ratio (using twenty

actual values) at or above the predicted lower limit of normal;

b. Total lung capacity, by plethysmography or timed gas dilution, below the predicted

lower limit of normal; or

c. A chest x-ray showing bilateral small, irregular opacities (s, t, or u) graded by a

twenty-four certified B-reader as at least 2/1 on the ILO scale; and

7. A statement that the qualified physician signing the detailed narrative medical report

has concluded exposure to asbestos was a substantial contributing factor to the

exposed individual's physical impairment and not more probably the result of other

causes. An opinion that the medical findings and impairment are consistent with or

compatible with exposure to asbestos, or words to that effect, does not satisfy this

subsection.
N.D. Cent. Code § 32-09.1-09 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-09
32-09.1-09. Disclosure
Status: in_force

32-09.1-09. Disclosure

1. Within the time as limited in the garnishee summons, the garnishee shall serve upon

the plaintiff or the plaintiff's attorney written answers, under oath, to the questions in

the garnishment disclosure form and to any written interrogatories that are served

upon the garnishee. The amount of the garnishee's disclosure need not exceed the

retention amount. The written answers may be served personally or by mail. If

disclosure is by a corporation or limited liability company, it must be verified by an

officer, a manager, or an agent having knowledge of the facts.

2. Disclosure must state:

a. The amount of disposable earnings earned or to be earned within the defendant's

pay periods which may be subject to garnishment and all of the garnishee's

indebtedness to the defendant.

b. Whether the garnishee held, at the time, the title or possession of or any interest

in any personal property or any instruments or papers relating to any property

belonging to the defendant or in which the defendant is interested. If the

garnishee admits any interest or any doubt respecting the interest, the garnishee

shall set forth a description of the property and the facts concerning the property

and the title, interest, or claim of the defendant in or to the property.

c. If the garnishee claims any setoff or defense or claim or lien to disposable

earnings, indebtedness, or property, the garnishee shall disclose the amount and

the facts.

d. Whether the defendant claims any exemption from execution or any other

objection, known to the garnishee or the defendant, against the right of the

plaintiff to apply upon demand the debt or property disclosed.

e. If other persons make claims to any disposable earnings, debt, or property of the

defendant, the garnishee shall disclose the names and addresses of the other

claimants and, so far as known, the nature of their claims.

3. A garnishment disclosure form must be served upon the garnishee. The disclosure

must be substantially in the following form, subject to subsection 3 of section

32-09.1-03:

State of North Dakota ) In ___________ Court

) ss.

County of __________ ) ____________________

______________________________

Plaintiff

vs.

______________________________

Defendant

and Garnishment Disclosure

______________________________

Garnishee

I am the __________________ of the garnishee and duly authorized to disclose for

the garnishee.

On ______________, ______, the time of service of garnishee summons on the

garnishee, there was due and owing the defendant from the garnishee the following:

1. Earnings. For the purposes of garnishment, "earnings" means compensation

payable for personal service whether called wages, salary, commission, bonus, or

otherwise, and includes periodic payments under a pension or retirement

program. "Earnings" does not include social security benefits or veterans'

disability pension benefits, except when the benefits are subject to garnishment

to enforce any order for the support of a dependent child. "Earnings" includes

military retirement pay. "Disposable earnings" means that part of the earnings of

an individual remaining after the deduction from those earnings of amounts

required by law to be withheld. If the garnishee summons was served upon you at

a time when earnings from a prior completed pay period were owing but not paid,

complete the following disclosure for earnings from both the past pay period and

the current pay period.

2. Money. Any amounts due and owing to defendant from the garnishee, except for

earnings. (amount and facts)

3. Property. Any personal property, instruments, or papers belonging to the

defendant and in the possession of the garnishee. (description, estimated value,

and facts)

4. Adverse interest and setoff. Any setoff, defense, lien, or claim by the garnishee or

other persons by reason of ownership or interest in the defendant's property. You

must state the name and address and the nature of that person's claim if known.

(Any assignment of wages made by the defendant or any indebtedness to a

garnishee within ten days before the receipt of the first garnishment on a debt is

void and should be disregarded.)

5. Dependent. Any family member of the defendant who is residing in the

defendant's residence. (If properly claimed after receipt of the garnishee

summons.)

6. Earnings worksheet:

a. Total earnings in pay period ________

b. Federal tax ________

c. State tax ________

d. FICA (social security/Medicare) ________

e. Total deductions (lines b+c+d) ________

f. Disposable earnings (line a less line e) ________

g. Twenty-five percent of line f ________

h. Minimum wage exemption

(minimum wage times forty hours times

number of weeks in pay period) ________

i. Line f less line h ________

j. Line g or line i (whichever is less) ________

k. Dependent exemption (twenty dollars

per dependent per week, if claimed) ________

l. Adverse interest or setoff ________

m. Total of lines k and l ________

n. Line j less line m (the amount of earnings

subject to garnishment) ________

7. Total of property, earnings, and money. The garnishee shall add the total of

property, earnings, and money and if this sum is ten dollars or more, the

garnishee shall retain this amount, not to exceed the retention amount identified

by the plaintiff in the garnishee summons.

Signature ___________________________

Garnishee or Authorized Representative

of Garnishee

__________________________

Title

Subscribed and sworn to before me on ______________, _____.

_____________________________________

Notary Public
N.D. Cent. Code § 32-12.1-12 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-12
32-12.1-12. Compromise of judgments against political subdivisions - Tax levy to pay reduced judgment - Tax limitations not applicable
Status: repealed

32-12.1-12. Compromise of judgments against political subdivisions - Tax levy to pay

reduced judgment - Tax limitations not applicable.

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 32-16-38 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-38
32-16-38. Securities taken in name of clerk
Status: in_force

32-16-38. Securities taken in name of clerk

When security for the proceeds of a sale is taken, or when an investment of any proceeds is

made, it must be done, except as herein otherwise provided, in the name of the clerk of the

district court of the county where the papers are filed, and the clerk's successors in office, who

must hold the same for the use and benefit of the parties interested, subject to the order of the

court.
N.D. Cent. Code § 32-03.4-11 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-11
32-03.4-11. Transferee solely responsible for certain requirements
Status: in_force

32-03.4-11. Transferee solely responsible for certain requirements

In any transfer of structured settlement payment rights, compliance with the requirements of

section 32-03.4-02 and fulfillment of the conditions of section 32-03.4-03 are the sole

responsibility of the transferee. Neither the structured settlement obligor nor the annuity issuer

bears any responsibility for, or any liability arising from, noncompliance with those requirements

or failure to fulfill those conditions.
N.D. Cent. Code § 32-09.1-17 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-17
32-09.1-17. Discharge not a bar
Status: in_force

32-09.1-17. Discharge not a bar

If any person summoned as a garnishee is discharged, the judgment is no bar to an action

brought by the defendant or other claimants against the garnishee for the same demand.
N.D. Cent. Code § 32-17-22 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-22
32-17-22. Waste - When actionable
Status: in_force

32-17-22. Waste - When actionable

If a guardian, tenant for life or years, joint tenant, or tenant in common, of real property,

commits waste thereon, any person aggrieved by the waste may bring an action against the one

committing waste therefor, and in such action there may be judgment for treble damages,

forfeiture of the estate of the party offending, and eviction from the premises.
N.D. Cent. Code § 32-49-06 — ND Code / Title 32 / Chapter 32-49 / Section 32-49-06
32-49-06. Statute of limitations
Status: in_force

32-49-06. Statute of limitations

1. An action under subsection 2 of section 32-49-02 for:

a. An unauthorized disclosure may not be brought later than six years from the date

the disclosure was discovered or should have been discovered with the exercise

of reasonable diligence; and

b. A threat to disclose may not be brought later than six years from the date of the

threat to disclose.

2. Except as otherwise provided in subsection 3, this section is subject to the provisions

tolling limitations in chapter 28-01.

3. In an action under subsection 2 of section 32-49-02 by a depicted individual who was

a minor on the date of the disclosure or threat to disclose, the time specified in

subsection 1 does not begin to run until the depicted individual attains eighteen years

of age.
N.D. Cent. Code § 32-04-17 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-17
32-04-17. Revision of contract for fraud or mistake
Status: in_force

32-04-17. Revision of contract for fraud or mistake

When, through fraud or mutual mistake of the parties, or a mistake of one party which the

other at the time knew or suspected, a written contract does not truly express the intention of

the parties, it may be revised on the application of a party aggrieved so as to express that

intention so far as it can be done without prejudice to rights acquired by third persons in good

faith and for value.
N.D. Cent. Code § 32-27-03 — ND Code / Title 32 / Chapter 32-27 / Section 32-27-03
32-27-03. Notice to be given by clerk of the district court
Status: in_force

32-27-03. Notice to be given by clerk of the district court

Upon the filing of a petition of the kind described in this chapter, the clerk of the district court

with whom such petition is filed shall issue a notice under the seal of the said district court fixing

the time and place for the hearing upon such petition. Such notice shall be published in the

official newspaper of the county for three successive weeks, the last publication to be at least

ten days before the time set for the hearing. A copy of such notice and of such petition shall be

served upon the attorney general and upon the state's attorney of the county of which the

petitioner is a resident at least thirty days before the time set for the hearing. Proof of the

publication and service required by this section shall be filed in the office of the clerk of the

district court on or before the date set for the hearing on such petition.
N.D. Cent. Code § 32-19-23.1 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-23.1
32-19-23.1. Abandoned property - Prima facie evidence
Status: in_force

32-19-23.1. Abandoned property - Prima facie evidence

1. An affidavit under this section is prima facie evidence of abandonment if the affidavit is

made by:

a. The sheriff or sheriff's deputy of the county in which the mortgaged premises is

located, or of a building inspector, zoning administrator, housing official, or other

municipal or county official having jurisdiction over the mortgaged premises, and

the affidavit states the mortgaged premises are not actually occupied; or

b. The party foreclosing a mortgage, holding a sheriff's certificate, or an agent or

contractor of the party foreclosing the mortgage, and the affidavit states the

affiant has changed the locks on the mortgaged premises and a party having a

legal possessory right has not requested entrance to the premises for at least ten

days.

2. An affidavit under this section must include at least one of the following facts:

a. Windows or entrances to the premises are boarded or shuttered, or multiple

window panes are broken;

b. Doors to the premises are destroyed, broken, unhinged, or continuously

unlocked;

c. Gas, electric, or water service to the premises has been terminated;

d. Rubbish, trash, or debris has accumulated on the mortgaged premises;

e. Law enforcement has received at least two reports of trespassers, vandalism, or

other illegal acts on the premises; or

f. The premises is deteriorating and either below or in imminent danger of falling

below minimum community standards for public safety and sanitation.

3. This section applies only to mortgaged property that is:

a. Ten acres or less;

b. Improved with a residential dwelling that consists of fewer than five units and is

not a model home or under construction; and

c. Not used in agricultural production.
N.D. Cent. Code § 32-07.1-01 — ND Code / Title 32 / Chapter 32-07.1 / Section 32-07.1-01
32-07.1-01. Profits from the crime of a felon - Definitions - Action to recover profits from the crime - Violations - Remedies cumulative - Limitations of actions
Status: reserved

32-07.1-01. Profits from the crime of a felon - Definitions - Action to recover profits

from the crime - Violations - Remedies cumulative - Limitations of actions.

1. As used in this section:

a. "Beneficiary" means:

(1) A person who, under applicable law, other than the provisions of this

section, has or had a right to recover damages from the convicted felon for

physical, mental, or emotional injury, or pecuniary loss proximately caused

by the convicted felon as a result of the crime for which the felon was

convicted.

(2) If a beneficiary has died, a person or estate that is entitled to recover

damages.

(3) If a person has died and the death was proximately caused by the convicted

felon as a result of the crime for which the felon was convicted, a person

described in chapter 32-21 or any beneficiary of a will of the decedent who

had a right under that will to receive more than twenty-five percent of the

value of the estate of the decedent.

b. "Beneficiary's interest in the profits from the crime" means that portion of the

profits from the crime necessary to pay the following:

(1) In the case of a beneficiary described in paragraph 1 or 2 of subdivision a,

those damages which, under applicable law, other than the provisions of this

section, the beneficiary has a right to recover from the convicted felon for

injuries proximately caused by the convicted felon as a result of the crime

for which the felon was convicted.

(2) In the case of the beneficiary described in paragraph 3 of subdivision a,

those damages which under all the circumstances of the case may be just.

c. "Convicted felon" means any person convicted of a felony, or found not guilty by

reason of insanity of a felony committed in this state, either by a court or jury trial

or by entry of a plea in court.

d. "Felony" means a felony defined by any North Dakota or federal statute.

e. "Profits from the crime" means:

(1) Any property obtained through or income substantially related to the

commission of a crime of which the defendant was convicted;

(2) Any property obtained by or income substantially related to the sale,

conversion, or exchange of proceeds of a crime, including any gain realized

by the sale, conversion, or exchange; and

(3) Any property that the convicted felon obtained or income substantially

related to the commission of the crime, including any assets obtained

through the use of unique knowledge obtained during the commission of, or

in preparation for the commission of, the crime, as well as any property

obtained by or income substantially related to the sale, conversion, or

exchange of such property and any gain realized by such sale, conversion,

or exchange.

f. "Representative of the felon" means any person or entity receiving profits from

the crime by designation of the felon, or on behalf of the felon or in the stead of

the felon, whether by the felon's designation or by operation of law.

2. All profits from the crime belonging to the convicted felon are subject to a constructive

trust for the benefit of the beneficiaries set forth in this section. The trust continues until

six years after the date of conviction. If an action is filed by a beneficiary to recover the

beneficiary's interest in a trust within that time limitation, the trust character of the

property continues until the conclusion of the action.

3. a. Any beneficiary may bring an action against a convicted felon or representative of

the felon to recover the beneficiary's interest in the trust established by this

section.

b. The action may be brought in the district court where the beneficiary resides,

where the convicted felon resides, or where the proceeds are located.

c. If the court determines that a beneficiary is entitled to profits from the crime

pursuant to this section, the court shall order the payment from profits from the

crime that have been received, and if that is insufficient, from profits from the

crime that may be received in the future.

d. A beneficiary's interest in the profits from the crime must be reduced by the

following amount:

(1) Money paid to the beneficiary as crime victims reparations under chapter

54-23.4 because of the crime for which the felon was convicted.

(2) Money paid to the beneficiary by the convicted felon because of a

requirement of restitution imposed by a court in connection with the crime

for which the felon was convicted.

(3) Money paid to the beneficiary because of a judgment against the convicted

felon based upon the crime for which the felon was convicted.

e. In the case of an unsatisfied existing judgment or order of restitution against the

convicted felon and in favor of a beneficiary, any money paid to the beneficiary

pursuant to this section must be applied to reduce the amount of the unsatisfied

judgment or order.

4. If there are two or more beneficiaries and the available profits from the crime are

insufficient to pay all beneficiaries, the profits from the crime may be equitably

apportioned among the beneficiaries taking into account the impact of the crime upon

them. Twenty-five percent of the profits from the crime must be reserved for payment

to the beneficiaries.

5. a. The attorney general shall bring an action to require profits from the crime

received by a convicted felon to be held in an express trust in a bank authorized

to act as a trustee.

b. An action may be brought under this subdivision within six months after the

receipt of profits from the crime by a convicted felon or six months after the date

of conviction, whichever is later. The action must be brought in the district court

for Burleigh County.

c. If the attorney general proves that the profits from the crime are subject to a

constructive trust pursuant to this section and that it is more probable than not

that there are beneficiaries within the meaning of this section, the court shall

order all proceeds deposited in a bank and held by the bank as trustee of the

trust until an order of disposition is made by a court pursuant to subsection 4, or

until the expiration of the period specified in subsection 2.

d. In any action brought pursuant to subsection 4 or 5, upon motion of a party the

court shall grant a preliminary injunction to prevent any waste of the profits from

the crime, if it appears that the profits from the crime are subject to the provisions

of this section and that they may be subject to waste.

