N.D. Cent. Code § 32-46-02 — ND Code / Title 32 / Chapter 32-46 / Section 32-46-02
32-46-02. Applicability
Status: in_force

32-46-02. Applicability

1. The limitations in section 32-46-03 apply to an innocent successor corporation.

2. The limitations of section 32-46-03 do not apply to:

a. Workers' compensation benefits paid by or on behalf of an employer to an

employee under the provisions of title 65, or a comparable workers'

compensation law of another jurisdiction;

b. A claim against a corporation that does not constitute a successor

asbestos-related liability; or

c. An obligation under the National Labor Relations Act [29 U.S.C. 151 et seq.], or

under a collective bargaining agreement.
N.D. Cent. Code § 32-06-03 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-03
32-06-03. Injunction - When granted - Limitation
Status: in_force

32-06-03. Injunction - When granted - Limitation

Superseded by N.D.R.Civ.P., Rule 65.
N.D. Cent. Code § 32-33-01 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-01
32-33-01. When and by whom writ of certiorari granted
Status: in_force

32-33-01. When and by whom writ of certiorari granted

A writ of certiorari shall be granted by the supreme court or district court when an officer,

board, tribunal, or inferior court has exceeded the jurisdiction of such officer, board, tribunal, or

inferior court, as the case may be, and there is no appeal, nor, in the judgment of the court, any

other plain, speedy, and adequate remedy, and also when, in the judgment of the court, it is

deemed necessary to prevent miscarriage of justice.
N.D. Cent. Code § 32-17-19 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-19
32-17-19. Court may determine heirs or devisees of deceased entrymen
Status: in_force

32-17-19. Court may determine heirs or devisees of deceased entrymen

When any person holding a homestead or tree claim under the laws of the United States

shall have died before patent therefor has been issued, and, by reason of such death, a patent

or final certificate afterward shall be granted to "the heirs" or to "the devisees" of such person,

the district court of the county in which the lands are situated, in a civil action brought for that

purpose, may determine who are such heirs or devisees and what are their respective shares in

said homestead or tree claim. Such action shall be governed by the provisions of this chapter

insofar as the same may be applicable.
N.D. Cent. Code § 32-18-05 — ND Code / Title 32 / Chapter 32-18 / Section 32-18-05
32-18-05. Notice of cancellation to be recorded
Status: in_force

32-18-05. Notice of cancellation to be recorded

In all cases of cancellation by notice of any contract for deed which has been recorded in

the office of the recorder, the following documents shall also be recorded in that office: a copy of

the notice of cancellation served upon the vendee, together with an affidavit of service and an

affidavit of the vendor or the vendor's assigns that the default of the vendee under the terms of

the contract was not cured, after the date of service of such notice, within the time periods

provided in section 32-18-04.
N.D. Cent. Code § 32-16-45 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-45
32-16-45. Costs, fees, and disbursements
Status: in_force

32-16-45. Costs, fees, and disbursements

The costs of a partition, including reasonable counsel fees, expended by the plaintiff or any

of the defendants, for the common benefit, fees of referees, and other disbursements, must be

paid by the parties respectively entitled to share in the lands divided in proportion to their

respective interests therein and may be included and specified in the judgment. In that case

they shall be a lien on the several shares, and the judgment may be enforced by execution

against such shares and against other property held by the respective parties. When, however,

litigation arises between some of the parties only, the court may require the expense of such

litigation to be paid by the parties thereto, or any of them.
N.D. Cent. Code § 32-43-05 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-05
32-43-05. Effect of correction or clarification
Status: in_force

32-43-05. Effect of correction or clarification

If a timely and sufficient correction or clarification is made, a person may recover only

provable economic loss, as mitigated by the correction or clarification.
N.D. Cent. Code § 32-33-10 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-10
32-33-10. Return of writ and hearing
Status: in_force

32-33-10. Return of writ and hearing

If the return to the writ is defective, the court may order a further return to be made. Any

record made by the inferior court, officer, board, or tribunal may be impeached by the return to

the writ, or in the cases mentioned in section 32-33-07, by affidavits or other written proof. Upon

the final hearing the court must hear the parties, or such of them as may attend for that purpose,

and thereupon may give judgment either affirming, annulling, or modifying the proceedings

below.
N.D. Cent. Code § 32-03.4-06 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-06
32-03.4-06. No waiver by payee
Status: in_force

32-03.4-06. No waiver by payee

The requirements of this chapter may not be waived by any payee.
N.D. Cent. Code § 32-29.3-29 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-29
32-29.3-29. Relationship to Electronic Signatures in Global and National Commerce Act
Status: in_force

32-29.3-29. Relationship to Electronic Signatures in Global and National Commerce

Act.

The provisions of sections 32-29.3-01 and 32-29.3-19 which relate to the legal effect,

validity, and enforceability of electronic records or electronic signatures, and of contracts

performed with the use of such records or signatures must be construed to conform to the

requirements of section 102 of the Electronic Signatures in Global and National Commerce Act

[Pub. L. 106-229; 15 U.S.C. 7001, 7002].
N.D. Cent. Code § 32-46-05 — ND Code / Title 32 / Chapter 32-46 / Section 32-46-05
32-46-05. Adjustment
Status: in_force

32-46-05. Adjustment

1. Except as provided in subsections 2 through 4, the fair market value of total gross

assets at the time of the merger or consolidation increases annually at a rate equal to

the sum of:

a. The prime rate as listed in the first edition of the Wall Street Journal published for

each calendar year since the merger or consolidation, unless the prime rate is not

published in that edition of the Wall Street Journal, in which case any reasonable

determination of the prime rate on the first day of the year may be used; and

b. One percent.

2. The rate found in subsection 1 may not be compounded.

3. The adjustment of the fair market value of total gross assets continues as provided in

subsection 1 until the date the adjusted value is first exceeded by the cumulative

amounts of successor asbestos-related liabilities paid or committed to be paid by or on

behalf of the innocent successor corporation or a predecessor or by or on behalf of a

transferor after the time of the merger or consolidation for which the fair market value

of total gross assets is determined.

4. An adjustment of the fair market value of total gross assets may not be applied to any

liability insurance that may be included in the definition of total gross assets by

subsection 3 of section 32-46-04.
N.D. Cent. Code § 32-29.3-16 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-16
32-29.3-16. Representation by lawyer
Status: in_force

32-29.3-16. Representation by lawyer

A party to an arbitration proceeding may be represented by a lawyer.
N.D. Cent. Code § 32-19-34 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-34
32-19-34. Personal service of summons and complaint may be made in any event
Status: repealed

32-19-34. Personal service of summons and complaint may be made in any event

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-12.2-15 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-15
32-12.2-15. Contracts limiting liability to the state
Status: in_force

32-12.2-15. Contracts limiting liability to the state

1. Notwithstanding any provision in this chapter to the contrary, an agency may agree to

limit the liability of a contractor to the state if the agency determines such services or

products cannot be effectively obtained without such limitation and the limitation does

not pose any significant risk of loss to the state and is in the best interests of the state.

The agency, in consultation with the office of management and budget and the

attorney general's office, shall prepare a written documentation before agreeing to any

liability limitation. An agency's authority to agree to a limitation of liability is limited to

contracts for the purchase or lease of, or services related to, software, communication,

electronic equipment, and economic forecasting.

2. An agency may limit its ability to recover indirect consequential damages.

3. If the extent of potential direct loss is unknown, an agency may agree to limit direct

damages to a reasonably estimated amount commensurate with the foreseeable risk

of loss to the state. The amount must be equal to twice the total value of the contract,

unless all parties to the contract agree to an alternative amount. Any agreed upon

amount that is less than twice the value of the contract must be approved by the

director of the office of management and budget. The liquidated damages and

retainage provisions for delay, missed deadlines, and other breaches are not subject to

a general limitation on direct or indirect damages authorized under this section.

4. A contract under this section may not limit any loss to the state resulting from fraud or

other intentional or willful misconduct, breach of confidentiality obligations, or loss

resulting from tangible property damage or personal injury.

5. An agency may purchase routine or standardized products that contain adhesive

contract terms in shrink wrap documents, third-party end user license, or click-through

agreements that are not consistent with this section if the agency, in consultation with

the attorney general's office and the office of management and budget, determines the

purchase poses no reasonable risk that an improper contractual obligation will be

imposed against the agency or of loss that cannot be limited under this section given

the nature of the product's intended use, including data and system security. Routine

or standardized products are products that are commercially available to the public

which do not exceed twenty thousand dollars in cost.
N.D. Cent. Code § 32-33-03 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-03
32-33-03. To whom directed
Status: in_force

32-33-03. To whom directed

The writ may be directed to the inferior court, tribunal, board, or officer, or to any other

person having the custody of the records or proceedings to be certified.
N.D. Cent. Code § 32-22-02 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-02
32-22-02. Who not entitled to relief
Status: in_force

32-22-02. Who not entitled to relief

The person in whose behalf the application is made is not entitled to relief from

imprisonment or restraint under a writ of habeas corpus, if the time during which such person

may be detained legally in custody has not expired, whenever it appears:

1. That the person is detained in custody by virtue of process issued by any court or

judge of the United States in a case where such court or judge has exclusive

jurisdiction; or

2. Except as provided in section 32-22-17, that the person is detained in custody by

virtue of the final order or judgment of any competent court of criminal jurisdiction or of

any process issued upon such order or judgment.
N.D. Cent. Code § 32-16-24 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-24
32-16-24. How sales made
Status: in_force

32-16-24. How sales made

All sales of real property made by referees under this chapter must be made at public

auction to the highest bidder upon notice published in the manner required for the sale of real

property on execution. The notice must state the terms of sale and if the property, or any part of

it, is to be sold subject to a prior estate, charge, or lien, that must be stated in the notice.
N.D. Cent. Code § 32-03-45 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-45
32-03-45. Immunity of volunteers providing services for nonprofit organizations
Status: in_force

32-03-45. Immunity of volunteers providing services for nonprofit organizations

Except as provided in section 32-03-46, any person who, on a volunteer basis, provides

services or performs duties on behalf of a nonprofit organization is immune from civil liability for

any act or omission resulting in damage or injury if at the time of the act or omission all of the

following are met:

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

scope of that person's duties as a volunteer for the nonprofit organization.

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

This section does not grant immunity to any person causing damage as the result of the

negligent operation of a motor vehicle.
N.D. Cent. Code § 32-20-04 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-04
32-20-04. Undertaking
Status: in_force

32-20-04. Undertaking

Before issuing the warrant, the clerk must require a written undertaking on the part of the

plaintiff with sufficient surety to the effect that if the defendant recovers judgment the plaintiff will

pay all costs that may be awarded to the defendant, and all damages which the defendant may

sustain by reason of any seizure under the warrant, not exceeding the sum named in the

undertaking, which must be at least the amount claimed in the complaint and in no case less

than one hundred dollars.
N.D. Cent. Code § 32-35-03 — ND Code / Title 32 / Chapter 32-35 / Section 32-35-03
32-35-03. Alternative or peremptory
Status: in_force

32-35-03. Alternative or peremptory

The writ must be alternative or peremptory. The alternative writ must state generally the

allegation against the party to whom it is directed, and must command such party to desist or

refrain from further proceedings in the action or matter specified therein until the further order of

the court from which it is issued, and to show cause before such court at a specified time and

place why such party should not be restrained absolutely from any further proceedings in such

action or matter. The peremptory writ must be in a similar form, except that the words requiring

the party to show cause why the party should not be restrained absolutely must be omitted and

a return day inserted.
N.D. Cent. Code § 32-41-13 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-13
32-41-13. Supplementary general principles of law
Status: in_force

32-41-13. Supplementary general principles of law

Unless displaced by this chapter, the principles of law and equity, including the law

merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud,

misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating

causes supplement this chapter.
N.D. Cent. Code § 32-12.2-01 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-01
32-12.2-01. Definitions
Status: in_force

32-12.2-01. Definitions

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

1. "Claim" means any claim for money damages brought against the state or a state

employee for an injury caused by the state or a state employee acting within the scope

of the employee's employment whether in the state or outside the state.

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

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

condition, which results in an injury.

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

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

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

6. "Scope of employment" means the state employee was acting on behalf of the state in

the performance of duties or tasks of the employee's office or employment lawfully

assigned to the employee by competent authority or law.

7. "State" includes an agency, authority, board, body, branch, bureau, commission,

committee, council, department, division, industry, institution, instrumentality, and office

of the state.

8. "State employee" means every present or former officer or employee of the state or

any person acting on behalf of the state in an official capacity, temporarily or

permanently, with or without compensation. The term does not include an independent

contractor.