6. The remedies provided by this section are in addition to other remedies provided by

law. No period of limitations, except those provided by this section, limits the right of

recovery under this section.

7. The offender or any person contracting with an offender shall notify the attorney

general at least thirty days before the transfer of any profits from a crime. A person

who willfully violates this subsection is guilty of a class A misdemeanor.

8. Any contract between a convicted felon or representative of the felon and another

person which provides for the payment of profits from a crime other than as provided

by this section is void.
N.D. Cent. Code § 32-23-05 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-05
32-23-05. Enumeration not exclusive
Status: in_force

32-23-05. Enumeration not exclusive

The enumeration of powers in sections 32-23-02, 32-23-03, and 32-23-04 does not limit or

restrict the exercise of the general powers conferred in section 32-23-01, in any proceeding in

which declaratory relief is sought in which a judgment or decree will terminate the controversy or

remove an uncertainty.
N.D. Cent. Code § 32-03.1-08 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-08
32-03.1-08. Actions not barred
Status: in_force

32-03.1-08. Actions not barred

Nothing in this chapter may be construed to bar a civil action by any injured or ill person or

injured or ill person's survivors against any person for having tortiously caused an injury or

emergency situation. Nothing in this chapter may be construed to relieve any person, tortiously

causing an injury or emergency situation, from any affirmative duty to provide proper aid or

assistance. If the defendant prevails in such an action, the defendant shall be entitled to costs

and fees only as the other statutes and court rules of this state provide.
N.D. Cent. Code § 32-19-10 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-10
32-19-10. Application of proceeds
Status: in_force

32-19-10. Application of proceeds

The proceeds of every foreclosure sale must be applied to the discharge of the debt

adjudged by the court to be due and of the costs, and if there is any surplus, it must be brought

into court subject to the order of the court. If the surplus is less than one thousand dollars and

an application to receive the surplus is not filed with the court within sixty days after deposit, the

court shall order the funds forfeited to the general fund of the county.
N.D. Cent. Code § 32-22-26 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-26
32-22-26. Writ must not be disobeyed
Status: in_force

32-22-26. Writ must not be disobeyed

No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appears

therefrom in whose restraint the party imprisoned or restrained is, the officer or person detaining

the party, and the court before whom the party is to be brought.
N.D. Cent. Code § 32-03-52 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-52
32-03-52. Damages for fraudulent use of social security number - Attorney's fees
Status: in_force

32-03-52. Damages for fraudulent use of social security number - Attorney's fees

1. No person may buy or otherwise obtain or sell, offer for sale, take or give in exchange,

pledge or give in pledge, or use any individual's social security account number, or any

derivative of the number, for the purpose of committing fraud or fraudulently using or

assuming the individual's identity.

2. Any individual aggrieved by the act of any person in violation of subsection 1 may

bring a claim for relief to recover any equitable relief as the court determines to be

appropriate and the greater of the actual damages or liquidated damages of up to ten

thousand dollars.

3. In addition to any damages or other relief awarded under subsection 2, if the

aggrieved individual prevails, the court may assess against the defendant reasonable

attorney's fees and any other litigation costs and expenses, including expert fees,

reasonably incurred by the aggrieved individual.

4. Any action brought under this section is in addition to any criminal prosecution that

may be brought under any state or federal law.
N.D. Cent. Code § 32-48-01 — ND Code / Title 32 / Chapter 32-48 / Section 32-48-01
32-48-01. Definitions
Status: in_force

32-48-01. Definitions

As used in this chapter:

1. "COVID-19" means:

a. Severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2 and

any mutation or viral fragments of SARS-CoV-2; and

b. Any disease or condition caused by severe acute respiratory syndrome

coronavirus 2 identified as SARS-CoV-2.

2. "Disinfecting or cleaning supplies" includes hand sanitizers, disinfectants, disinfecting

sprays, and disinfecting wipes.

3. "Health care facility" means any facility in which health care services are provided and

includes a hospital, special care unit, skilled nursing facility, intermediate care facility,

basic care facility, assisted living facility, ambulatory surgical center, freestanding

emergency department, rural primary care hospital, critical access hospital, inpatient

hospice facility, including a clinic not located on a hospital's primary campus, health

maintenance organization, home health agency, any field hospital, modular

field-treatment facility, or other alternative care facility designated by the department of

health and human services for temporary use related to the COVID-19 state of

emergency, and a diagnostic, examination, treatment, imaging, or rehabilitation center.

4. "Health care provider" means an individual or entity licensed, certified, or otherwise

authorized to provide health care services in this state whether paid or unpaid. The

term includes:

a. The employer or agent of a health care provider that provides or arranges a

health care service;

b. A person engaged in telemedicine or telehealth; and

c. A volunteer or military member who is approved by or works under the direction

of the department of health and human services and who provides health care

services in response to the COVID-19 state of emergency.

5. "Intentional" means when engaging in the conduct, it is the person's purpose to do so.

6. "Personal protective equipment" means equipment worn to prevent or minimize

exposure to hazards that cause injuries or illnesses.

7. "Premises" means any real property, any appurtenant building or structure, and any

vehicle serving a residential, agricultural, commercial, industrial, educational, religious,

governmental, cultural, charitable, or health care purpose.

8. "Qualified product" means:

a. Personal protective equipment used to protect the wearer from COVID-19 or to

prevent the spread of COVID-19.

b. A medical device or equipment used to treat COVID-19, including a medical

device or equipment used or modified for an unapproved use to treat COVID-19

or to prevent the spread of COVID-19.

c. A medical device or equipment used outside its normal use to treat COVID-19 or

to prevent the spread of COVID-19.

d. Medication or treatment used to treat or prevent COVID-19, including medication

or treatment prescribed or dispensed for off-label use to treat or prevent

COVID-19.

e. A test to diagnose or determine immunity to COVID-19.

9. "Reckless" means conduct engaged in a conscious and clearly unjustifiable disregard

of a substantial likelihood of the existence of the relevant facts or risks, such disregard

involving a gross deviation from acceptable standards of conduct.

10. "Unapproved" means not authorized, accredited, or certified by a federal or state

agency for any other use, purpose, or design.

11. "Willful" means the conduct is engaged in intentionally, knowingly, or recklessly.
N.D. Cent. Code § 32-15-03.2 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-03.2
32-15-03.2. Termination of estates greater than an easement
Status: in_force

32-15-03.2. Termination of estates greater than an easement

No transfer to the state of North Dakota or any of its political subdivisions of property for

highway purposes shall be deemed to include any interest greater than an easement, and

where any greater estate shall have been so transferred, the same is hereby reconveyed to the

owner from which such land was originally taken, or to the heirs, executors, administrators, or

assigns of such owner. Such reconveyance shall be subject to any existing contracts or

agreements covering such property, and all rights and benefits thereof shall accrue to the

grantee.
N.D. Cent. Code § 32-13-09 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-09
32-13-09. Damages for usurpation
Status: in_force

32-13-09. Damages for usurpation

If judgment is rendered upon the right of the person alleged to be entitled to the office in

favor of such person, that person may recover by action the damages which that person shall

have sustained by reason of the usurpation by the defendant of the office from which such

defendant has been excluded.
N.D. Cent. Code § 32-19-06.2 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-06.2
32-19-06.2. Deficiency judgments on agricultural land
Status: in_force

32-19-06.2. Deficiency judgments on agricultural land

If the complaint in an action to foreclose on agricultural land of more than forty acres [16.19

hectares] has provided for a deficiency judgment, a separate action for the deficiency must be

brought within ninety days after the sheriff's sale. In the separate action, a deficiency judgment

may be entered, but may not be in excess of the amount by which the sum adjudged to be due

and the costs of the action exceed the fair market value of the mortgaged premises. There is not

a presumption that the premises sold for the fair market value. The court may not render a

deficiency judgment unless the fair market value as determined by the court is less than the

sum adjudged to be due and costs of the action. Fifteen days' notice of the time and place for

determination of fair market value must be given to all parties against whom personal judgment

is sought. Any party may offer evidence to show the fair market value even though that party

may not have otherwise appeared in the action for a deficiency judgment. Any deficiency

judgment obtained may only be enforced by execution within three years from the date of entry

of the judgment. If the judgment is not collected within three years, the judgment expires. As

used in this section, "fair market value" means the most probable price that real property can be

sold for in the open market by a willing seller to a willing buyer, neither acting under compulsion

and both exercising reasonable judgment.
N.D. Cent. Code § 32-20-04.2 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-04.2
32-20-04.2. Trial of special answer
Status: in_force

32-20-04.2. Trial of special answer

In making its determination of the issue raised by the special answer, the court shall

consider any undue hardship on the defendant that would result from an issuance of the

warrant. If the court finds for the defendant, the judge shall tax the defendant's costs of such

trial, and shall enter an order dismissing the warrant or that the property attached be delivered

to the defendant; and the jury or the court shall, on the trial of the action or thereafter, assess

the damages sustained by the defendant by reason of the taking and detention or sale of the

property attached or by reason of any injury thereto. The same, together with the costs so

taxed, must be a setoff to the plaintiff's demand, and if in excess of it, or the plaintiff fails to

recover, the defendant shall have judgment for the amount due. If the court on the trial of such

special issue finds for the plaintiff, the judge shall tax the plaintiff's costs of such trial, and the

amount so taxed must, if the plaintiff recovers, be taxed by the clerk as disbursement in the

action. If the defendant or the defendant's assignee recovers judgment in the action, said costs

and the judgment must be offset.
N.D. Cent. Code § 32-07-01 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-01
32-07-01. Plaintiff may claim immediate delivery
Status: in_force

32-07-01. Plaintiff may claim immediate delivery

The plaintiff in an action to recover the possession of personal property, at the time of

issuing the summons or at any time before answer, may claim the immediate delivery of such

property as provided in this chapter.
N.D. Cent. Code § 32-19-05 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-05
32-19-05. When judgment at law obtained
Status: repealed

32-19-05. When judgment at law obtained

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-15-19 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-19
32-15-19. Joinder, consolidation, and separation of proceedings
Status: in_force

32-15-19. Joinder, consolidation, and separation of proceedings

All parcels of land lying in the county and required for the same public use may be included

in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate

or separate them to suit the convenience of parties.
N.D. Cent. Code § 32-26-03 — ND Code / Title 32 / Chapter 32-26 / Section 32-26-03
32-26-03. When property in several counties
Status: in_force

32-26-03. When property in several counties

When the property of the assignor is situated in different counties, the public administrator

of any county wherein a portion of such property is situated, first petitioning, shall be entitled to

be appointed receiver as aforesaid, but the court thereafter on the petition of any creditor or

public administrator, and on the facts being shown to its satisfaction, shall vacate such

appointment and shall appoint as receiver the public administrator of the county wherein the

greater part of the assignor's property is situated.
N.D. Cent. Code § 32-41-10 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-10
32-41-10. Enforcement of foreign judgments
Status: in_force

32-41-10. Enforcement of foreign judgments

1. If an action is brought to enforce a judgment of another jurisdiction expressed in a

foreign money and the judgment is recognized in this state as enforceable, the

enforcing judgment must be entered as provided in section 32-41-07, whether or not

the foreign judgment confers an option to pay in an equivalent amount of United States

dollars.

2. A foreign judgment may be docketed in accordance with any rule or statute of this

state providing a procedure for its recognition and enforcement.

3. A satisfaction or partial payment made upon the foreign judgment, on proof thereof,

must be credited against the amount of foreign money specified in the judgment,

notwithstanding the entry of judgment in this state.

4. A judgment entered on a foreign-money claim only in United States dollars in another

state must be enforced in this state in United States dollars only.
N.D. Cent. Code § 32-19-38 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-38
32-19-38. What the summons to contain
Status: in_force

32-19-38. What the summons to contain

The summons in a foreclosure action in which the persons unknown are named as

defendants must contain, or have appended to it, a statement substantially as follows:

This action relates to the foreclosure of a mortgage or lien, as the case may be, upon (here

describe the real estate involved in the action).
N.D. Cent. Code § 32-22-25 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-25
32-22-25. Person taken out of county - Expenses
Status: in_force

32-22-25. Person taken out of county - Expenses

Whenever the officer or person to whom a writ of habeas corpus is directed and delivered is

required thereby to make return and take the person in whose behalf the writ is issued into a

county other than the county in which such person is imprisoned or restrained, the court

awarding the writ, at the court's discretion, may ascertain, and by an entry thereon specifying

the amount, but not exceeding fifteen cents per mile, may require the payment or tender, at the

time of delivering the writ, of the charges of obeying the same. However, in no case when an

entry is not made can the payment or tender of such charges be demanded before the return of

the writ in accordance with its direction.
N.D. Cent. Code § 32-29.3-24 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-24
32-29.3-24. Modification or correction of award
Status: in_force

32-29.3-24. Modification or correction of award

1. Upon motion made within ninety days after the movant receives notice of the award

pursuant to section 32-29.3-19 or within ninety days after the movant receives notice

of a modified or corrected award pursuant to section 32-29.3-20, the court shall modify

or correct the award if:

a. There was an evident mathematical miscalculation or an evident mistake in the

description of a person, thing, or property referred to in the award;

b. The arbitrator has made an award on a claim not submitted to the arbitrator and

the award may be corrected without affecting the merits of the decision upon the

claims submitted; or

c. The award is imperfect in a matter of form not affecting the merits of the decision

on the claim submitted.

2. If a motion made under subsection 1 is granted, the court shall modify or correct and

confirm the award as modified or corrected. Otherwise, unless a motion to vacate is

pending, the court shall confirm the award.

3. A motion to modify or correct an award pursuant to this section may be joined with a

motion to vacate the award.
N.D. Cent. Code § 32-29.3-09 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-09
32-29.3-09. Initiation of arbitration
Status: in_force

32-29.3-09. Initiation of arbitration

1. A person initiates an arbitration proceeding by giving notice in a record to the other

parties to the agreement to arbitrate in the agreed manner between the parties or, in

the absence of agreement, by certified or registered mail, return receipt requested and

obtained, or by service as authorized for the commencement of a civil action. The

notice must describe the nature of the controversy and the remedy sought.

2. Unless a person objects for lack or insufficiency of notice under subsection 3 of

section 32-29.3-15 not later than the beginning of the arbitration hearing, the person

by appearing at the hearing waives any objection to lack of or insufficiency of notice.
N.D. Cent. Code § 32-29.4-10 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-10
32-29.4-10. Temporary order or award
Status: in_force

32-29.4-10. Temporary order or award

1. Before an arbitrator is selected and able to act, on motion of a party, the court may

enter a temporary order in accordance with rule 8.2 of the North Dakota Rules of

Court.

2. After an arbitrator is selected:

a. The arbitrator may make a temporary award in accordance with rule 8.2 of the

North Dakota Rules of Court; and

b. If the matter is urgent and the arbitrator is not able to act in a timely manner or

provide an adequate remedy, on motion of a party, the court may enter a

temporary order.

3. On motion of a party, before the court confirms a final award, the court under section

32-29.4-15, 32-29.4-17, or 32-29.4-18 may confirm, correct, vacate, or amend a

temporary award made under subdivision a of subsection 2.

4. On motion of a party, the court may enforce a subpoena or interim award issued by an

arbitrator for the fair and expeditious disposition of the arbitration.
N.D. Cent. Code § 32-16-16 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-16
32-16-16. What tenants not affected
Status: in_force

32-16-16. What tenants not affected

The judgment does not affect tenants for years, less than ten, to the whole of the property

which is the subject of the partition.
N.D. Cent. Code § 32-12.1-08 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-08
32-12.1-08. Political subdivision risk funding
Status: in_force

32-12.1-08. Political subdivision risk funding

1. A political subdivision may provide funding from revenue derived from its general fund

tax levy as determined by the governing body to be necessary for risk financing

purposes.

2. Any unobligated balance in a political subdivision insurance reserve fund must be

transferred to the political subdivision's general fund and the insurance reserve fund

must be closed out by December 31, 2015. The general fund of the political

subdivision may be used for risk financing purposes and the payment of claims against

the political subdivision which have been settled or compromised, judgments rendered

against the political subdivision, or costs incurred in the defense of claims.
N.D. Cent. Code § 32-40-11 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-11
32-40-11. Relief granted
Status: in_force

32-40-11. Relief granted

In any action brought under this chapter, the court may:

1. Grant the relief specified in the environmental statute alleged to have been violated or

pursuant to which the rule or regulation alleged to have been violated was

promulgated.

2. Grant temporary or permanent equitable relief.

3. Award damages.

4. Enter any order it deems necessary to enforce compliance with any environmental

statute, rule, or regulation of this state.
N.D. Cent. Code § 32-10.1-04 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-04
32-10.1-04. Power of court
Status: in_force

32-10.1-04. Power of court

The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the

receiver and determine any controversy related to the receivership or receivership property.
N.D. Cent. Code § 32-08.1-05 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-05
32-08.1-05. Bond - Justification
Status: in_force

32-08.1-05. Bond - Justification

Before the writ of attachment shall be executed, a bond on the part of the plaintiff in the sum

of at least five hundred dollars executed by sufficient surety shall be delivered to the officer, to

the effect that if the defendant recovers judgment the plaintiff shall pay all costs that may be

awarded to the defendant and all damages which the defendant may sustain by reason of the

attachment. The affidavit of the surety annexed to such bond shall state that the surety is a

resident of this state and worth double the sum specified in the bond in property therein above

the surety's debts and exclusive of property exempt from execution. No bond is necessary when

this state or any political subdivision thereof is plaintiff.
N.D. Cent. Code § 32-29.3-11 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-11
32-29.3-11. Appointment of arbitrator - Service as a neutral arbitrator
Status: in_force

32-29.3-11. Appointment of arbitrator - Service as a neutral arbitrator

1. If the parties to an agreement to arbitrate agree on a method for appointing an

arbitrator, that method must be followed, unless the method fails. If the parties have

not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is

unable to act and a successor has not been appointed, the court, on motion of a party

to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed

has all the powers of an arbitrator designated in the agreement to arbitrate or

appointed pursuant to the agreed method.

2. An individual who has a known, direct, and material interest in the outcome of the

arbitration proceeding or a known, existing, and substantial relationship with a party

may not serve as an arbitrator required by an agreement to be neutral.
N.D. Cent. Code § 32-07-06 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-06
32-07-06. Redelivery to defendant
Status: in_force

32-07-06. Redelivery to defendant

At any time before the delivery of the property to the plaintiff, the defendant, if the defendant

does not except to the sureties of the plaintiff or the amount of the plaintiff's undertaking, may

require the return thereof upon giving to the sheriff a written undertaking executed by two or

more sufficient sureties to the effect that they are bound in double the value of the property as

stated in the affidavit of the plaintiff for the delivery thereof to the plaintiff, if such delivery is

adjudged, and for the payment to the plaintiff of such sum as for any cause may be recovered

against the defendant. If a return of the property is not so required within three days after the

taking and service of notice on the defendant, it shall be delivered to the plaintiff except as

provided in section 32-07-10.
N.D. Cent. Code § 32-29.3-18 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-18
32-29.3-18. Judicial enforcement of preaward ruling by arbitrator
Status: in_force

32-29.3-18. Judicial enforcement of preaward ruling by arbitrator

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the

party may request the arbitrator to incorporate the ruling into an award under

section 32-29.3-19. A prevailing party may make a motion to the court for an expedited order to

confirm the award under section 32-29.3-22, in which case the court shall summarily decide the

motion. The court shall issue an order to confirm the award unless the court vacates, modifies,

or corrects the award under section 32-29.3-23 or 32-29.3-24.
N.D. Cent. Code § 32-41-04 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-04
32-41-04. Determining money of the claim
Status: in_force

32-41-04. Determining money of the claim

The money in which the parties to a transaction have agreed that payment is to be made is

the proper money of the claim for payment. If the parties to a transaction have not otherwise

agreed, the proper money of the claim, as in each case may be appropriate, is the money:

1. Regularly used between the parties as a matter of usage or course of dealing;

2. Used at the time of a transaction in international trade, by trade usage or common

practice, for valuing or settling transactions in the particular commodity or service

involved; or

3. In which the loss was ultimately felt or will be incurred by the party claimant.
N.D. Cent. Code § 32-44-01 — ND Code / Title 32 / Chapter 32-44 / Section 32-44-01
32-44-01. Definitions
Status: in_force

32-44-01. Definitions

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

1. "Agricultural producer" means any person engaged in growing, raising, distributing, or

selling an agricultural product, or manufacturing the product for consumer use.

2. "Agricultural product" means any plant or animal, or the product of a plant or animal,

grown, raised, distributed, or sold for a commercial purpose. The term also includes

any agricultural practices used in the production of such products.

3. "Defamatory statement" means intentional words or conduct which reflects on the

character or reputation of another or upon the quality, safety, or value of another's

property in a manner which tends:

a. To lower another in the estimation of the community;

b. To deter third persons from dealing with another; or

c. To deter third persons from buying the products of another.

4. "Disseminate" means to publish or otherwise convey a statement to a third party but

does not include repeating a false and defamatory statement made by another unless

the person repeating the statement knew the statement was false.

5. "False statement" means a statement that either expressly includes a fact or implies a

fact as justification for an opinion and the fact is not based upon reasonable and

reliable scientific inquiry, data, or facts.

6. "Knowing the statement to be false" means the communicator knew the statement was

false or acted with reckless disregard of whether the statement was false.
N.D. Cent. Code § 32-44-04 — ND Code / Title 32 / Chapter 32-44 / Section 32-44-04
32-44-04. Statute of limitations
Status: in_force

32-44-04. Statute of limitations

Any civil action for damages under this chapter must be commenced within two years from

the date of the false and defamatory statement.
N.D. Cent. Code § 32-43-06 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-06
32-43-06. Timely and sufficient correction or clarification
Status: in_force

32-43-06. Timely and sufficient correction or clarification

1. A correction or clarification is timely if it is published before, or within forty-five days

after, receipt of a request for correction or clarification, unless the period is extended

under section 32-43-04.

2. A correction or clarification is sufficient if it:

a. Is published with a prominence and in a manner and medium reasonably likely to

reach substantially the same audience as the publication complained of;

b. Refers to the statement being corrected or clarified and:

(1) Corrects the statement;

(2) In the case of defamatory meaning arising from other than the express

language of the publication, disclaims an intent to communicate that

meaning or to assert its truth; or

(3) In the case of a statement attributed to another person, disclaims an intent

to assert the truth of the statement; and

c. Is communicated to the person who has made a request for correction or

clarification.

3. A correction or clarification is published in a medium reasonably likely to reach

substantially the same audience as the publication complained of if it is published in a

later issue, edition, or broadcast of the original publication.

4. If a later issue, edition, or broadcast of the original publication will not be published

within the time limits established for a timely correction or clarification, a correction or

clarification is published in a manner and medium reasonably likely to reach

substantially the same audience as the publication complained of if:

a. It is timely published in a reasonably prominent manner in another medium likely

to reach an audience reasonably equivalent to the original publication or, if the

parties cannot agree on another medium, in the newspaper with the largest

general circulation in the region in which the original publication was distributed;

b. Reasonable steps are taken to correct undistributed copies of the original

publication, if any; and

c. It is published in the next practicable issue, edition, or broadcast, if any, of the

original publication.

5. A correction or clarification is timely and sufficient if the parties agree in writing that it is

timely and sufficient.
N.D. Cent. Code § 32-08.1-09 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-09
32-08.1-09. Attachment of real estate
Status: in_force

32-08.1-09. Attachment of real estate

To attach real estate the sheriff shall file in the office of the recorder a copy of the writ with

the sheriff's certificate that by virtue of the original writ the sheriff has attached all the interest of

the named defendant in such real estate, describing the same.
N.D. Cent. Code § 32-23-08 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-08
32-23-08. Supplemental relief
Status: in_force

32-23-08. Supplemental relief

Further relief based on a declaratory judgment or decree may be granted whenever

necessary or proper. The application therefor shall be by petition to a court having jurisdiction to

grant the relief. If the application is deemed sufficient, the court, on reasonable notice, shall

require any adverse party whose rights have been adjudicated by the declaratory judgment or

decree to show cause why further relief should not be granted forthwith.
N.D. Cent. Code § 32-03.2-11 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-11
32-03.2-11. When court or jury may give exemplary damages
Status: in_force

32-03.2-11. When court or jury may give exemplary damages

1. In any action for the breach of an obligation not arising from contract, when the

defendant has been guilty by clear and convincing evidence of oppression, fraud, or

malice, the court or jury, in addition to the actual damages, may give damages for the

sake of example and by way of punishing the defendant. Upon commencement of the

action, the complaint may not seek exemplary damages. After filing the suit, a party

may make a motion to amend the pleadings to claim exemplary damages. The motion

must allege an applicable legal basis for awarding exemplary damages and must be

accompanied by one or more affidavits or deposition testimony showing the factual

basis for the claim. The party opposing the motion may respond with affidavit or

deposition testimony. If the court finds, after considering all submitted evidence, that

there is sufficient evidence to support a finding by the trier of fact that a preponderance

of the evidence proves oppression, fraud, or malice, the court shall grant the moving

party permission to amend the pleadings to claim exemplary damages. For purposes

of tolling the statute of limitations, pleadings amended under this section relate back to

the time the action was commenced.

2. If either party so elects, the trier of fact shall first determine whether compensatory

damages are to be awarded before addressing any issues related to exemplary

damages. Evidence relevant only to the claim for exemplary damages is not

admissible in the proceeding on liability for compensatory damages. If an award of

compensatory damages has been made, the trier of fact shall determine whether

exemplary damages are to be awarded.

3. Evidence of a defendant's financial condition or net worth is not admissible in the

proceeding on exemplary damages.

4. If the trier of fact determines that exemplary damages are to be awarded, the amount

of exemplary damages may not exceed two times the amount of compensatory

damages or two hundred fifty thousand dollars, whichever is greater; provided,

however, that no award of exemplary damages may be made if the claimant is not

entitled to compensatory damages. In a jury trial, the jury may not be informed of the

limit on damages contained in this subsection. Any jury award in excess of this limit

must be reduced by the court.

5. In order for a party to recover exemplary damages, the finder of fact shall find by clear

and convincing evidence that the amount of exemplary damages awarded is

consistent with the following principles and factors:

a. Whether there is a reasonable relationship between the exemplary damage

award claimed and the harm likely to result from the defendant's conduct as well

as the harm that actually has occurred;

b. The degree of reprehensibility of the defendant's conduct and the duration of that

conduct; and

c. Any of the following factors as to which evidence is presented:

(1) The defendant's awareness of and any concealment of the conduct;

(2) The profitability to the defendant of the wrongful conduct and the desirability

of removing that profit and of having the defendant also sustain a loss; and

(3) Criminal sanctions imposed on the defendant for the same conduct that is

the basis for the exemplary damage claim, these to be taken into account if

offered in mitigation of the exemplary damage award.

6. Exemplary damages may not be awarded against a manufacturer or seller if the

product's manufacture, design, formulation, inspection, testing, packaging, labeling,

and warning complied with:

a. Federal statutes existing at the time the product was produced;

b. Administrative regulations existing at the time the product was produced that

were adopted by an agency of the federal government which had responsibility to

regulate the safety of the product or to establish safety standards for the product

pursuant to a federal statute; or

c. Premarket approval or certification by an agency of the federal government.

7. The defense in subsection 6 does not apply if the plaintiff proves by clear and

convincing evidence that the product manufacturer or product seller:

a. Knowingly and in violation of applicable agency regulations withheld or

misrepresented information required to be submitted to the agency, which

information was material and relevant to the harm in question; or

b. Made an illegal payment to an official of the federal agency for the purpose of

securing approval of the product.

8. Exemplary damages may be awarded against a principal because of an act by an

agent only if at least one of the following is proved by clear and convincing evidence to

be true:

a. The principal or a managerial agent authorized the doing and manner of the act;

b. The agent was unfit and the principal or a managerial agent was reckless in

employing or retaining the agent;

c. The agent was employed in a managerial capacity and was acting in the scope of

employment; or

d. The principal or managerial agent ratified or approved the doing and manner of

the act.

9. In a civil action involving a motor vehicle accident resulting in bodily injury, it is

sufficient for the trier of fact to consider an award of exemplary damages against the

driver under the motion procedures provided in subsection 1 if clear and convincing

evidence indicates that the accident was caused by a driver who was operating or in

physical control of a motor vehicle:

a. With an alcohol concentration of at least eight one-hundredths of one percent by

weight;

b. Under the influence of a controlled substance unless a drug that predominantly

caused impairment was used only as directed or cautioned by a practitioner who

legally prescribed or dispensed the drug to the driver;

c. Under the influence of alcohol and refused to take a test required under chapter

39-20; or

d. Under the influence of a volatile chemical as listed in section 19-03.1-22.1.

At the trial in an action in which the trier of fact will consider an award of exemplary

damages, evidence that the driver has been convicted of violating section 39-08-01 or

an equivalent statute or ordinance is admissible into evidence.
N.D. Cent. Code § 32-01-01 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-01
32-01-01. Remedies - Classification
Status: in_force

32-01-01. Remedies - Classification

Remedies in the courts of justice are divided into:

1. Actions.

2. Special proceedings.
N.D. Cent. Code § 32-29.3-06 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-06
32-29.3-06. Validity of agreements to arbitrate
Status: in_force

32-29.3-06. Validity of agreements to arbitrate

1. An agreement contained in a record to submit to arbitration any existing or subsequent

controversy arising between the parties to the agreement is valid, enforceable, and

irrevocable except upon a ground that exists at law or in equity for the revocation of a

contract.

2. The court shall decide whether an agreement to arbitrate exists or a controversy is

subject to an agreement to arbitrate.

3. An arbitrator shall decide whether a condition precedent to arbitrability has been

fulfilled and whether a contract containing a valid agreement to arbitrate is

enforceable.

4. If a party to a judicial proceeding challenges the existence of, or claims that a

controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may

continue pending final resolution of the issue by the court, unless the court otherwise

orders.
N.D. Cent. Code § 32-29.4-05 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-05
32-29.4-05. Notice of arbitration
Status: in_force

32-29.4-05. Notice of arbitration

A party may initiate arbitration by giving notice to arbitrate to the other party in the manner

specified in the arbitration agreement or, in the absence of a specified manner, under the law

and procedural rules of this state other than this chapter governing contractual arbitration.
N.D. Cent. Code § 32-04-25 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-25
32-04-25. Partial cancellation
Status: in_force

32-04-25. Partial cancellation

When an instrument is evidence of different rights or obligations, it may be canceled in part

and allowed to stand for the residue.
N.D. Cent. Code § 32-08.1-18 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-18
32-08.1-18. Trial or special answer
Status: in_force

32-08.1-18. Trial or special answer

In making its determination of the issue raised by the special answer, the court shall

consider any undue hardship on the defendant that would result from an issuance of the

warrant. If the court finds for the defendant, the judge presiding shall tax the defendant's costs

of such trial and an order shall be entered dismissing the writ or that the property attached be

delivered to the defendant. The jury or the court shall, on the trial of the action or thereafter,

assess the damages sustained by the defendant by reason of the taking and detention or sale

of the property attached or by reason of any injury thereto. The same, together with the costs so

taxed, shall be a setoff to the plaintiff's demand, and if in excess of it, or the plaintiff fails to

recover, the defendant shall have judgment for the amount due. If the court on the trial of such

special issue finds for the plaintiff, the presiding judge shall tax the plaintiff's costs of such trial,

and the amount so taxed shall, if the plaintiff recovers, be taxed by the clerk as disbursement in

the action. If the defendant or the defendant's assignee recovers judgment in the action, said

costs and the judgment shall be offset.
N.D. Cent. Code § 32-29.3-03 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-03
32-29.3-03. When chapter applies
Status: in_force

32-29.3-03. When chapter applies

1. This chapter governs an agreement to arbitrate made after July 31, 2003.

2. This chapter governs an agreement to arbitrate made before August 1, 2003, if all the

parties to the agreement or to the arbitration proceeding so agree in a record.