9. "State institution" means the state hospital, the life skills and transition center, the state

penitentiary, the Missouri River correctional center, the North Dakota youth correctional

center, the North Dakota vision services - school for the blind, the school for the deaf,

and similar facilities providing care, custody, or treatment for individuals.
N.D. Cent. Code § 32-04-22 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-22
32-04-22. Rescission not adjudged for mere mistake
Status: in_force

32-04-22. Rescission not adjudged for mere mistake

Rescission cannot be adjudged for mere mistake, unless the party against whom it is

adjudged can be restored to substantially the same condition as if the contract had not been

made.
N.D. Cent. Code § 32-03.2-02.1 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-02.1
32-03.2-02.1. Automobile accident damage liability
Status: in_force

32-03.2-02.1. Automobile accident damage liability

Notwithstanding section 32-03.2-02, in an action by any person to recover direct and

indirect damages for injury to property, the damages may not be diminished in proportion to the

amount of contributing fault attributable to the person recovering, or otherwise, if:

1. The person seeking damages is seeking property damages resulting from a motor

vehicle accident in which two persons are at fault;

2. The person seeking damages is seeking to recover direct physical property damages

of not more than five thousand dollars and indirect physical property damages not to

exceed one thousand dollars; and

3. The percentage of fault of the person against whom recovery is sought is over fifty

percent.

This section applies regardless as to whether the person seeking direct and indirect damages

for injury to property also seeks damages for personal injury, however, damages for personal

injury are not available under this section.
N.D. Cent. Code § 32-04-24 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-24
32-04-24. When cancellation of instrument adjudged
Status: in_force

32-04-24. When cancellation of instrument adjudged

When a written instrument, or the record thereof, may cause injury to a person against

whom such instrument is void or voidable, such instrument, in an action brought by the party

injured, may be adjudged void and the same ordered to be delivered up for cancellation and the

record thereof canceled, whether or not extrinsic evidence is necessary to show its invalidity.
N.D. Cent. Code § 32-10.1-25 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-25
32-10.1-25. Uniformity of application and construction
Status: in_force

32-10.1-25. Uniformity of application and construction

In applying and construing this chapter, a court shall consider the promotion of uniformity of

the law among states that enact it.
N.D. Cent. Code § 32-03-18 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-18
32-03-18. Damages for breach of warranty of agent's authority
Status: in_force

32-03-18. Damages for breach of warranty of agent's authority

The detriment caused by the breach of a warranty of an agent's authority is deemed to be

the amount which could have been recovered and collected from the agent's principal if the

warranty had been complied with and the reasonable expenses of legal proceedings taken in

good faith to enforce the act of the agent against the agent's principal.
N.D. Cent. Code § 32-22-16 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-16
32-22-16. When person restrained must be discharged
Status: in_force

32-22-16. When person restrained must be discharged

If no legal cause is shown for the imprisonment or restraint or for the continuation thereof,

the court must discharge the party from the custody or restraint under which the party is held.
N.D. Cent. Code § 32-12.2-14 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-14
32-12.2-14. Risk management motor vehicle crash review
Status: in_force

32-12.2-14. Risk management motor vehicle crash review

The department of transportation, in consultation with the risk management division, shall

review all motor vehicle crashes or incidents in which a state employee is issued a traffic citation

involving a state-owned or state-leased motor vehicle for purposes of making a remedial

recommendation to the agency employing the individual involved, as appropriate, and

identifying crash and other trends. The department may defer to the determination and

recommendation of an agency that reviewed the crash through an established loss control

committee. In cases of repeated crashes, citations, or accidents involving substantial property

damage or personal injury, or traffic violations for which there is a criminal penalty, the

department may revoke, suspend, or restrict the ability to drive a state-owned or state-leased

vehicle.
N.D. Cent. Code § 32-43-08 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-08
32-43-08. Offer to correct or clarify
Status: in_force

32-43-08. Offer to correct or clarify

1. If a timely correction or clarification is no longer possible, the publisher of an alleged

defamatory statement may offer, at any time before trial, to make a correction or

clarification. The offer must be made in writing to the person allegedly defamed by the

publication and:

a. Contain the publisher's offer to publish, at the person's request, a sufficient

correction or clarification and to pay the person's reasonable expenses of

litigation, including attorney's fees, incurred before publication of the correction or

clarification; and

b. Be accompanied by a copy of the proposed correction or clarification and the plan

for its publication.

2. If the person accepts in writing an offer to correct or clarify made pursuant to

subsection 1, the person is barred from commencing an action against the publisher

based on the statement or, if an action has been commenced, the court shall dismiss

the action against the defendant with prejudice after the defendant complies with the

terms of the offer.

3. A person who does not accept an offer made in conformance with subsection 1 may

recover in an action based on the statement only damages for provable economic loss

and reasonable expenses of litigation, including attorney's fees, incurred before the

offer, unless the person failed to make a good-faith attempt to request a correction or

clarification in accordance with subsection 2 of section 32-43-03 or failed to disclose

information in accordance with section 32-43-04.

4. On request of either party, a court shall promptly determine the sufficiency of the

offered correction or clarification.

5. The court shall determine the amount of reasonable expenses of litigation, including

attorney's fees, specified in subsections 1 and 3.
N.D. Cent. Code § 32-48-05 — ND Code / Title 32 / Chapter 32-48 / Section 32-48-05
32-48-05. Liability of health care providers and health care facilities
Status: in_force

32-48-05. Liability of health care providers and health care facilities

1. A health care provider or health care facility is immune from civil liability for any act or

omission in response to COVID-19 that causes or contributes, directly or indirectly, to

the death or injury of an individual. The immunity provided under this subsection

includes:

a. Injury or death resulting from screening, assessing, diagnosing, caring for,

triaging, or treating an individual with a suspected or confirmed case of

COVID-19.

b. Prescribing, administering, or dispensing a pharmaceutical for off-label use to

treat or prevent a suspected or confirmed case of COVID-19.

c. An act or omission while providing a health care service to an individual unrelated

to COVID-19 if the act or omission supports the state's response to COVID-19,

including:

(1) Delaying or canceling a nonurgent or elective dental, medical, or surgical

procedure; delaying the diagnosis of an individual; or altering the treatment

of an individual.

(2) Conducting a test or providing treatment to an individual outside the

premises of a health care facility.

(3) An act or omission undertaken by a health care provider or a health care

facility because of a lack of staff, facility, medical device, treatment,

equipment, or other resource, attributable to COVID-19 which renders the

health care provider or health care facility unable to provide the level or

manner of care to an individual which otherwise would have been required

in the absence of COVID-19.

(4) An act or omission undertaken by a health care provider or a health care

facility relating to use or nonuse of personal protective equipment.