3. After July 31, 2005, this chapter governs an agreement to arbitrate whenever made.

Until August 1, 2005, chapter 32-29.2, as it existed on July 31, 2003, applies to

agreements made after June 30, 1987.
N.D. Cent. Code § 32-02-06 — ND Code / Title 32 / Chapter 32-02 / Section 32-02-06
32-02-06. Finding by judge
Status: in_force

32-02-06. Finding by judge

The judge of the court shall annex the examination to the undertaking, endorse the judge's

finding of sufficiency or insufficiency thereon, and cause the same to be filed in the office of the

clerk of the court in which the action is pending.
N.D. Cent. Code § 32-35-01 — ND Code / Title 32 / Chapter 32-35 / Section 32-35-01
32-35-01. Definition of writ of prohibition
Status: in_force

32-35-01. Definition of writ of prohibition

The writ of prohibition is the counterpart of the writ of mandamus. It arrests the proceedings

of any tribunal, corporation, board, or person, when such proceedings are without or in excess

of the jurisdiction of such tribunal, corporation, board, or person.
N.D. Cent. Code § 32-03.1-02.3 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-02.3
32-03.1-02.3. Automated external defibrillators - Liability limited
Status: in_force

32-03.1-02.3. Automated external defibrillators - Liability limited

An individual who in good faith and without compensation provides training to use an

automated external defibrillator, emergency care by using an automated external defibrillator, or

emergency treatment by using an automated external defibrillator is immune from civil liability

for any personal injury resulting from the training, emergency care, or emergency treatment and

for any act or failure to act in providing or arranging further medical treatment if the individual

providing the training, emergency care, or emergency treatment acted as an ordinary,

reasonable, prudent person would act under the same or similar circumstances. This section

does not apply if a personal injury results from the gross negligence or from the willful or wanton

misconduct of the individual providing the training, emergency care, or emergency treatment.

This section provides immunity to the person responsible for the site on which the automated

external defibrillator is located. This section does not limit civil liability protection provided by any

other law.
N.D. Cent. Code § 32-39-02 — ND Code / Title 32 / Chapter 32-39 / Section 32-39-02
32-39-02. Voluntary service or payment not admission of liability
Status: in_force

32-39-02. Voluntary service or payment not admission of liability

No receipt of a voluntary service or partial payment of a claim, including a claim of medical

malpractice, against any person based on alleged liability of that person for injury or damage

arising out of any occurrence may be construed as a waiver or release of the claim by the

person receiving the service or payment, unless a written waiver or release is given. No receipt,

provision, or payment of a voluntary service or partial payment of a claim may reduce the

amount of damages which may be pleaded and proved in a court proceeding between the

parties.
N.D. Cent. Code § 32-12.2-08 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-08
32-12.2-08. Duties of director of the office of management and budget
Status: in_force

32-12.2-08. Duties of director of the office of management and budget

The director of the office of management and budget is responsible for determining the

specifications for liability insurance or coverage for the state. The director shall require an

insurance company or government self-insurance pool providing coverage for the state to

guarantee that its policy or memorandum of coverage provides minimum coverages pursuant to

required specifications and is primary coverage to any coverage under the risk management

fund.
N.D. Cent. Code § 32-03-20 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-20
32-03-20. Measure of damages for tort
Status: in_force

32-03-20. Measure of damages for tort

For the breach of an obligation not arising from contract, the measure of damages, except

when otherwise expressly provided by law, is the amount which will compensate for all the

detriment proximately caused thereby, whether it could have been anticipated or not.
N.D. Cent. Code § 32-29.4-25 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-25
32-29.4-25. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

32-29.4-25. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and

National Commerce Act [Pub. L. 106-229; 114 Stat. 464; 15 U.S.C. 7001 et seq.], but does not

modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic

delivery of any of the notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 32-11-04 — ND Code / Title 32 / Chapter 32-11 / Section 32-11-04
32-11-04. Defendant's admissions
Status: in_force

32-11-04. Defendant's admissions

When the answer of the defendant expressly or by not denying admits part of the plaintiff's

claim to be just, the court, on motion, may order such defendant to satisfy that part of the claim,

and may enforce the order as it enforces a judgment or a provisional remedy.
N.D. Cent. Code § 32-46.2-07 — ND Code / Title 32 / Chapter 32-46.2 / Section 32-46.2-07
32-46.2-07. Statute of limitations
Status: in_force

32-46.2-07. Statute of limitations

1. The period of limitations for an asbestos action that is not barred as of August 1, 2021,

may not accrue, nor may the running of limitations commence, before the earlier of the

date:

a. The exposed individual received a medical diagnosis of an asbestos-related

impairment;

b. The exposed individual discovered facts that would have led a reasonable

individual to obtain a medical diagnosis with respect to the existence of an

asbestos-related impairment; or

c. The date of death of the exposed individual having an asbestos-related

impairment.

2. This section does not revive or extend limitations with respect to any claim for

asbestos-related impairment that was time-barred on August 1, 2021.
N.D. Cent. Code § 32-10-01 — ND Code / Title 32 / Chapter 32-10 / Section 32-10-01
32-10-01. Receiver - When appointed
Status: in_force

32-10-01. Receiver - When appointed

A receiver may be appointed by the court in which an action is pending, or by a judge

thereof:

1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to

subject any property or fund to the creditor's claim, or between partners or others

jointly owning or interested in any property or fund, on the application of the plaintiff, or

of any party whose right to or interest in the property or fund or the proceeds thereof is

probable, and when it is shown that the property or fund is in danger of being lost,

removed, or materially injured.

2. In an action by a mortgagee for the foreclosure of the mortgage and sale of the

mortgaged property, when it appears that the mortgaged property is in danger of being

lost, removed, or materially injured, or that the conditions of the mortgage have not

been performed and that the property is probably insufficient to discharge the

mortgage debt.

3. After judgment, to carry the judgment into effect.

4. After judgment, to dispose of the property according to the judgment or to preserve it

during the pendency of an appeal, or in proceedings in aid of execution, when an

execution has been returned unsatisfied, or when the judgment debtor refuses to apply

the debtor's property in satisfaction of the judgment.

5. In the cases provided in this code, when a corporation or limited liability company has

been dissolved, or is insolvent or in imminent danger of insolvency, or has forfeited its

corporate rights, and in like cases within this state, of foreign corporations and of

foreign limited liability companies.

6. In all other cases in which receivers heretofore have been appointed by the usages of

courts of equity.
N.D. Cent. Code § 32-10.1-13 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-13
32-10.1-13. Stay - Injunction
Status: in_force

32-10.1-13. Stay - Injunction

1. Except as otherwise provided in subsection 4 or ordered by the court, an order

appointing a receiver operates as a stay, applicable to all persons, of an act, action, or

proceeding:

a. To obtain possession of, exercise control over, or enforce a judgment against

receivership property; and

b. To enforce a lien against receivership property to the extent the lien secures a

claim against the owner which arose before entry of the order.

2. Except as otherwise provided in subsection 4, the court may enjoin an act, action, or

proceeding against or relating to receivership property if the injunction is necessary to

protect the property or facilitate administration of the receivership.

3. A person whose act, action, or proceeding is stayed or enjoined under this section may

apply to the court for relief from the stay or injunction for cause.

4. An order under subsection 1 or 2 does not operate as a stay or injunction of:

a. An act, action, or proceeding to foreclose or otherwise enforce a mortgage by the

person seeking appointment of the receiver;

b. An act, action, or proceeding to perfect, or maintain or continue the perfection of,

an interest in receivership property;

c. Commencement or continuation of a criminal proceeding;

d. Commencement or continuation of an action or proceeding, or enforcement of a

judgment other than a money judgment in an action or proceeding, by a

governmental unit to enforce its police or regulatory power; or

e. Establishment by a governmental unit of a tax liability against the owner or

receivership property or an appeal of the liability.

5. The court may void an act that violates a stay or injunction under this section.

6. If a person knowingly violates a stay or injunction under this section, the court may:

a. Award actual damages caused by the violation, reasonable attorney's fees, and

costs; and

b. Sanction the violation as civil contempt.
N.D. Cent. Code § 32-29.3-17 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-17
32-29.3-17. Witnesses - Subpoenas - Depositions - Discovery
Status: in_force

32-29.3-17. Witnesses - Subpoenas - Depositions - Discovery

1. An arbitrator may issue a subpoena for the attendance of a witness and for the

production of records and other evidence at any hearing and may administer oaths. A

subpoena must be served in the manner for service of subpoenas in a civil action and,

upon motion to the court by a party to the arbitration proceeding or the arbitrator,

enforced in the manner for enforcement of subpoenas in a civil action.

2. In order to make the proceedings fair, expeditious, and cost-effective, upon request of

a party to or a witness in an arbitration proceeding, an arbitrator may permit a

deposition of any witness to be taken for use as evidence at the hearing, including a

witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator

shall determine the conditions under which the deposition is taken.

3. An arbitrator may permit such discovery as the arbitrator decides is appropriate in the

circumstances, taking into account the needs of the parties to the arbitration

proceeding and other affected persons and the desirability of making the proceeding

fair, expeditious, and cost-effective.

4. If an arbitrator permits discovery under subsection 3, the arbitrator may order a party

to the arbitration proceeding to comply with the arbitrator's discovery-related orders,

issue subpoenas for the attendance of a witness and for the production of records and

other evidence at a discovery proceeding, and take action against a noncomplying

party to the extent a court could if the controversy were the subject of a civil action in

this state.

5. An arbitrator may issue a protective order to prevent the disclosure of privileged

information, confidential information, trade secrets, and other information protected

from disclosure to the extent a court could if the controversy were the subject of a civil

action in this state.

6. All laws compelling a person under subpoena to testify and all fees for attending a

judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an

arbitration proceeding as if the controversy were the subject of a civil action in this

state.

7. The court may enforce a subpoena or discovery-related order for the attendance of a

witness within this state and for the production of records and other evidence issued

by an arbitrator in connection with an arbitration proceeding in another state upon

conditions determined by the court so as to make the arbitration proceeding fair,

expeditious, and cost-effective. A subpoena or discovery-related order issued by an

arbitrator in another state must be served in the manner provided by law for service of

subpoenas in a civil action in this state and, upon motion to the court by a party to the

arbitration proceeding or the arbitrator, enforced in the manner provided by law for

enforcement of subpoenas in a civil action in this state.
N.D. Cent. Code § 32-06-11 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-11
32-06-11. Restraining orders - Orders to show cause - Motions
Status: in_force

32-06-11. Restraining orders - Orders to show cause - Motions

Superseded by N.D.R.Civ.P., Rule 65.
N.D. Cent. Code § 32-44-02 — ND Code / Title 32 / Chapter 32-44 / Section 32-44-02
32-44-02. Civil liability for defamation of agricultural producers
Status: in_force

32-44-02. Civil liability for defamation of agricultural producers

A person who willfully or purposefully disseminates a false and defamatory statement,

knowing the statement to be false, regarding an agricultural producer or an agricultural product

under circumstances in which the statement may be reasonably expected to be believed and

the agricultural producer is damaged as a result, is liable to the agricultural producer for

damages and other relief allowed by law in a court of competent jurisdiction, including injunctive

relief and compensatory and exemplary damages. If it is found by a court or jury that a person

has maliciously disseminated a false and defamatory statement regarding an agricultural

product or agricultural producer, the agricultural producer may recover up to three times the

actual damages proven and the court must order that the agricultural producer recover costs,

disbursements, and actual reasonable attorney's fees incurred in the action.
N.D. Cent. Code § 32-10.1-03 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-03
32-10.1-03. Scope - Exclusions
Status: in_force

32-10.1-03. Scope - Exclusions

1. Except as provided under subsection 2 or 3, this chapter applies to a receivership for

an interest in real property and any personal property related to or used in operating

the real property.

2. This chapter does not apply to a receivership for an interest in real property improved

by one to four dwelling units unless:

a. The interest is used for agricultural, commercial, industrial, or mineral-extraction

purposes, other than incidental uses by an owner occupying the property as the

owner's primary residence;

b. The interest secures an obligation incurred at a time when the property was used

or planned for use for agricultural, commercial, industrial, or mineral-extraction

purposes;

c. The owner planned or is planning to develop the property into one or more

dwelling units to be sold or leased in the ordinary course of the owner's business;

or

d. The owner is collecting or has the right to collect rents or other income from the

property from a person other than an affiliate of the owner.

3. This chapter does not apply to a receivership authorized by any other provision of law

in which the receiver is a governmental unit or an individual acting in an official

capacity on behalf of the unit except to the extent provided by the other law.

4. This chapter does not limit the authority of a court to appoint a receiver under any

other provision of law.

5. Unless displaced by a particular provision of this chapter, the principles of law and

equity supplement this chapter.
N.D. Cent. Code § 32-22-38 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-38
32-22-38. Removing or concealing prisoner to avoid writ - Penalty
Status: in_force

32-22-38. Removing or concealing prisoner to avoid writ - Penalty

Anyone having a person in custody or under restraint, power, or control, for whose relief a

writ of habeas corpus is issued, who, with intent to avoid the effect of such writ, shall transfer

such person to the custody, or place such person under control of another, or shall conceal such

person or change the place of such person's confinement with intent to avoid the operation of

such writ, or with intent to remove such person out of this state, shall be guilty of a class C

felony. In any prosecution under this section, it shall not be necessary to show that the writ of

habeas corpus had issued at the time of the removal, transfer, or concealment therein

mentioned, if it is proven that the acts therein forbidden were done with the intent to avoid the

operation of such writ.
N.D. Cent. Code § 32-31-07 — ND Code / Title 32 / Chapter 32-31 / Section 32-31-07
32-31-07. Sale to cash purchaser at execution sale
Status: in_force

32-31-07. Sale to cash purchaser at execution sale

If, however, the real estate is sold by the sheriff at execution sale to a cash purchaser, the

sheriff shall pay over to the clerk of the district court the proceeds of the sale to be disposed of

in accordance with the order of the court.
N.D. Cent. Code § 32-03-57.1 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-57.1
32-03-57.1. Behavior health instruction - Immunity from civil liability
Status: in_force

32-03-57.1. Behavior health instruction - Immunity from civil liability

1. A person employed or contracted to provide a behavior health service, or any other

service, through the 988 suicide and crisis lifeline, 211 information and referral

helpline, or 911 system is not liable for any civil damages arising from providing the

service to any individual unless the service provided constitutes willful and wanton

misconduct or gross negligence.