(5) An act or omission undertaken by a health care provider or a health care

facility relating to the administration, delivery, distribution, allocation,

prioritization, or dispensing of scarce resources among individuals such as

medical devices, treatment, and equipment.

2. The immunity provided under subsection 1 does not apply to an act or omission that

constitutes:

a. Willful and wanton misconduct;

b. Reckless infliction of harm; or

c. Intentional infliction of harm.
N.D. Cent. Code § 32-03-12 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-12
32-03-12. Damages for breach of covenant against encumbrances
Status: in_force

32-03-12. Damages for breach of covenant against encumbrances

The detriment caused by the breach of a covenant against encumbrances in a grant of an

estate in real property is deemed to be the amount which has been expended actually by the

covenantee in extinguishing either the principal or interest thereof, not exceeding in the former

case a proportion of the price paid to the grantor, equivalent to the relative value at the time of

the grant of the property affected by the breach as compared with the whole, or, in the latter

case, interest on a like amount.
N.D. Cent. Code § 32-49-05 — ND Code / Title 32 / Chapter 32-49 / Section 32-49-05
32-49-05. Remedies
Status: in_force

32-49-05. Remedies

1. In an action under this chapter, a prevailing plaintiff may recover:

a. The greater of:

(1) Economic and noneconomic damages proximately caused by the

defendant's disclosure or threatened disclosure, including damages for

emotional distress whether or not accompanied by other damages; or

(2) Statutory damages not to exceed ten thousand dollars against each

defendant found liable under this chapter for all disclosures and threatened

disclosures by the defendant of which the plaintiff knew or reasonably

should have known when filing the action or which became known during

the pendency of the action. In determining the amount of statutory damages

under this paragraph, consideration must be given to the age of the parties

at the time of the disclosure or threatened disclosure, the number of

disclosures or threatened disclosures made by the defendant, the breadth of

distribution of the image by the defendant, and other exacerbating or

mitigating factors;

b. An amount equal to any monetary gain made by the defendant from disclosure of

the intimate image; and

c. Exemplary damages.

2. In an action under this chapter, the court may award a prevailing plaintiff:

a. Reasonable attorney's fees and costs; and

b. Other remedies available by law, including injunctive relief.

3. This chapter does not affect a right or remedy available under a law of this state other

than this chapter.
N.D. Cent. Code § 32-34-04 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-04
32-34-04. When each may issue
Status: in_force

32-34-04. When each may issue

When the application to the court is made without notice to the adverse party and the writ is

allowed, the alternative writ must be issued first, but if the application is upon due notice and the

writ is allowed, the peremptory writ may be issued in the first instance. The notice of the

application, when given, must be at least ten days. The writ cannot be granted by default. The

case must be heard by the court whether the adverse party appears or not.
N.D. Cent. Code § 32-33-12 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-12
32-33-12. Judgment roll
Status: in_force

32-33-12. Judgment roll

A copy of the judgment signed by the clerk, entered upon or attached to the writ and return,

constitutes the judgment roll.
N.D. Cent. Code § 32-19-16 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-16
32-19-16. Sale of whole on first default
Status: repealed

32-19-16. Sale of whole on first default

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-34-01.1 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-01.1
32-34-01.1. Supreme court sua sponte may issue writ to judges of inferior courts
Status: in_force

32-34-01.1. Supreme court sua sponte may issue writ to judges of inferior courts

The supreme court sua sponte may issue a writ of mandamus to any district court judge or

other inferior court judge to compel such judge to act upon any judicial matters which have been

properly placed before such judge's court. Should such judge fail to act as directed by the writ,

such judge shall be liable for the punishment provided by this chapter.
N.D. Cent. Code § 32-39-01 — ND Code / Title 32 / Chapter 32-39 / Section 32-39-01
32-39-01. Voluntary service or partial payment not admissible
Status: in_force

32-39-01. Voluntary service or partial payment not admissible

No 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 an admission of fault or liability. Evidence of the service or

payment is not admissible in any action for the purpose of determining the amount of any

judgment or the liability of any person with respect to the occurrence.
N.D. Cent. Code § 32-16-10 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-10
32-16-10. Referee to determine outstanding liens
Status: in_force

32-16-10. Referee to determine outstanding liens

If it appears to the court, by the certificate of the recorder, or the clerk of the district court, or

by the verified statement of any person who may have examined or searched the records, that

there are outstanding liens or encumbrances of record upon the real property, or any part or

portion thereof, which existed and were of record at the time of the commencement of the

action, and the persons holding such liens are not made parties to the action, the court either

must order such persons to be made parties to the action by an amended or supplemental

complaint, or must appoint a referee to ascertain whether or not such liens or encumbrances

have been paid, or, if not paid, what amount remains due thereon, and their order among the

liens or encumbrances severally held by such persons and the parties to the action, and

whether the amount remaining due thereon has been secured in any manner and, if secured,

the nature and extent of the security.
N.D. Cent. Code § 32-29.4-22 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-22
32-29.4-22. Enforcement of confirmed award
Status: in_force

32-29.4-22. Enforcement of confirmed award

1. The court shall enforce an award confirmed under section 32-29.4-15, including a

temporary award, in the manner and to the same extent as any other order or

judgment of a court.

2. The court shall enforce an arbitration award in a family law dispute confirmed by a

court in another state in the manner and to the same extent as any other order or

judgment from another state.
N.D. Cent. Code § 32-08.1-23 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-23
32-08.1-23. Execution after defendant's death
Status: in_force

32-08.1-23. Execution after defendant's death

If any defendant whose property is attached shall die and the judgment is in favor of the

plaintiff, the property attached shall be applied to the payment of the judgment and execution

may be issued on such judgment and satisfied out of the property so attached in the same

manner as if such defendant were living.
N.D. Cent. Code § 32-21-04 — ND Code / Title 32 / Chapter 32-21 / Section 32-21-04
32-21-04. Recovery exempt from decedent's debts
Status: in_force

32-21-04. Recovery exempt from decedent's debts

The amount recovered shall not be liable for the debts of the decedent, but shall inure to the

exclusive benefit of the decedent's heirs at law in such shares as the judge before whom the

case is tried shall fix in the order for judgment, and for the purpose of determining such shares,

the judge after the trial may make any investigation which the judge deems necessary.
N.D. Cent. Code § 32-17-12 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-12
32-17-12. Adjustment of cross judgments
Status: in_force