2. This section does not waive, limit, or modify any existing immunity or other defense of

the state or any political subdivision, or any of its agencies, departments, or

employees, nor does it create any claim for relief against any of these entities.
N.D. Cent. Code § 32-31-06 — ND Code / Title 32 / Chapter 32-31 / Section 32-31-06
32-31-06. Disposal of land by county
Status: in_force

32-31-06. Disposal of land by county

If redemption is not made from the execution sale at the expiration of the period of

redemption, a sheriff's deed shall be issued to the county, and the board of county

commissioners shall dispose of the land by sale as in other cases. Out of the proceeds of such

sale, after paying the costs of such action and of the sale, there shall be paid all general taxes,

or if the sum realized is not sufficient to pay all general taxes, then the county auditor shall

apportion the amount realized ratably among the state and the several interested taxing

districts. Irrigation district assessments and hail insurance taxes shall be considered general

taxes in making such apportionment. After paying all general taxes, such portion of the balance

as may be necessary shall be applied in payment of special assessments, or if the amount is

not sufficient to pay special assessments in full, then the amount available shall be apportioned

ratably among the special assessment funds entitled to share therein. Any balance remaining

after the payment of all costs, general taxes, irrigation district assessments, hail insurance

taxes, and special assessments shall be paid into the general fund of the county.
N.D. Cent. Code § 32-19.2-01 — ND Code / Title 32 / Chapter 32-19.2 / Section 32-19.2-01
32-19.2-01. Appointment of trustee
Status: in_force

32-19.2-01. Appointment of trustee

On application of the mortgagee or contract for deed vendor, in any action for the

foreclosure of a real estate mortgage or for cancellation of a contract for deed upon any

commercial building, including apartments of two or more units, the court, upon ten days' notice

to the mortgagor or contract for deed vendee, may, upon good cause being shown, appoint a

trustee to take possession of the premises. Any person, other than the mortgagee or vendor, or

its agents or employees, may act as trustee if the court deems the person qualified.
N.D. Cent. Code § 32-04-12 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-12
32-04-12. What obligations cannot be enforced specifically
Status: in_force

32-04-12. What obligations cannot be enforced specifically

The following obligations cannot be enforced specifically:

1. An obligation to render personal service.

2. An obligation to employ another in personal service.

3. An agreement to perform an act that the party has no power lawfully to perform when

required to do so.

4. An agreement to procure the act or consent of the spouse of the contracting party or of

any other third person.

5. An agreement, the terms of which are not sufficiently certain to make the precise act

that is to be done clearly ascertainable.
N.D. Cent. Code § 32-04-15 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-15
32-04-15. Effect of imperfect title
Status: in_force

32-04-15. Effect of imperfect title

An agreement for the sale of property cannot be enforced specifically in favor of a seller

who cannot give to the buyer a title free from reasonable doubt.
N.D. Cent. Code § 32-19-11 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-11
32-19-11. When surplus invested
Status: in_force

32-19-11. When surplus invested

If the surplus is one thousand dollars or more and is not applied for within ninety days, the

court may direct the same to be deposited at interest for benefit of the defendant, the

defendant's representatives, or assigns, subject to the order of the court.
N.D. Cent. Code § 32-15-03 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-03
32-15-03. What estate subject to be taken
Status: in_force

32-15-03. What estate subject to be taken

The following is a classification of the estates and rights in lands subject to be taken for

public use:

1. A fee simple, when taken for public buildings or grounds, for permanent buildings, for

reservoirs and dams and permanent flooding occasioned thereby, for an outlet for a

flow or a place for the deposit of debris or tailings of a mine, or for the construction of

parking lots and facilities for motor vehicles.

2. An easement, when taken for highway purposes or for any other use except, upon a

proper allegation of the need therefor, the court shall have the power to order that a

fee simple be taken for such other use.

3. The right of entry upon and occupation of lands and the right to take therefrom such

earth, gravel, stones, trees, and timber as may be necessary for a public use.

However, the provisions of this section shall not authorize the state or any political subdivision

thereof to obtain any rights or interest in or to the oil, gas, or fluid minerals on or underlying any

estate or right in lands subject to be taken for a public use.
N.D. Cent. Code § 32-02-07 — ND Code / Title 32 / Chapter 32-02 / Section 32-02-07
32-02-07. New bond may be furnished
Status: in_force

32-02-07. New bond may be furnished

If the judge finds the sureties insufficient, the party furnishing the bond or undertaking may

have three days within which to furnish a new bond or undertaking, the sureties on which also

shall be subject to justification as provided herein.
N.D. Cent. Code § 32-15-24 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-24
32-15-24. When title defective
Status: in_force

32-15-24. When title defective

If the title acquired is found to be defective from any cause, the plaintiff again may institute

proceedings to acquire the same as in this chapter prescribed.
N.D. Cent. Code § 32-10.1-01 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-01
32-10.1-01. Definitions
Status: in_force

32-10.1-01. Definitions

As used in this chapter:

1. "Affiliate" means:

a. With respect to an individual:

(1) A companion of the individual;

(2) A lineal ancestor or descendant, whether by blood or adoption, of:

(a) The individual; or

(b) A companion of the individual;

(3) A companion of an ancestor or descendant described in paragraph 2;

(4) A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew,

grandniece, or grandnephew of the individual, whether related by the whole

or the half blood or adoption, or a companion of any of those individuals; or

(5) Any other individual occupying the residence of the individual; and

b. With respect to a person other than an individual:

(1) Another person that directly or indirectly controls, is controlled by, or is under

common control with the person;

(2) An officer, director, manager, member, partner, employee, or trustee or other

fiduciary of the person; or

(3) A companion of, or an individual occupying the residence of, an individual

described in paragraph 1 or 2.

2. "Companion" means:

a. The spouse of an individual;

b. The domestic partner of an individual; or

c. Another individual in a civil union with an individual.

3. "Court" means the district court.

4. "Executory contract" means a contract under which each party has an unperformed

obligation and the failure of a party to complete performance would constitute a

material breach. The term includes a lease.

5. "Governmental unit" means an office, department, division, bureau, board,

commission, or other agency of this state or a subdivision of this state.

6. "Lien" means an interest in property which secures payment or performance of an

obligation.

7. "Mortgage" means a record, however denominated, that creates or provides for a

consensual lien on real property or rents, even if it also creates or provides for a lien

on personal property.

8. "Mortgagee" means a person entitled to enforce an obligation secured by a mortgage.

9. "Mortgagor" means a person that grants a mortgage or a successor in ownership of

the real property described in the mortgage.

10. "Owner" means the person for whose property a receiver is appointed.

11. "Person" means an individual, estate, business or nonprofit entity, public corporation,

government or governmental subdivision, agency, or instrumentality, or other legal

entity.

12. "Proceeds" means:

a. Whatever is acquired on the sale, lease, license, exchange, or other disposition

of receivership property;

b. Whatever is collected on, or distributed on account of, receivership property;

c. Rights arising out of receivership property;

d. To the extent of the value of receivership property, claims arising out of the loss,

nonconformity, or interference with the use of, defects or infringement of rights in,

or damage to the property; or

e. To the extent of the value of receivership property and to the extent payable to

the owner or mortgagee, insurance payable by reason of the loss or

nonconformity of, defects or infringement of rights in, or damage to the property.

13. "Property" means all of a person's right, title, and interest, both legal and equitable, in

real and personal property, tangible and intangible, wherever located and however

acquired. The term includes proceeds, products, offspring, rents, or profits of or from

the property.

14. "Receiver" means a person appointed by the court as the court's agent, and subject to

the court's direction, to take possession of, manage, and, if authorized by this chapter

or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of

receivership property.

15. "Receivership" means a proceeding in which a receiver is appointed.

16. "Receivership property" means the property of an owner which is described in the

order appointing a receiver or a subsequent order. The term includes any proceeds,

products, offspring, rents, or profits of or from the property.

17. "Record" means information inscribed on a tangible medium or stored on an electronic

or other medium and retrievable in perceivable form.

18. "Rents" means:

a. Sums payable for the right to possess or occupy, or for the actual possession or

occupation of, real property of another person;

b. Sums payable to a mortgagor under a policy of rental-interruption insurance

covering real property;

c. Claims arising out of a default in the payment of sums payable for the right to

possess or occupy real property of another person;

d. Sums payable to terminate an agreement to possess or occupy real property of

another person;

e. Sums payable to a mortgagor for payment or reimbursement of expenses

incurred in owning, operating, and maintaining real property or constructing or

installing improvements on real property; or

f. Other sums payable under an agreement relating to the real property of another

person which constitute rent under any other provision of law.

19. "Secured obligation" means an obligation the payment or performance of which is

secured by a security agreement.

20. "Security agreement" means an agreement that creates or provides for a lien.

21. "Sign" means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic sound, symbol, or

process.

22. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.
N.D. Cent. Code § 32-07-07 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-07
32-07-07. Justification
Status: in_force

32-07-07. Justification

The defendant's sureties shall justify in the manner provided in chapter 32-02. Upon such

justification the sheriff shall deliver the property to the defendant and the undertaking to the

plaintiff. The sheriff shall be responsible for the defendant's sureties, until they justify, or until

justification is completed or expressly waived, and may retain the property until that time, but if

they, or others in their place, fail to justify at the time and place appointed, the sheriff shall

deliver the property to the plaintiff.
N.D. Cent. Code § 32-16-48 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-48
32-16-48. Interest on disbursements
Status: in_force

32-16-48. Interest on disbursements

Whenever during the progress of the action for partition any disbursements shall have been

made under the direction of the court by a party thereto, interest must be allowed thereon from

the time of making such disbursements.
N.D. Cent. Code § 32-08.1-08 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-08
32-08.1-08. Directions to sheriff - Several writs - Limitations on seizure
Status: in_force

32-08.1-08. Directions to sheriff - Several writs - Limitations on seizure

1. The sheriff shall without delay serve copies of the writ, affidavit, and bond upon the

defendant in the same manner as the summons. In the case of a nonresident, a

foreign corporation, or a foreign limited liability company, the sheriff shall serve such

copies on any agent of such defendant in the county, if any be known to the sheriff.

The court may, or on demand of the defendant shall, appoint a competent appraiser to

appraise the property of the defendant which is subject to the writ. Copies of the

appraisal, if any, and inventory shall be served upon the defendant.

2. If two or more writs against the same defendant shall be executed on the same

property, an inventory shall be made in but one of the actions, and the sheriff shall

endorse on the copy served upon the defendant in the other action a notice that the

property attached is the property attached in the action in which the inventory was

made, giving the title of such action, and such officer shall state in the officer's return

the fact of such endorsement.

3. If the defendant has not filed a special answer, pursuant to section 32-08.1-17, within

ten days after notice of the issuance of a writ of attachment, the sheriff shall seize, in

the sheriff's county, so much of the property of the defendant as will satisfy the

demand of the plaintiff with costs and expenses. The sheriff shall attach real property

and perishable property without delay, notwithstanding the right of the defendant to file

a special answer.
N.D. Cent. Code § 32-15-06 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-06
32-15-06. Entry for making surveys
Status: in_force

32-15-06. Entry for making surveys

1. a. In a case in which land is required for public use, the person or the person's

agents in charge of the use may survey and locate the land after providing the

owner on the tax list a written notice of intent to survey. The notice must contain

the name, proposed completion date, type, proposed route or location of the

project associated with the survey, nature of the work the person in charge of the

public use intends to complete, and the name, telephone number, physical

address, and mailing address of the person in charge of the public use.

b. The person in charge of the public use shall deliver the notice to the owner on the

tax list through certified mail. The person in charge of the public use may not

survey the land until thirty days after delivery of the notice, unless the owner

consents to an earlier survey date. If the person in charge of the public use fails

to survey the land within ninety days of delivery of the notice, the person shall

deliver a new notice of intent to survey through certified mail. A survey conducted

under a subsequently issued notice of intent to survey must be conducted in

accordance with the timeline established under this subdivision.

2. The survey and location of the condemner's project must be located in the manner

which will be compatible with the greatest public benefit and the least private injury

and subject to section 32-15-21.

3. The person in charge of the public use may enter upon the land and make

examinations, surveys, and maps of the land in accordance with subsection 1, and the

entry does not constitute a claim for relief in favor of the owner of the land except for

injuries resulting from negligence, wantonness, or malice.
N.D. Cent. Code § 32-12.2-13 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-13
32-12.2-13. Contract between the state and a political subdivision
Status: in_force

32-12.2-13. Contract between the state and a political subdivision

A contract between the state and a political subdivision may not contain a provision that

requires one party to assume the liability of the other or the liability of a third party or to bear the

costs of defense of actions against the other or against a third party.
N.D. Cent. Code § 32-39-03 — ND Code / Title 32 / Chapter 32-39 / Section 32-39-03
32-39-03. Agreement by parties - Credit for service or payment
Status: in_force

32-39-03. Agreement by parties - Credit for service or payment

Upon final voluntary compromise settlement of any claim, including a claim of medical

malpractice, against any person based on alleged liability of that person for injury or damage

arising out of any occurrence, the parties may make any agreement they desire concerning

previous voluntary services or partial payments of the claim. If the claim is tried in a court, after

entry of judgment involving the claim, the value of any previous voluntary service or partial

payment of the claim must be deducted from the amount of the judgment if the value thereof

was included in the assessment of damages contained in the judgment. If, after entry of

judgment involving the claim, it is determined by the judgment that the amount of injury or

damages is less than the value of the previous services and voluntary payments, the provider of

the services or payer of the payments has no claim for relief for the recovery of amounts by

which the voluntary services or payments exceed the final court judgment.
N.D. Cent. Code § 32-29.4-03 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-03
32-29.4-03. Applicable law
Status: in_force

32-29.4-03. Applicable law

1. Except as otherwise provided in this chapter, the law applicable to arbitration is

2. In determining the merits of a family law dispute, an arbitrator shall apply the law of

this state, including its choice of law rules.
N.D. Cent. Code § 32-34-03 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-03
32-34-03. Alternative or peremptory
Status: in_force

32-34-03. Alternative or peremptory

The writ may be either alternative or peremptory. The alternative writ must state generally

the allegation against the party to whom it is directed and must command such party

immediately upon the receipt of the writ, or at some other specified time, to do the act required

to be performed or to show cause before the court at a specified time and place why the party

has not done such act. The peremptory writ must be in a similar form except that the words

requiring the party to show cause why the party has not obeyed the command must be omitted

and a return day inserted.
N.D. Cent. Code § 32-03-02 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-02
32-03-02. Detriment defined
Status: in_force

32-03-02. Detriment defined

Detriment is a loss or harm suffered in person or property.
N.D. Cent. Code § 32-03.4-09 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-09
32-03.4-09. No payee liability for failure to comply with chapter
Status: in_force

32-03.4-09. No payee liability for failure to comply with chapter

A payee who proposes to make a transfer of structured settlement payment rights may not

incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to

the proposed transferee or any assignee based on any failure of the transfer to satisfy the

conditions of this chapter.
N.D. Cent. Code § 32-48-04 — ND Code / Title 32 / Chapter 32-48 / Section 32-48-04
32-48-04. Safe harbor for compliance with statutes, regulations, or executive orders
Status: in_force

32-48-04. Safe harbor for compliance with statutes, regulations, or executive orders

A person is immune from civil liability for an act or omission resulting in damage or injury

sustained from exposure or potential exposure to COVID-19 if the act or omission was in

substantial compliance or was consistent with a federal or state statute, regulation, or order

related to COVID-19 which was applicable to the person or activity at issue at the time of the

alleged exposure or potential exposure.
N.D. Cent. Code § 32-31-03 — ND Code / Title 32 / Chapter 32-31 / Section 32-31-03
32-31-03. Action brought by whom
Status: in_force

32-31-03. Action brought by whom

An action to foreclose a tax lien shall be brought in the name of the county in which such

real estate is situated as plaintiff, and may be instituted by the attorney general or by the state's

attorney of such county.
N.D. Cent. Code § 32-15-26 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-26
32-15-26. Payment or deposit - Proceedings annulled
Status: in_force

32-15-26. Payment or deposit - Proceedings annulled

Payment may be made to the defendant entitled thereto, or the money may be deposited in

court for the defendant and be distributed to those entitled thereto. If the money is not so paid or

deposited, the defendant may have execution as in civil actions, unless execution is stayed by

order of the court pending a motion for a new trial or on appeal, and if the money cannot be

made on execution, the court upon a showing to that effect must set aside and annul the entire

proceedings.
N.D. Cent. Code § 32-22-03 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-03
32-22-03. Application for writ - Contents - Verification
Status: in_force

32-22-03. Application for writ - Contents - Verification

Application for the writ must be made by petition signed either by the person for whose relief

it is intended or by some person in that person's behalf, and must specify:

1. That the person in whose behalf the writ is applied for is imprisoned or restrained of

the person's liberty, the officer or person by whom the person is so confined or

restrained, and the place where, naming all the parties if they are known, or describing

them if they are not known.