32-17-12. Adjustment of cross judgments

If the decision of the court is in favor of one party for the recovery of the real property and in

favor of another for improvements, the former shall have the option for sixty days after receiving

notice that the findings are filed to pay the value of such improvements less such sums as may

be found due for use and occupation and waste, or to take judgment against the other party for

the value of the land aside from the improvements, as determined by the findings, and such

sums as may be found due for use and occupation and waste. If such option is not exercised in

writing by such party or such party's attorney, and filed with the clerk within sixty days, the other

party thereupon may exercise the option for such party in like manner. If the party entitled to the

possession of the property received in lieu thereof a money judgment, the other party may be

subrogated to all the former's rights therein, including all the relief that party otherwise would be

entitled to under the findings, and judgment thereupon shall be entered accordingly. Until

payment is made by the party recovering the land, or until tender and deposit in the office of the

clerk of the court in which the action is pending, no writ for the possession of the property shall

be issued.
N.D. Cent. Code § 32-05-02 — ND Code / Title 32 / Chapter 32-05 / Section 32-05-02
32-05-02. Preventive relief not given to enforce penal law
Status: in_force

32-05-02. Preventive relief not given to enforce penal law

Preventive relief cannot be granted to enforce a penal law, except in a case of nuisance, nor

to enforce a penalty or forfeiture in any case.
N.D. Cent. Code § 32-22-33 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-33
32-22-33. When writ may be served
Status: in_force

32-22-33. When writ may be served

Any writ or process authorized by this chapter may be issued and served on any day or at

any time.
N.D. Cent. Code § 32-03-50 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-50
32-03-50. Confidentiality of critical incident stress management team proceedings and records
Status: in_force

32-03-50. Confidentiality of critical incident stress management team proceedings

and records.

Notwithstanding sections 44-04-18 and 44-04-19, all records and proceedings of a critical

incident stress management team in connection with its critical incident stress debriefing

activities are confidential. The records and proceedings are not subject to discovery or

introduction into evidence in any action or proceeding involving the emergency service

personnel in attendance at a debriefing and which arises out of the matters that are the subject

of the debriefing. No person in attendance at a debriefing may be required to testify in any

action or proceeding as to any evidence or other matters produced or presented during the

debriefing. Information, documents, or records otherwise available from original sources are not

immune from discovery because they were presented during a critical incident stress debriefing.

Any person in attendance at a critical incident stress debriefing may testify as to matters within

the person's knowledge, but the person may not testify about the specific events that occurred

at a debriefing.
N.D. Cent. Code § 32-23-01 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-01
32-23-01. Court of record may enter a declaratory judgment
Status: in_force

32-23-01. Court of record may enter a declaratory judgment

A court of record within its jurisdiction shall have power to declare rights, status, and other

legal relations whether or not further relief is or could be claimed. No action or proceeding shall

be open to objection on the ground that a declaratory judgment or decree is prayed for. The

declaration may be either affirmative or negative in form and effect, and such declaration shall

have the force and effect of a final judgment or decree.
N.D. Cent. Code § 32-02-03 — ND Code / Title 32 / Chapter 32-02 / Section 32-02-03
32-02-03. Notice of justification
Status: in_force

32-02-03. Notice of justification

If the party who furnished the bond excepted to elects to cause the party's sureties to justify,

the party, within three days after receipt of the notice of exception, shall give a written notice to

the party excepting, of the justification of the sureties of the party who furnished the bond before

the judge at the court in which the proceedings are filed, by appearance at a specified time and

place, the time to be not less than three nor more than ten days thereafter.
N.D. Cent. Code § 32-15-31 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-31
32-15-31. Deposit of money with state treasurer
Status: in_force

32-15-31. Deposit of money with state treasurer

The court may order the moneys to be deposited in the state treasury and in such case the

state treasurer shall receive all such moneys, duly receipt for and safely keep the same in a

special fund to be entered on the state treasurer's books as a condemnation fund for such

purpose, and for such duty the state treasurer shall be liable to the plaintiff upon the state

treasurer's official bond. The state treasurer shall pay out such money so deposited in such

manner and at such times as the court or judge thereof by order may direct.
N.D. Cent. Code § 32-07-11 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-11
32-07-11. Papers filed with clerk
Status: in_force

32-07-11. Papers filed with clerk

The sheriff shall file the notice and affidavit, with the sheriff's proceedings thereon, with the

clerk of the court in which the action is pending, within twenty days after taking the property

mentioned therein.
N.D. Cent. Code § 32-01-02 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-02
32-01-02. Action defined
Status: in_force

32-01-02. Action defined

An action is an ordinary proceeding in a court of justice, by which a party prosecutes

another party for the enforcement or protection of a right, the redress or prevention of a wrong,

or the punishment of a public offense.
N.D. Cent. Code § 32-07-08 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-08
32-07-08. Concealed property
Status: in_force

32-07-08. Concealed property

If the property, or any part thereof, is concealed in a building or enclosure, the sheriff

publicly shall demand its delivery. If it is not delivered, the sheriff shall cause the building or

enclosure to be broken open and shall take the property into the sheriff's possession, and, if

necessary, the sheriff may call to the sheriff's aid the power of the county.
N.D. Cent. Code § 32-04-05 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-05
32-04-05. Method of recovering personal property
Status: in_force

32-04-05. Method of recovering personal property

A person entitled to the immediate possession of specific personal property may recover the

same in the manner provided by this title.
N.D. Cent. Code § 32-17-21 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-21
32-17-21. Holder of contract for purchase of land from state may sue
Status: in_force

32-17-21. Holder of contract for purchase of land from state may sue

Any person who shall hold any contract from the state through the board of university and

school lands, or otherwise, for the purchase of any real property within the state, may maintain

any action for injuries done to the same, or an action to recover possession thereof, in the same

manner as though the person possessed the fee simple title to such lands. However, in any

action or proceeding by or against a railway company with reference to right of way or

otherwise, the court, in any judgment which it may enter, shall protect the interest of the state in

and to such real property to the extent that the value of such lands taken, at the price agreed to

be paid per acre to the state therefor, shall be directed to be paid to the proper officials of the

state, and, upon such payment, any claim of the state or any of its boards to such part of said

property as shall be taken by the railway company shall be at an end.
N.D. Cent. Code § 32-47-02 — ND Code / Title 32 / Chapter 32-47 / Section 32-47-02
32-47-02. Exceptions to land possessor immunity
Status: in_force

32-47-02. Exceptions to land possessor immunity

1. a. Notwithstanding section 32-47-01, a possessor of land may be subject to liability

for physical injury or death to a trespasser in the following situations:

(1) A land possessor has a duty not to harm the trespasser in a willful and

wanton manner, except as permitted under section 12.1-05-06, 12.1-05-07,

12.1-05-07.1, or 12.1-05-07.2;

(2) A land possessor that knows of the trespasser's presence on the premises

has a duty to exercise ordinary care to avoid injuring that trespasser; and

(3) A land possessor may be subject to liability for physical injury or death to a

child trespasser resulting from an artificial condition on the land if:

(a) The possessor knew or had reason to know that children were likely to

trespass at the location of the condition;

(b) The condition is one the possessor knew or reasonably should have

known involved an unreasonable risk of death or serious bodily harm

to children;

(c) The injured child did not discover the condition or realize the risk

involved in the condition or coming within the area made dangerous

by it;

(d) The utility to the possessor of maintaining the condition and the

burden of eliminating the danger were slight as compared with the risk

to the child involved; and

(e) The land possessor failed to exercise reasonable care to eliminate the

danger or otherwise protect the injured child.

b. For purposes of this subsection, "artificial condition" means a structure or other

manmade condition and does not include living animals.

2. This section does not affect chapter 53-08.

3. This section does not create or increase the liability of any person or entity.
N.D. Cent. Code § 32-03.4-05 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-05
32-03.4-05. Procedure for approval of transfers
Status: in_force

32-03.4-05. Procedure for approval of transfers

1. An application for approval of a transfer of structured settlement payment rights under

this chapter must be made by the transferee and may be brought in the county in

which the payee resides, in the county in which the structured settlement obligor or the

annuity issuer maintains its principal place of business, or in any court that approved

the structured settlement agreement.

2. At least twenty days before the scheduled hearing on any application for approval of a

transfer of structured settlement payment rights under section 32-03.4-03, the

transferee shall file with the court and serve on all interested parties a notice of the

proposed transfer and the application for its authorization. The notice must include:

a. A copy of the transferee's application;

b. A copy of the transfer agreement;

c. A copy of the disclosure statement required under section 32-03.4-02;

d. A list of each of the payee's dependents and each dependent's age;

e. Notification that any interested party is entitled to support, oppose, or otherwise

respond to the transferee's application, either in person or by counsel, by

submitting written comments to the court or by participating in the hearing;

f. Notification of the time and place of the hearing; and

g. Notification of the manner in which and the time by which written responses to the

application must be filed in order to be considered by the court, which may be not

less than fifteen days after service of the transferee's notice.
N.D. Cent. Code § 32-15-23 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-23
32-15-23. When right to damages accrues
Status: in_force

32-15-23. When right to damages accrues

For the purpose of assessing compensation and damages, the right thereto shall be

deemed to have accrued at the date of the taking and its actual value at that date shall be the

measure of compensation for all property actually to be taken, and the basis of damages to the

property not actually taken, but injuriously affected, in all cases when such damages are

allowed as provided in section 32-15-22. The time of the taking shall be determined by the

court.
N.D. Cent. Code § 32-46.2-06 — ND Code / Title 32 / Chapter 32-46.2 / Section 32-46.2-06
32-46.2-06. Evidence of physical impairment - Procedures - Limitation
Status: in_force

32-46.2-06. Evidence of physical impairment - Procedures - Limitation

1. Evidence relating to the prima facie showings required under this chapter does not

create a presumption the exposed individual has an asbestos-related impairment and

is not conclusive as to the liability of any defendant.

2. Evidence may not be offered at trial and the jury may not be informed of:

a. The grant or denial of a motion to dismiss an asbestos action under this chapter;

or

b. The provisions of this chapter with respect to what constitutes a prima facie

showing of asbestos impairment.

3. Evidence relating to physical impairment offered in an asbestos action governed by

this chapter:

a. Must comply with the quality controls, equipment requirements, methods of

calibration, and techniques set forth in the AMA guides and all standards set forth

in the official statements of the American thoracic society; and

b. May not be obtained under the condition the plaintiff or exposed individual retains

the legal services of an attorney or law firm.

4. In the absence of consent from all parties, a court may consolidate for trial only

asbestos actions relating to the exposed individual and members of that individual's

household.

5. A product liability defendant in an asbestos action may not be liable for exposures from

a later-added asbestos-containing product made or sold by a third party.
N.D. Cent. Code § 32-03.4-07 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-07
32-03.4-07. Disputes decided under state law
Status: in_force

32-03.4-07. Disputes decided under state law

Any transfer agreement entered on or after the effective date of this chapter by a payee who

resides in this state must provide that disputes under the transfer agreement, including any

claim that the payee has breached the agreement, must be determined in and under the laws of

this state. Such a transfer agreement may not authorize the transferee or any other party to

confess judgment or consent to entry of judgment against the payee.
N.D. Cent. Code § 32-11-01 — ND Code / Title 32 / Chapter 32-11 / Section 32-11-01
32-11-01. What subject to order of deposit
Status: in_force

32-11-01. What subject to order of deposit

When it is admitted by the pleadings or the examination of a party that the party has in the

party's possession or under the party's control any money or other thing capable of delivery,

which, being the subject of the litigation, is held by that party as trustee for another party or

which belongs or is due to another party, the court may order the same to be deposited in court,

or delivered to such party with or without security, subject to the further direction of the court.
N.D. Cent. Code § 32-10.1-21 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-21
32-10.1-21. Removal of receiver - Replacement - Termination of receivership
Status: in_force

32-10.1-21. Removal of receiver - Replacement - Termination of receivership

1. The court may remove a receiver for cause.

2. The court shall replace a receiver that dies, resigns, or is removed.

3. If the court finds that a receiver that resigns or is removed, or the representative of a

receiver who is deceased, has accounted fully for and turned over to the successor

receiver all receivership property and has filed a report of all receipts and

disbursements during the service of the replaced receiver, the replaced receiver is

discharged.