2. The cause or pretense of such confinement or restraint according to the knowledge or

belief of the party verifying the petition.

3. If the confinement or restraint is by virtue of any warrant, order, or process, a copy

thereof shall be annexed, or it shall be averred because such person was removed or

concealed before application, a demand of such copy could not be made, or that such

demand was made and the legal fees therefor tendered to the officer or person having

such person in custody, and that such copy was refused.

4. If the imprisonment is alleged to be illegal, the petition shall state in what the illegality

consists.

The petition must be verified by the oath or affirmation of the person making the application.
N.D. Cent. Code § 32-10.1-26 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-26
32-10.1-26. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

32-10.1-26. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act [15 U.S.C. Section 7001 et seq.], but does not modify, limit, or

supersede section 101(c) of that act, [15 U.S.C. Section 7001(c)], or authorize electronic

delivery of any of the notices described in section 103(b) of that act, [15 U.S.C. Section

7003(b)].
N.D. Cent. Code § 32-29.3-20 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-20
32-29.3-20. Change of award by arbitrator
Status: in_force

32-29.3-20. Change of award by arbitrator

1. On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may

modify or correct an award:

a. Upon a ground stated in subdivision a or c of subsection 1 of section 32-29.3-24;

b. Because the arbitrator has not made a final and definite award upon a claim

submitted by the parties to the arbitration proceeding; or

c. To clarify the award.

2. A motion under subsection 1 must be made and notice given to all parties within

twenty days after the movant receives notice of the award.

3. A party to the arbitration proceeding must give notice of any objection to the motion

within ten days after receipt of the notice.

4. If a motion to the court is pending under section 32-29.3-22, 32-29.3-23, or

32-29.3-24, the court may submit the claim to the arbitrator to consider whether to

modify or correct the award:

a. Upon a ground stated in subdivision a or c of subsection 1 of section 32-29.3-24;

b. Because the arbitrator has not made a final and definite award upon a claim

submitted by the parties to the arbitration proceeding; or

c. To clarify the award.

5. An award modified or corrected pursuant to this section is subject to subsection 1 of

section 32-29.3-19 and sections 32-29.3-22, 32-29.3-23, and 32-29.3-24.
N.D. Cent. Code § 32-20-01 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-01
32-20-01. Foreclosure authorized
Status: in_force

32-20-01. Foreclosure authorized

An action may be maintained in the district court to foreclose any lien upon personal

property.
N.D. Cent. Code § 32-40-07 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-07
32-40-07. Notice to be provided
Status: in_force

32-40-07. Notice to be provided

Any person, any state agency, or any county, city, township, or other political subdivision,

before commencing any action pursuant to section 32-40-06, shall give thirty days' notice by

certified mail of intent to file suit and of the alleged violation to the person alleged to have

violated the statute, rule, or regulation; to the state agency or to the political subdivision

responsible for the supervision or enforcement of the statute, rule, or regulation alleged to have

been violated; to the state's attorney of the county in which the alleged violation occurred; and

to the attorney general. This section shall not apply to emergency proceedings, brought under

any environmental statute, rule, or regulation, necessary to protect the health, safety, or welfare

of any person.
N.D. Cent. Code § 32-08.1-13 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-13
32-08.1-13. Care of property - Collection of debts
Status: in_force

32-08.1-13. Care of property - Collection of debts

The officer shall deposit with the court the property seized by the officer and the proceeds of

such as shall have been sold to answer any judgment which may be recovered in such action;

and shall, subject to the direction of the court or judge, collect and deposit with the court all the

debts, credits, and effects of the defendant. The retention, protection, and final disposition of the

property must be determined by the court.
N.D. Cent. Code § 32-09.1-02 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-02
32-09.1-02. Creditors may proceed by garnishment
Status: in_force

32-09.1-02. Creditors may proceed by garnishment

Any creditor is entitled to proceed by garnishment in any court having jurisdiction of the

subject of the action against any person, any public corporation, the United States, the state of

North Dakota, or any institution, department, or agency of the state, indebted to or having any

property in possession or under control, belonging to the creditor's debtor after securing a

judgment against the debtor in a court of competent jurisdiction, in the cases, upon the

conditions, and in the manner prescribed in this chapter. A garnishment action brought pursuant

to this chapter is the exclusive procedure which may be used to execute on earnings of a debtor

while those earnings are held by a third-party employer.
N.D. Cent. Code § 32-41-06 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-06
32-41-06. Asserting and defending foreign-money claim
Status: in_force

32-41-06. Asserting and defending foreign-money claim

1. A person may assert a claim in a specified foreign money. If a foreign-money claim is

not asserted, the claim is in United States dollars.

2. An opposing party may allege and prove that a claim, in whole or in part, is in a

different money than that asserted by the claimant.

3. A person may assert a defense, setoff, recoupment, or counterclaim in any money

without regard to the money of other claims.

4. The determination of the proper money of the claim is a question of law.
N.D. Cent. Code § 32-43-02 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-02
32-43-02. Scope
Status: in_force

32-43-02. Scope

This chapter applies to any claim for relief, however characterized, for damages arising out

of defamation caused by the false content of a publication that is published on or after August 1,

1995. This chapter applies to all publications, including writings, broadcasts, oral

communications, electronic transmissions, or other forms of transmitting information.
N.D. Cent. Code § 32-40-10 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-10
32-40-10. Costs
Status: in_force

32-40-10. Costs

If the court finds an action brought under this chapter to have been frivolous, it shall award

costs to the defendants. Otherwise, the court may apportion costs among the parties as the

interests of justice require.
N.D. Cent. Code § 32-03-01 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-01
32-03-01. Damages for any injury
Status: in_force

32-03-01. Damages for any injury

Every person who suffers detriment from the unlawful act or omission of another may

recover from the person in fault a compensation therefor in money, which is called damages.
N.D. Cent. Code § 32-16-14 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-14
32-16-14. Referee's report
Status: in_force

32-16-14. Referee's report

The referees must make a report of their proceedings, specifying therein the manner in

which they executed their trust, and describing the property divided and the share allotted to

each party with a particular description of each share.
N.D. Cent. Code § 32-12.1-13 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-13
32-12.1-13. Bonds may be issued to pay compromised amount - Regulations governing
Status: in_force

32-12.1-13. Bonds may be issued to pay compromised amount - Regulations

governing.

The compromised amount of a judgment agreed upon may be made payable in stated

annual installments over a period not exceeding twenty-five years and at an annual rate of

interest of not more than five percent. The governing body, by a resolution adopted by an

affirmative vote of two-thirds of its members, may issue bonds payable serially and maturing

annually, as the parties may agree, and in the amounts of the annual installments and interest

determined by the compromise, in satisfaction and discharge of the judgment. Bonds issued

under this section shall be delivered to the judgment creditor upon the release of the judgment

and in consideration of the full satisfaction thereof. The bonds shall be executed in the name of

the political subdivision by the executive officer and the auditor or fiscal officer thereof. Except

as otherwise provided in this chapter, the bonds shall be in the form prescribed for political

subdivision bonds which are payable from the levy of a general tax. Prior to the delivery of the

bonds to the judgment creditor, the bonds shall be certified and recorded by the auditor or fiscal

officer in the manner provided by the laws of this state for the certification and recording of

general obligation bonds of political subdivisions.
N.D. Cent. Code § 32-03-26 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-26
32-03-26. Damages for seduction
Status: repealed

32-03-26. Damages for seduction

Repealed by S.L. 1997, ch. 51, § 40.
N.D. Cent. Code § 32-08.1-02 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-02
32-08.1-02. Issuance of writ - Hearing and notice requirement - Form and contents
Status: in_force

32-08.1-02. Issuance of writ - Hearing and notice requirement - Form and contents

A writ of attachment may be issued on the request of the plaintiff before final judgment and

after a summons and a complaint is filed. Except as provided in section 32-08.1-02.1, the writ

may only be issued following a hearing at which the plaintiff shall present the affidavit described

in section 32-08.1-03. The court may issue the writ of attachment only if the plaintiff has

provided the required affidavit, has executed a sufficient bond as required under sections

32-08.1-03 and 32-08.1-05, and has made a prima facie showing of the right to attachment. The

plaintiff shall provide the defendant with a copy of the request for the writ and the accompanying

affidavit and notice of the time of the hearing. The writ, if issued, must be directed to the sheriff

of some county in which the property of the defendant is supposed to be and must require the

sheriff to attach all the property of the defendant within the sheriff's county, or so much thereof

as may be sufficient to satisfy the plaintiff's demand, together with costs and expenses. The writ

must be in the name of the court and be sealed with its seal and signed by its judge.
N.D. Cent. Code § 32-19-36 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-36
32-19-36. Personal service of summons - How made
Status: in_force

32-19-36. Personal service of summons - How made

Personal service of the summons may be made in the manner provided by the North

Dakota Rules of Civil Procedure.
N.D. Cent. Code § 32-22-23 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-23
32-22-23. How person disposed of before judgment
Status: in_force

32-22-23. How person disposed of before judgment

Until judgment is given on the return, the court before whom any party may be brought on

such writ may commit the party to the sheriff of the county or place the party in such care or

under such custody as the party's age or circumstances may require.
N.D. Cent. Code § 32-12.1-10 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-10
32-12.1-10. Statute of limitations
Status: in_force

32-12.1-10. Statute of limitations

1. Except as otherwise provided in this section, an action brought under this chapter

must be commenced within three years after the claim for relief has accrued.

2. An action under this chapter 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 must be commenced:

a. Within nine years after the date the act occurred; or

b. Within twenty-one years after the date the act occurred, if the act occurred when

the plaintiff was under eighteen years of age.

3. If the plaintiff was under fifteen years of age when a claim for relief resulting 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 occurred, the applicable

twenty-one year period of limitation does not begin to run until the plaintiff has reached

fifteen years of age.
N.D. Cent. Code § 32-16-08 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-08
32-16-08. Title, proofs, and judgment
Status: in_force

32-16-08. Title, proofs, and judgment

The rights of the several parties, plaintiff as well as defendant, may be put in issue, tried,

and determined in such action, and when a sale of the premises is necessary, the title must be

ascertained by proof to the satisfaction of the court before the judgment of sale can be made,

and when service of the complaint has been made by publication, like proof must be required of

the right of the absent or unknown parties before such judgment is rendered, except that when

there are several unknown persons having an interest in the property their rights may be

considered together in the action as not between themselves.
N.D. Cent. Code § 32-40-08 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-08
32-40-08. Bond
Status: in_force

32-40-08. Bond

The court may order the complainant to post a cash bond in an amount not to exceed five

hundred dollars to pay any cost or judgment that might be rendered adverse to a complainant in

any action brought under this chapter.
N.D. Cent. Code § 32-28-04 — ND Code / Title 32 / Chapter 32-28 / Section 32-28-04
32-28-04. Costs - Change not to affect rights or pending actions
Status: in_force

32-28-04. Costs - Change not to affect rights or pending actions

All proceedings under this chapter shall be at the cost of the petitioner or petitioners, and

judgment may be entered against the petitioner or petitioners for costs as in other civil actions.

Any change of name under the provisions of this chapter in no manner shall affect or alter any

action or legal proceedings then pending, or any right, title, or interest whatsoever.
N.D. Cent. Code § 32-03-43 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-43
32-03-43. Wrongful life action prohibited - Definition
Status: in_force

32-03-43. Wrongful life action prohibited - Definition

No person may maintain a claim for relief or receive an award for damages on that person's

own behalf based on the claim that, but for the act or omission of another, that person would

have been aborted. As used in this section, "abortion" means the termination of human

pregnancy with an intention other than to produce a live birth or to remove a dead embryo or

fetus.
N.D. Cent. Code § 32-41-11 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-11
32-41-11. Determining United States dollar value of foreign-money claims for limited purposes
Status: in_force

32-41-11. Determining United States dollar value of foreign-money claims for limited

purposes.

1. Computations under this section are for the limited purposes of the section and do not

affect computation of the United States dollar equivalent of the money of the judgment

for the purpose of payment.

2. For the limited purpose of facilitating the enforcement of provisional remedies in an

action, the value in United States dollars of assets to be seized or restrained pursuant

to a writ of attachment, garnishment, execution, or other legal process, the amount of

United States dollars at issue for assessing costs, or the amount of United States

dollars involved for a surety bond or other court-required undertaking, must be

ascertained as provided in subsections 3 and 4.

3. A party seeking process, costs, bond, or other undertaking under subsection 2 shall

compute in United States dollars the amount of the foreign money claimed from a

bank-offered spot rate prevailing at or near the close of business on the banking day

before the filing of a request or application for the issuance of process or for the

determination of costs, or an application for a bond or other court-required

undertaking.

4. A party seeking the process, costs, bond, or other undertaking under subsection 2

shall file with each request or application an affidavit or certificate executed in good

faith by its counsel or a bank officer, stating the market quotation used and how it was

obtained, and setting forth the calculation. Affected court officials incur no liability, after

a filing of the affidavit or certificate, for acting as if the judgment were in the amount of

United States dollars stated in the affidavit or certificate.
N.D. Cent. Code § 32-16-09 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-09
32-16-09. When partial partition adjudged
Status: in_force

32-16-09. When partial partition adjudged

Whenever from any cause in the opinion of the court it is impracticable or highly

inconvenient to make a complete partition in the first instance among all the parties in interest,

the court first may ascertain and determine the shares or interests respectively held by the

original cotenants and thereupon adjudge and cause a partition to be made as if such original

cotenants were the parties and sole parties in interest and the only parties to the action, and

thereafter may proceed in like manner to adjudge and make partition separately of each share

or portion so ascertained or allotted as between those claiming under the original tenant to

whom the same shall have been so set apart, or may allow them to remain tenants in common

thereof as they may desire.
N.D. Cent. Code § 32-22-11 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-11
32-22-11. What the return must set forth
Status: in_force

32-22-11. What the return must set forth

The person upon whom the writ is served must state in the person's return, plainly and

unequivocally:

1. Whether that person has or has not the party in custody or under power or restraint.

2. If that person has the party in custody or power or under restraint, that person must

state the authority and cause of such imprisonment or restraint.

3. If the party is detained by virtue of any writ, warrant, or other written authority, a copy

thereof must be annexed to the return and the original produced and exhibited to the

court on the hearing of such return.

4. If the person upon whom the writ is served had the party in the person's custody or

power or under the person's restraint, at any time prior or subsequent to the date of

the writ of habeas corpus, but has transferred such custody or restraint to another, the

return must state particularly to whom, at what time and place, for what cause, and by

what authority such transfer took place.