4. The court may discharge a receiver and terminate the court's administration of the

receivership property if the court finds appointment of the receiver was improvident or

the circumstances no longer warrant continuation of the receivership. If the court finds

the appointment was sought wrongfully or in bad faith, the court may assess against

the person that sought the appointment:

a. The fees and expenses of the receivership, including reasonable attorney's fees

and costs; and

b. Actual damages caused by the appointment, including reasonable attorney's fees

and costs.
N.D. Cent. Code § 32-15-30 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-30
32-15-30. Payment of money into court at risk of plaintiff
Status: in_force

32-15-30. Payment of money into court at risk of plaintiff

The payment of the money into court as provided for in this chapter shall not discharge the

plaintiff from liability to keep the said fund full and without diminution, but such money shall be

and remain as to all accidents, defalcations, or other contingencies as between the parties to

the proceedings at the risk of the plaintiff, and shall remain so until the amount of the

compensation or damages finally is settled by judicial determination and until the court awards

the money, or such part thereof as shall be determined upon, to the defendant, and until the

defendant is authorized or required by order of court to take it. If for any reason the money at

any time shall be lost, or otherwise abstracted or withdrawn, through no fault of the defendant,

the court shall require the plaintiff to make and keep the sum good at all times until the litigation

finally is brought to an end, and until paid over or made payable to the defendant by order of the

court, as provided in section 32-15-29, and until such time or times the clerk of court shall be

deemed to be the custodian of the money and shall be liable to the plaintiff upon the clerk's

official bond for the same, or any part thereof, if for any reason it is lost, or otherwise abstracted

or withdrawn.
N.D. Cent. Code § 32-03.4-13 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-13
32-03.4-13. Applicability of chapter
Status: in_force

32-03.4-13. Applicability of chapter

This chapter applies to any transfer of structured settlement payment rights under a transfer

agreement entered after July 31, 2009. This chapter does not imply that any transfer under a

transfer agreement reached before August 1, 2009, is either effective or ineffective.
N.D. Cent. Code § 32-23-10 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-10
32-23-10. Costs
Status: in_force

32-23-10. Costs

In any proceeding under this chapter, the court may make such award of costs as may

seem equitable and just.
N.D. Cent. Code § 32-46-03 — ND Code / Title 32 / Chapter 32-46 / Section 32-46-03
32-46-03. Measure of liabilities
Status: in_force

32-46-03. Measure of liabilities

1. Except as further limited in subsection 2, the cumulative successor asbestos-related

liabilities of an innocent successor corporation are limited to the fair market value of

the total gross assets of the transferor determined as of the time of the merger or

consolidation. The innocent successor corporation does not have responsibility for

successor asbestos-related liabilities in excess of this limitation.

2. If the transferor had assumed or incurred successor asbestos-related liabilities or

liabilities in connection with a prior merger or consolidation with a prior transferor, then

the fair market value of the total assets of the prior transferor determined as of the time

of the earlier merger or consolidation must be substituted for the limitation set forth in

subsection 1 for purposes of determining the limitation of liability of an innocent

successor corporation.
N.D. Cent. Code § 32-16-34 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-34
32-16-34. Order to convey
Status: in_force

32-16-34. Order to convey

If the sale is confirmed by the court, an order must be entered directing the referees to

execute conveyances and take securities pursuant to such sale. Such order also may give

directions to them respecting the disposition of the proceeds of sale.
N.D. Cent. Code § 32-03-34 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-34
32-03-34. Value of title papers
Status: in_force

32-03-34. Value of title papers

For the purpose of estimating damages, the value of an instrument in writing is presumed to

be equal to that of the property to which it entitles its owner.
N.D. Cent. Code § 32-03-07 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-07
32-03-07. When court or jury may give exemplary damages
Status: repealed

32-03-07. When court or jury may give exemplary damages

Repealed by S.L. 1987, ch. 404, § 13, as amended by S.L. 1993, ch. 324, § 1.
N.D. Cent. Code § 32-08.1-15 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-15
32-08.1-15. Exception to defendant's sureties - Release of property - Costs
Status: in_force

32-08.1-15. Exception to defendant's sureties - Release of property - Costs

The officer shall forthwith give the plaintiff a copy of the bond received pursuant to section

32-08.1-14 with notice of the time when the same was delivered to the officer. The plaintiff shall,

within three days thereafter, give notice to the officer that the plaintiff objects to the sureties or

waives all objections to them. When the plaintiff objects, the sureties shall justify as provided in

section 32-08.1-05. The officer shall be responsible for the sufficiency of such sureties and may

retain possession of the attached property until they justify or until the objection is waived.

Thereafter, the officer shall deliver the property attached to such defendant. If real estate is

attached, the sheriff shall file a certificate of the discharge thereof in the office of the recorder. If

judgment is for the plaintiff, all the plaintiff's costs and disbursements on the attachment shall be

included in the judgment.
N.D. Cent. Code § 32-23-03 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-03
32-23-03. Construction before or after breach
Status: in_force

32-23-03. Construction before or after breach

A contract may be construed either before or after there has been a breach thereof.
N.D. Cent. Code § 32-16-04 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-04
32-16-04. Lis pendens required
Status: in_force

32-16-04. Lis pendens required

Immediately after filing the complaint in the district court, the plaintiff must record in the

office of the recorder of the county, or of the several counties in which the property is situated, a

notice of the pendency of the action, containing the names of the parties, so far as known, the

object of the action, and a description of the property to be affected thereby. From the time of

filing such notice for record, all persons shall be deemed to have notice of the pendency of the

action.
N.D. Cent. Code § 32-33-09 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-09
32-33-09. Extent of review
Status: in_force

32-33-09. Extent of review

Except as otherwise provided by law, the review upon a writ of certiorari cannot be

extended further than to determine whether the inferior court, tribunal, board, or officer has

pursued regularly the authority of such court, tribunal, board, or officer.
N.D. Cent. Code § 32-46.1-04 — ND Code / Title 32 / Chapter 32-46.1 / Section 32-46.1-04
32-46.1-04. Discovery - Use of materials
Status: in_force

32-46.1-04. Discovery - Use of materials

1. Trust claims materials and trust governance documents are presumed to be relevant

and authentic and are admissible in evidence. A claim of privilege does not apply to

any trust claims materials or trust governance documents.

2. A defendant in an asbestos action may seek discovery from an asbestos trust. The

plaintiff may not claim privilege to bar discovery and shall provide consent or other

expression of permission as required by the asbestos trust to release information and

materials sought by the defendant.