5. The return must be signed by the person making the same, and, except when such

person is a sworn public officer and makes such return in an official capacity, it must

be verified by the officer's oath or affirmation.
N.D. Cent. Code § 32-12.1-02 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-02
32-12.1-02. Definitions
Status: in_force

32-12.1-02. Definitions

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

1. "Claim" means any claim permitted by this chapter brought against a political

subdivision for an injury caused by a political subdivision or an employee of the

political subdivision acting within the scope of the employee's employment or office.

2. "Commissioner" means the insurance commissioner.

3. "Employee" means any officer, employee, board member, volunteer, or servant of a

political subdivision, whether elected or appointed and whether or not compensated.

The term does not include an independent contractor, or any person performing tasks

the details of which the political subdivision has no right to control.

4. "Injury" means personal injury, death, or property damage.

5. "Personal injury" includes bodily injury, mental injury, sickness, or disease sustained by

a person, and injury to a person's rights or reputation.

6. "Political subdivision":

a. Includes all counties, townships, park districts, school districts, cities, public

nonprofit corporations, administrative or legal entities responsible for

administration of joint powers agreements, and any other units of local

government which are created either by statute or by the Constitution of North

Dakota for local government or other public purposes, except no new units of

government or political subdivisions are created or authorized by this chapter.

b. Does not include nor may it be construed to mean either the state of North

Dakota or any of the several agencies, boards, bureaus, commissions, councils,

courts, departments, institutions, or offices of government which collectively

constitute the government of the state of North Dakota.

7. "Property damage" includes injury to or destruction of tangible or intangible property.

8. "Public nonprofit corporation" means a nonprofit corporation that performs a

governmental function and is funded, entirely or partly, by the state, a city, county, park

district, school district, or township.
N.D. Cent. Code § 32-10.1-07 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-07
32-10.1-07. Receiver's bond - Alternative security
Status: in_force

32-10.1-07. Receiver's bond - Alternative security

1. Except as provided under subsection 2, a receiver shall post a bond with the court

which:

a. Is conditioned on the faithful discharge of the receiver's duties;

b. Has one or more sureties approved by the court;

c. Is in an amount the court specifies; and

d. Is effective as of the date of the receiver's appointment.

2. The court may approve the posting by a receiver with the court of alternative security,

including a letter of credit or deposit of funds. The receiver may not use receivership

property as alternative security. Interest that accrues on deposited funds must be paid

to the receiver on the receiver's discharge.

3. The court may authorize a receiver to act before the receiver posts the bond or

alternative security required by this section.

4. A claim against a receiver's bond or alternative security must be made not later than

twelve months after the date the receiver is discharged.
N.D. Cent. Code § 32-40-02 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-02
32-40-02. Legislative intent and purpose
Status: in_force

32-40-02. Legislative intent and purpose

The legislative assembly of North Dakota enacts this Environmental Law Enforcement Act in

recognition of the vital role played by environmental laws in maintaining the health, safety, and

general welfare of the state's citizens; the need to maintain a sound system of law, order, and

justice; and the need to provide relief to those aggrieved by a failure of others to abide by or

enforce the state's environmental laws.
N.D. Cent. Code § 32-46.2-05 — ND Code / Title 32 / Chapter 32-46.2 / Section 32-46.2-05
32-46.2-05. Elements of proof for asbestos action involving malignant conditions
Status: in_force

32-46.2-05. Elements of proof for asbestos action involving malignant conditions

1. An asbestos action related to an alleged asbestos-related malignant condition may not

be brought or maintained in the absence of prima facie evidence that the exposed

individual has a malignant condition for which asbestos exposure was a substantial

contributing factor. The prima facie showing must be made as to each defendant and

include a detailed narrative medical report signed by a qualified physician that includes

all of the following:

a. A diagnosis that the exposed person has a malignant asbestos-related condition;

and

b. A statement that exposure to asbestos was a substantial contributing factor to the

exposed individual's malignant condition and not more probably the result of

other causes, and a detailed explanation for that opinion. An opinion that the

malignant condition is consistent with or compatible with exposure to asbestos, or

words to that effect, does not satisfy this subdivision.

2. The court shall hold an evidentiary hearing and determine if the exposed person has

established a prima facie showing of cancer to which exposure to asbestos was a

substantial contributing factor.
N.D. Cent. Code § 32-03-54 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-54
32-03-54. Limited liability - Firearms
Status: in_force

32-03-54. Limited liability - Firearms

1. In this section, a firearm is defined as in section 62.1-01-01.

2. A firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or

sells a firearm is not liable to any person or to the estate, a successor, or survivor of

any person for any injury suffered, including wrongful death and property damage,

because of the use of a firearm by another.

3. An association of persons who are licensed under section 923 of title 18 of the United

States Code, or amendments thereto, is not liable to any person or to the estate, a

successor, or survivor of any person for any injury suffered, including wrongful death

and property damage, because of the use of a firearm sold or manufactured by any

licensee who is a member of the association.

4. This section does not apply to a claim for relief for deceit, breach of contract, express

or implied warranty, or for injury resulting from failure of a firearm to operate in a

normal or usual manner due to defects or negligence in design or manufacture. This

section does not apply to a claim for relief arising from the unlawful sale or transfer of

a firearm or an instance when the transferor knew or should have known that the

recipient would engage in the unlawful sale or transfer of the firearm or would use or

purposely allow the use of the firearm in an unlawful, negligent, or improper fashion.

For the purposes of this subsection, the potential of a firearm to cause serious injury,

damage, or death as a result of normal function does not constitute a defective

condition of the product. A firearm may not be deemed defective on the basis of its

potential to cause serious injury, damage, or death when discharged.
N.D. Cent. Code § 32-06-05 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-05
32-06-05. Security upon an injunction - Damages
Status: in_force

32-06-05. Security upon an injunction - Damages

Superseded by N.D.R.Civ.P., Rule 65.
N.D. Cent. Code § 32-10.1-02 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-02
32-10.1-02. Notice and opportunity for hearing
Status: in_force

32-10.1-02. Notice and opportunity for hearing

1. Except as provided under subsection 2, the court may issue an order under this

chapter only after notice and opportunity for a hearing appropriate in the

circumstances.

2. The court may issue an order under this chapter:

a. Without prior notice if the circumstances require issuance of an order before

notice is given;

b. After notice and without a prior hearing if the circumstances require issuance of

an order before a hearing is held; or

c. After notice and without a hearing if no interested party timely requests a hearing.
N.D. Cent. Code § 32-10-04 — ND Code / Title 32 / Chapter 32-10 / Section 32-10-04
32-10-04. Powers
Status: in_force

32-10-04. Powers

The receiver, under the control of the court, has power to bring and defend actions in the

receiver's own name as receiver, to take and keep possession of the property, to receive rents,

to collect debts, to compromise the same, to make transfers, and generally to do such acts

respecting the property as the court may authorize.
N.D. Cent. Code § 32-16-46 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-46
32-16-46. Single referee
Status: in_force

32-16-46. Single referee

The court, with the consent of the parties or when the complaint petitions and prays for the

appointment of a single referee and there is no objection thereto, may appoint a single referee

instead of three referees in the proceeding under this chapter, and the single referee, when thus

appointed, has all the powers and may perform all the duties of the three referees.
N.D. Cent. Code § 32-04-11 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-11
32-04-11. Contracts compelled though penalty imposed or damages liquidated
Status: in_force

32-04-11. Contracts compelled though penalty imposed or damages liquidated

A contract otherwise proper to be enforced specifically may be thus enforced, though a

penalty is imposed, or the damages are liquidated, for its breach, and the party in default is

willing to pay the same.
N.D. Cent. Code § 32-04-07 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-07
32-04-07. When specific performance compelled
Status: in_force

32-04-07. When specific performance compelled

Except as otherwise provided in this chapter, the specific performance of an obligation may

be compelled.
N.D. Cent. Code § 32-19-37 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-37
32-19-37. Unknown defendants - How joined
Status: in_force

32-19-37. Unknown defendants - How joined

A person having or claiming an estate or interest in, or lien or encumbrance upon, the

property described in the complaint and not in possession and not appearing of record in the

office of the recorder, the clerk of the district court, or the county auditor of the county in which

the land described in the complaint is situated may be proceeded against as persons unknown,

and any order, judgment, or decree entered in a foreclosure action is valid and binding on the

unknown persons, whether of age or minors, and on those claiming under the unknown

persons. If any unknown persons are joined as defendants, the unknown persons must be

designated in the summons as: "And all persons unknown, claiming any estate or interest in, or

lien or encumbrance upon, the real estate described in the complaint". As to unknown

defendants the plaintiff at the time of filing the summons and complaint shall file an affidavit

substantially in the following form:

State of North Dakota )

) ss.

County of _______________ )

__________________ being duly sworn says that the affiant is the (attorney for)

____________________ plaintiff in the above entitled action:

Affiant further says that as to all defendants proceeded against as "And all persons

unknown, claiming any estate or interest in, or lien or encumbrance upon, the real estate

described in the complaint" the interests of such unknown persons defendant in the land

described in the complaint are not shown of record in the office of the recorder, the clerk of the

district court, or the county auditor of the county of ________________, that being the county in

which the land is situated, and affiant does not know and is unable to ascertain the names,

residences, or post-office addresses of any of the persons who are proceeded against as

unknown persons defendant; that the relief sought in this action consists wholly or partially in

excluding the unknown defendants from any interest in or lien upon the real estate described in

the complaint except the right of redemption as provided by law.
N.D. Cent. Code § 32-48-02 — ND Code / Title 32 / Chapter 32-48 / Section 32-48-02
32-48-02. Actual injury requirement in civil actions alleging COVID-19 exposure
Status: in_force

32-48-02. Actual injury requirement in civil actions alleging COVID-19 exposure

A person may not bring or maintain a civil action alleging exposure or potential exposure to

COVID-19 unless the civil action involves an act intended to cause harm or an act that

constitutes actual malice.
N.D. Cent. Code § 32-16-30 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-30
32-16-30. Value of future estates settled by court
Status: in_force

32-16-30. Value of future estates settled by court

In all cases of sales, when it appears that any person has a vested or contingent or future

right or estate in any of the property sold, the court must ascertain and settle the proportionate

value of such contingent or vested right or estate and must direct such proportion of the

proceeds of the sale to be invested, secured, or paid over in such manner as will protect the

rights and interests of the parties.
N.D. Cent. Code § 32-29.4-15 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-15
32-29.4-15. Confirmation of award
Status: in_force

32-29.4-15. Confirmation of award

1. After an arbitrator gives notice under subsection 1 of section 32-29.4-14 of an award,

including an award corrected under section 32-29.4-16, a party may move the court for

an order confirming the award.

2. The court shall confirm an award under this chapter if:

a. The parties agree in a record to confirmation; or

b. The time has expired for making a motion, and no motion is pending, under

section 32-29.4-17 or 32-29.4-18.

3. On confirmation, an award under this chapter is enforceable as a judgment.
N.D. Cent. Code § 32-34-10 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-10
32-34-10. Hearing
Status: in_force

32-34-10. Hearing

If no answer is made, the case must be heard on the papers of the applicant. If the answer

raises only questions of law or puts in issue only immaterial statements not affecting the

substantial rights of the parties, the court must proceed to hear or fix a day for hearing the

argument of the case.
N.D. Cent. Code § 32-03-17 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-17
32-03-17. Damages for carrier's delay
Status: in_force

32-03-17. Damages for carrier's delay

The detriment caused by a carrier's delay in the delivery of freight is deemed to be the

depreciation in the intrinsic value of the freight during the delay and also the depreciation, if any,

in the market value thereof, otherwise than by reason of a depreciation in the intrinsic value, at

the place where it ought to have been delivered between the day at which it ought to have been

delivered and the day of its actual delivery.
N.D. Cent. Code § 32-03.4-12 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-12
32-03.4-12. Penalty
Status: in_force

32-03.4-12. Penalty

Any transferee that willfully violates this chapter is guilty of an infraction. A second or

subsequent violation of this chapter is a class B misdemeanor.
N.D. Cent. Code § 32-10.1-11 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-11
32-10.1-11. Powers and duties of receiver
Status: in_force

32-10.1-11. Powers and duties of receiver

1. Except as limited by court order or any other provision of law, a receiver may:

a. Collect, control, manage, conserve, and protect receivership property;

b. Operate a business constituting receivership property, including preservation,

use, sale, lease, license, exchange, collection, or disposition of the property in the

ordinary course of business;

c. In the ordinary course of business, incur unsecured debt and pay expenses

incidental to the receiver's preservation, use, sale, lease, license, exchange,

collection, or disposition of receivership property;

d. Assert a right, claim, cause of action, or defense of the owner which relates to

receivership property;

e. Seek and obtain instruction from the court concerning receivership property,

exercise of the receiver's powers, and performance of the receiver's duties;

f. On subpoena, compel a person to submit to examination under oath, or to

produce and permit inspection and copying of designated records or tangible

things, with respect to receivership property or any other matter that may affect

administration of the receivership;

g. Engage a professional under section 32-10.1-14;

h. Apply to a court of another state for appointment as ancillary receiver with respect

to receivership property located in that state; and

i. Exercise any power conferred by court order, this chapter, or any other provision

of law.

2. With court approval, a receiver may:

a. Incur debt for the use or benefit of receivership property other than in the ordinary

course of business;

b. Make improvements to receivership property;

c. Use or transfer receivership property other than in the ordinary course of

business under section 32-10.1-15;

d. Adopt or reject an executory contract of the owner under section 32-10.1-16;

e. Pay compensation to the receiver under section 32-10.1-20, and to each

professional engaged by the receiver under section 32-10.1-14;

f. Recommend allowance or disallowance of a claim of a creditor under section

32-10.1-19; and

g. Make a distribution of receivership property under section 32-10.1-19.

3. A receiver shall:

a. Prepare and retain appropriate business records, including a record of each

receipt, disbursement, and disposition of receivership property;

b. Account for receivership property, including the proceeds of a sale, lease, license,

exchange, collection, or other disposition of the property;

c. File with the county recorder wherein the property is located a copy of the order

appointing the receiver and, if a legal description of the real property is not

included in the order, the legal description;

d. Disclose to the court any fact arising during the receivership which would

disqualify the receiver under section 32-10.1-06; and

e. Perform any duty imposed by court order, this chapter, or any other provision of

law.

4. The powers and duties of a receiver may be expanded, modified, or limited by court

order.
N.D. Cent. Code § 32-20-07 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-07
32-20-07. Property must be subject to jurisdiction of court
Status: in_force

32-20-07. Property must be subject to jurisdiction of court

In all cases of foreclosure of chattel liens of any kind, foreclosure will be ordered only upon

proof that the property or some part thereof is in existence, subject to execution, and within the

jurisdiction of the court.
N.D. Cent. Code § 32-10.1-18 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-18
32-10.1-18. Interim report of receiver
Status: in_force

32-10.1-18. Interim report of receiver

A receiver may file or, if ordered by the court, shall file an interim report that includes:

1. The activities of the receiver since appointment or a previous report;

2. Receipts and disbursements, including a payment made or proposed to be made to a

professional engaged by the receiver;

3. Receipts and dispositions of receivership property;

4. Fees and expenses of the receiver and, if not filed separately, a request for approval of

payment of the fees and expenses; and

5. Any other information required by the court.
N.D. Cent. Code § 32-48-08 — ND Code / Title 32 / Chapter 32-48 / Section 32-48-08
32-48-08. Exception
Status: in_force

32-48-08. Exception

This chapter does not apply to enforcement actions under chapters 50-24.8, 51-08.1, and

51-15.
N.D. Cent. Code § 32-17-23 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-23
32-17-23. When judgment of forfeiture for waste given to holder of reversion
Status: in_force

32-17-23. When judgment of forfeiture for waste given to holder of reversion

Judgment of forfeiture and eviction shall not be given in favor of the person entitled to the

reversion against the tenant in possession unless the injury to the estate in reversion shall be

adjudged in the action to be equal to the value of the tenant's estate or unexpired term, or to

have been done in malice.
N.D. Cent. Code § 32-22-14 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-14
32-22-14. When hearing must be had
Status: in_force

32-22-14. When hearing must be had

The court before whom the writ is returned, immediately after the return or within five days

thereafter, must proceed to hear and examine the return, and such other matters as may be

properly submitted for its consideration.
N.D. Cent. Code § 32-03-09 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-09
32-03-09. Measure of damages for breach of contract - Damages must be certain
Status: in_force

32-03-09. Measure of damages for breach of contract - Damages must be certain

For the breach of an obligation arising from contract, the measure of damages, except when

otherwise expressly provided by the laws of this state, is the amount which will compensate the

party aggrieved for all the detriment proximately caused thereby or which in the ordinary course

of things would be likely to result therefrom. No damages can be recovered for a breach of

contract if they are not clearly ascertainable in both their nature and origin.
N.D. Cent. Code § 32-37-02 — ND Code / Title 32 / Chapter 32-37 / Section 32-37-02
32-37-02. How proceedings instituted - Contents of petition
Status: in_force

32-37-02. How proceedings instituted - Contents of petition

Such proceedings for the purpose of having a judicial determination of the date of birth and

place of birth shall be instituted by the filing of a petition, which must be duly verified by the

petitioner, with the clerk of the district court of the county in which the petitioner resides, setting

forth:

1. That the petitioner is a citizen of the United States.

2. That the petitioner has resided in the state of North Dakota for one year last past and

in the county in which the action is brought for at least ninety days immediately

preceding the commencement of the action.

3. The place and date of birth of the petitioner.

4. If the petitioner was born within the United States of America, whether or not the

parents of the petitioner were transient aliens or alien public ministers or consuls.

5. The names of the petitioner's parents, together with the addresses of the petitioner's

parents, if they are living.

6. If the petitioner was born without the boundaries of the territorial United States of

America, facts sufficient to show that the petitioner is a citizen of the United States of

America, and the basis upon which citizenship rests.
N.D. Cent. Code § 32-13-01 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-01
32-13-01. Remedies obtainable by action instead of writ
Status: in_force

32-13-01. Remedies obtainable by action instead of writ

The remedies formerly attainable by the writ of scire facias, the writ of quo warranto, and

proceedings by information in the nature of quo warranto may be obtained by civil action in the

district court under the provisions of this chapter.
N.D. Cent. Code § 32-16-28 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-28
32-16-28. Compensation when consent not given
Status: in_force

32-16-28. Compensation when consent not given

If such consent is not given, filed, and entered as provided in section 32-16-27 at or before

a judgment of sale is rendered, the court must ascertain and determine what proportion of the

proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed

on account of such estate, and must order the same to be paid to such party or deposited in

court for that party, as the case may require.
N.D. Cent. Code § 32-40-06 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-06
32-40-06. Who may sue - Defendants - Exception to recovery of damages
Status: in_force

32-40-06. Who may sue - Defendants - Exception to recovery of damages

Any state agency, with the approval of the attorney general; any person; or any county, city,

township, or other political subdivision, aggrieved by the violation of any environmental statute,

rule, or regulation of this state may bring an action in the appropriate district court, either to

enforce such statute, rule, or regulation, or to recover any damages that have occurred as a

result of the violation, or for both such enforcement and damages. Such action may be brought

against any person, state agency, or county, city, township, or other political subdivision

allegedly engaged in such violation. However, no damages may be recovered against any state

agency, county, city, township, or other political subdivision, except as otherwise provided by

law.
N.D. Cent. Code § 32-08.1-19 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-19
32-08.1-19. Damages - When defendant to recover
Status: in_force

32-08.1-19. Damages - When defendant to recover

If the defendant prevails in the action or if the action be discontinued, the defendant shall

have judgment for the damages sustained by the defendant for any damages to the defendant's

property by reason of the taking and detention or sale thereof.
N.D. Cent. Code § 32-16-26 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-26
32-16-26. Security for purchase money
Status: in_force

32-16-26. Security for purchase money

The referees may take separate mortgages and other securities for the whole or convenient

portions of the purchase money, on such parts of the property as are directed by the court to be

sold on credit for the shares of any known owner of full age, in the name of such owner, and for

the shares of an infant, in the name of the guardian or conservator, if any, of such infant, and for

other shares, in the name of the clerk of the district court, and the clerk's successors in office.
N.D. Cent. Code § 32-23-13 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-13
32-23-13. Definition of person
Status: in_force

32-23-13. Definition of person

The word "person", wherever used in this chapter, shall be construed to mean any person,

partnership, limited liability company, joint-stock company, unincorporated association, or

society, or municipal or other corporation of any character whatsoever.
N.D. Cent. Code § 32-48-03 — ND Code / Title 32 / Chapter 32-48 / Section 32-48-03
32-48-03. Premises owner's duty of care - Limited liability
Status: in_force

32-48-03. Premises owner's duty of care - Limited liability

A person that possesses, owns, or is in control of premises, including a tenant, lessee, or

occupant of a premises, which directly or indirectly invites or permits an individual onto the

premises is immune from civil liability for any act or omission resulting in damage or injury

sustained from the individual's exposure to COVID-19, unless the person that possesses, owns,

or is in control of the premises:

1. Exposes the individual to COVID-19 through an act that constitutes actual malice; or

2. Intentionally exposes the individual to COVID-19 with the intent to cause harm.
N.D. Cent. Code § 32-46.1-01 — ND Code / Title 32 / Chapter 32-46.1 / Section 32-46.1-01
32-46.1-01. Definitions
Status: in_force

32-46.1-01. Definitions

For purposes of this chapter, unless the context otherwise requires:

1. "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbsestos, anthophyllite

asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform

amphibole minerals, and any of these minerals that have been chemically treated or

altered, including all minerals defined as asbestos in title 29, Code of Federal

Regulations, part 1910.

2. "Asbestos action" means a claim for damages or other civil or equitable relief

presented in a civil action arising out of, based on, or related to the health effects of

exposure to asbestos, including loss of consortium, wrongful death, mental or

emotional injury, risk or fear of disease or other injury, costs of medical monitoring or

surveillance, and any other derivative claim made by or on behalf of an individual

exposed to asbestos or a representative, spouse, parent, child, or other relative of the

exposed individual. This term does not include a claim for compensatory benefits

pursuant to workers' compensation or veterans' benefits.

3. "Asbestos trust" means a government-approved or court-approved trust, qualified

settlement fund, compensation fund, or claims facility created as a result of an

administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C.

524(g), 11 U.S.C. 1121(a), or other applicable provision of law intended to provide

compensation to claimants arising out of, based on, or related to the health effects of

exposure to asbestos.

4. "Plaintiff" means an individual asserting an asbestos action, a decedent if the action is

brought on behalf of an estate, and a parent or guardian if the action is brought on

behalf of a minor or legally incapacitated individual.

5. "Trust claims materials" means a final executed proof of claim and all other documents

and information related to a claim against an asbestos trust, including claims forms

and supplementary materials, affidavits, depositions, trial testimony, work history,

medical and health records, documents reflecting the status of a claim against an

asbestos trust, and if the trust claim has settled, all documents relating to the

settlement of the trust claim.

6. "Trust governance documents" means all documents that relate to eligibility and

payment levels, including claims payment matrices, trust distribution procedures, or

plans for reorganization for an asbestos trust.

7. "Veterans' benefits" means a program administered by the veterans' administration

under 38 U.S.C.

8. "Workers' compensation" means a program administered by the United States or a

state to provide benefits, funded by a responsible employer or its insurance carrier, for

occupational diseases, injuries, disability, or death caused by an individual's

occupation. The term does not include 45 U.S.C. 51.
N.D. Cent. Code § 32-17-16 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-16
32-17-16. Purchaser may recover for waste
Status: in_force

32-17-16. Purchaser may recover for waste

When real property has been sold on execution, the purchaser thereof, or any person who

may have succeeded to the purchaser's interest, after the purchaser's estate becomes absolute,

may recover damages for injury to the property by the tenant in possession after sale and

before possession is delivered under the conveyances.
N.D. Cent. Code § 32-15-35 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-35
32-15-35. Eminent domain proceedings - Costs of defendant to be paid when proceedings withdrawn or dismissed by party bringing the proceedings
Status: in_force

32-15-35. Eminent domain proceedings - Costs of defendant to be paid when

proceedings withdrawn or dismissed by party bringing the proceedings.

Whenever the state acting by and through its officers, departments, or agencies, or any

municipality or political subdivision of this state acting by and through its officers, departments,

or agencies, or any public utility, corporation, limited liability company, association, or other

entity which has been granted the power of eminent domain by the state, shall commence

eminent domain proceedings against any land within this state and thereafter withdraws or has

such proceedings dismissed without agreement of the defendant, the state, municipality,

political subdivision, public utility, corporation, limited liability company, association, or entity

commencing such eminent domain proceedings shall be liable for and pay to the owner of such

land all court costs, expenses, and fees, including reasonable attorney's fees as shall be

determined by the court in which the proceedings were filed.
N.D. Cent. Code § 32-18-01 — ND Code / Title 32 / Chapter 32-18 / Section 32-18-01
32-18-01. Instruments for future conveyance - Cancellation - Owner must give written notice to vendee or purchaser
Status: in_force

32-18-01. Instruments for future conveyance - Cancellation - Owner must give written

notice to vendee or purchaser.

No owner of real estate, or owner of any equity therein, who shall make or execute a

contract for deed, bond for deed, or other instrument for the future conveyance of any such real

estate or equity therein, shall have the right to declare a cancellation, termination, or forfeiture

thereof or thereunder, except upon written notice to the vendee or purchaser, or the vendee's or

purchaser's assigns, as provided in this chapter, and such notice shall be given to such vendee

or purchaser or such vendee's or purchaser's assigns, notwithstanding any provision or

condition in any such instrument to the contrary.
N.D. Cent. Code § 32-34-12 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-12
32-34-12. How writ served
Status: in_force

32-34-12. How writ served

The writ must be served in the same manner as a summons in a civil action except when

otherwise expressly directed by order of the court. Service upon a majority of the members of

any board or body is service upon the board or body whether at the time of the service the

board was in session or not.
N.D. Cent. Code § 32-26-06 — ND Code / Title 32 / Chapter 32-26 / Section 32-26-06
32-26-06. What court has jurisdiction - Transfer
Status: in_force

32-26-06. What court has jurisdiction - Transfer

The district court of any county where any property of the assignor may be situated shall

have jurisdiction to entertain proceedings in accordance with the provisions of this chapter, but

may transfer, and on the showing of facts to its satisfaction shall transfer, such proceedings to

the district court of the county wherein the greater part of the assignor's property is situated.
N.D. Cent. Code § 32-06-06 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-06
32-06-06. Order to show cause
Status: in_force

32-06-06. Order to show cause

Superseded by N.D.R.Civ.P., Rule 65.
N.D. Cent. Code § 32-16-29 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-29
32-16-29. Compensation when tenant unknown
Status: in_force

32-16-29. Compensation when tenant unknown

If the person entitled to such estate for life or years is unknown, the court may provide for

the protection of the person's rights in the same manner, as far as may be, as if the person was

known and had appeared.
N.D. Cent. Code § 32-03-53 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-53
32-03-53. Damage or destruction of crops, livestock, or commodities - Damages
Status: in_force

32-03-53. Damage or destruction of crops, livestock, or commodities - Damages

1. A person is liable for damages as provided in subsection 2 if that person willfully and

knowingly damages or destroys any crop, livestock, or commodity which is being

produced, or has been produced for:

a. Personal or commercial purposes; or

b. Testing or research purposes as part of a product development program in

conjunction with or in coordination with a private research facility, a university, or

any federal, state, or local government entity.

2. In awarding damages under subsection 1, a court shall consider the market value of

the crop, livestock, or commodity before the damage or destruction and the

production, research, testing, replacement, and development costs directly related to

the crop, livestock, or the commodity. A person found by the court to have been

damaged under this section may recover reasonable attorney's fees, exemplary

damages, and twice the market value of the crop, livestock, or commodity before the

damage or destruction and twice the actual production, research, testing, replacement,

and development costs. Damages to crops, livestock, or commodities under this

section which are reasonably necessary under a written contract or recorded

easement duly entered into by the crop, livestock, or commodity producer are not

recoverable.

3. This section does not preclude or limit any other right or remedy available under law or

equity.
N.D. Cent. Code § 32-14-05 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-05
32-14-05. When forfeiture is not for specific amount
Status: in_force

32-14-05. When forfeiture is not for specific amount

When a forfeiture is imposed, not exceeding a specific sum, or when it is not less than one

sum nor more than another, the action may be brought for the highest sum specified. A

judgment may be rendered for such sum as the court or jury shall assess or determine to be

proportionate to the offense.
N.D. Cent. Code § 32-04-06 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-06
32-04-06. Specific delivery of personal property compellable
Status: in_force

32-04-06. Specific delivery of personal property compellable

Any person having the possession or control of a particular article of personal property of

which such person is not the owner may be compelled specifically to deliver it to the person

entitled to its immediate possession.
N.D. Cent. Code § 32-29.3-12 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-12
32-29.3-12. Disclosure by arbitrator
Status: in_force

32-29.3-12. Disclosure by arbitrator

1. Before accepting appointment, an individual who is requested to serve as an arbitrator,

after making a reasonable inquiry, shall disclose to all parties to the agreement to

arbitrate and arbitration proceeding and to any other arbitrators any known facts that a

reasonable person would consider likely to affect the impartiality of the arbitrator in the

arbitration proceeding, including:

a. A financial or personal interest in the outcome of the arbitration proceeding; and

b. An existing or past relationship with any of the parties to the agreement to

arbitrate or the arbitration proceeding, their counsel or representatives, a witness,

or other arbitrators.

2. An arbitrator has a continuing obligation to disclose to all parties to the agreement to

arbitrate and arbitration proceeding and to any other arbitrators any facts that the

arbitrator learns after accepting appointment which a reasonable person would

consider likely to affect the impartiality of the arbitrator.

3. If an arbitrator discloses a fact required by subsection 1 or 2 to be disclosed and a

party timely objects to the appointment or continued service of the arbitrator based

upon the fact disclosed, the objection may be a ground under subdivision b of

subsection 1 of section 32-29.3-23 for vacating an award made by the arbitrator.

4. If the arbitrator did not disclose a fact as required by subsection 1 or 2, upon timely

objection by a party, the court under subdivision b of subsection 1 of section

32-29.3-23 may vacate an award.

5. An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct,

and material interest in the outcome of the arbitration proceeding or a known, existing,

and substantial relationship with a party is presumed to act with evident partiality under

subdivision b of subsection 1 of section 32-29.3-23.

6. If the parties to an arbitration proceeding agree to the procedures of an arbitration

organization or any other procedures for challenges to arbitrators before an award is

made, substantial compliance with those procedures is a condition precedent to a

motion to vacate an award on that ground under subdivision b of subsection 1 of

section 32-29.3-23.
N.D. Cent. Code § 32-01-10 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-10
32-01-10. Provisional remedies classified
Status: in_force

32-01-10. Provisional remedies classified

The provisional remedies in civil actions are:

1. Claim and delivery of personal property.

2. Attachment.

3. Garnishment.

4. Receivers.

5. Deposit in court.
N.D. Cent. Code § 32-06-01 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-01
32-06-01. Injunction by order
Status: in_force

32-06-01. Injunction by order

An injunction by order may be made by the court in which an action is brought, or by a

judge thereof, in the cases provided in section 32-06-02, and, when made by a judge, may be

enforced as the order of the court.