3. Trust claims materials sufficient to entitle a claim to consideration for payment under

the applicable trust governance documents may be sufficient to support a jury finding

that the plaintiff may have been exposed to products for which the trust was

established to provide compensation and that such exposure may be a substantial

contributing factor in causing the plaintiff's injury.
N.D. Cent. Code § 32-46.1-02 — ND Code / Title 32 / Chapter 32-46.1 / Section 32-46.1-02
32-46.1-02. Required disclosures by plaintiff
Status: in_force

32-46.1-02. Required disclosures by plaintiff

1. Within thirty days after an asbestos action is filed, the plaintiff shall:

a. Provide the court and parties with a sworn statement signed by the plaintiff and

plaintiff's counsel indicating an investigation of all asbestos trust claims has been

conducted and all asbestos trust claims that could be made by the plaintiff have

been filed. The sworn statement must indicate whether a request has been made

to defer, delay, suspend, or toll any asbestos trust claim and provide the

disposition of each asbestos trust claim.

b. Provide parties with all trust claims materials, including materials related to the

conditions other than those that are the basis for the asbestos action and any

materials from all law firms connected to the plaintiff in relation to the plaintiff's

exposure to asbestos.

c. Produce all available trust claims materials submitted to any asbestos trusts by

other individuals if the plaintiff's asbestos trust claim is based on exposure to

asbestos through those individuals.

2. The plaintiff shall supplement the information and materials required under this section

within thirty days after supplementing an existing asbestos trust claim, receiving

additional information or materials related to an asbestos trust claim, or filing an

additional asbestos trust claim.

3. The court may dismiss an asbestos action if the plaintiff fails to comply with this

section.

4. An asbestos action may not proceed to trial until at least one hundred eighty days after

the requirements of this section have been met.
N.D. Cent. Code § 32-15-22 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-22
32-15-22. Assessment of damages
Status: in_force

32-15-22. Assessment of damages

The jury, or court, or referee, if a jury is waived, must hear such legal testimony as may be

offered by any of the parties to the proceedings and thereupon must ascertain and assess:

1. The value of the property sought to be condemned and all improvements thereon

pertaining to the realty and of each and every separate estate or interest therein. If it

consists of different parcels, the value of each parcel and each estate and interest

therein shall be separately assessed.

2. If the property sought to be condemned constitutes only a part of a larger parcel, the

damages which will accrue to the portion not sought to be condemned by reason of its

severance from the portion sought to be condemned and the construction of the

improvement in the manner proposed by the plaintiff.

3. If the property, though no part thereof is taken, will be damaged by the construction of

the proposed improvement, the amount of such damages.

4. If the property is taken or damaged by the state or a public corporation, separately,

how much the portion not sought to be condemned and each estate or interest therein

will be benefited, if at all, by the construction of the improvement proposed by the

plaintiff, and if the benefit shall be equal to the damages assessed under subsections

2 and 3, the owner of the parcel shall be allowed no compensation except the value of

the portion taken, but if the benefit shall be less than the damages so assessed the

former shall be deducted from the latter and the remainder shall be the only damages

allowed in addition to the value of the portion taken.

5. As far as practicable, compensation must be assessed separately for property actually

taken and for damages to that which is not taken.
N.D. Cent. Code § 32-21-03 — ND Code / Title 32 / Chapter 32-21 / Section 32-21-03
32-21-03. Who may bring action
Status: in_force

32-21-03. Who may bring action

The action shall be brought by the following persons in the order named:

1. The surviving husband or wife, if any.

2. The surviving children, if any.

3. The surviving mother or father.

4. A surviving grandparent.

5. The personal representative.

6. A person who has had primary physical custody of the decedent before the wrongful

act.

If any person entitled to bring the action refuses or neglects so to do for a period of thirty days

after demand of the person next in order, that person may bring the action.
N.D. Cent. Code § 32-15-12 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-12
32-15-12. When note of issue filed
Status: repealed

32-15-12. When note of issue filed

Repealed by omission from this code.
N.D. Cent. Code § 32-29.3-10 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-10
32-29.3-10. Consolidation of separate arbitration proceedings
Status: in_force

32-29.3-10. Consolidation of separate arbitration proceedings

1. Except as otherwise provided in subsection 3, upon motion of a party to an agreement

to arbitrate or to an arbitration proceeding, the court may order consolidation of

separate arbitration proceedings as to all or some of the claims if:

a. There are separate agreements to arbitrate or separate arbitration proceedings

between the same persons or one of them is a party to a separate agreement to

arbitrate or a separate arbitration proceeding with a third person;

b. The claims subject to the agreements to arbitrate arise in substantial part from

the same transaction or series of related transactions;

c. The existence of a common issue of law or fact creates the possibility of

conflicting decisions in the separate arbitration proceedings; and

d. Prejudice resulting from a failure to consolidate is not outweighed by the risk of

undue delay or prejudice to the rights of or hardship to parties opposing

consolidation.

2. The court may order consolidation of separate arbitration proceedings as to some

claims and allow other claims to be resolved in separate arbitration proceedings.

3. The court may not order consolidation of the claims of a party to an agreement to

arbitrate if the agreement prohibits consolidation.
N.D. Cent. Code § 32-02-05 — ND Code / Title 32 / Chapter 32-02 / Section 32-02-05
32-02-05. Examination of sureties
Status: in_force

32-02-05. Examination of sureties

For the purpose of justification, each of the sureties excepted to shall appear before the

judge personally or by deposition at the time and place mentioned in the notice and may be

examined on oath on the part of the excepting party touching the surety's sufficiency in such

manner as the judge of the court may think proper. The examination shall be taken

stenographically. The costs of the justification shall be paid by the party offering the sureties, if

the same are found not sufficient, but if sufficient, then the party excepting shall pay such costs.

Such costs shall be taxed by the court in which the action is pending as other costs are taxed.
N.D. Cent. Code § 32-33-11 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-11
32-33-11. Judgment sent below
Status: in_force

32-33-11. Judgment sent below

A copy of the judgment signed by the clerk must be transmitted to the inferior court, tribunal,

board, or officer having custody of the record or proceedings certified.
N.D. Cent. Code § 32-16-27 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-27
32-16-27. Estate for life or years - Compensation
Status: in_force

32-16-27. Estate for life or years - Compensation

The person entitled to a tenancy for life or years, whose estate has been sold, is entitled to

receive such sum as may be deemed a reasonable satisfaction for such estate which the

person so entitled may consent, by an instrument in writing filed with the clerk of the court, to

accept in lieu of such estate. Upon the filing of such consent, the clerk must enter the same in

the minutes of the court.
N.D. Cent. Code § 32-03.2-05 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-05
32-03.2-05. Separate finding on damages
Status: in_force

32-03.2-05. Separate finding on damages

In awarding compensation for damages to any party, the trier of fact shall make separate

findings which must specify:

1. The amount of compensation for past economic damages.

2. The amount of compensation for future economic damages.

3. The amount of compensation for noneconomic damages.
N.D. Cent. Code § 32-22-09 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-09
32-22-09. Manner of serving the writ
Status: in_force

32-22-09. Manner of serving the writ

Whenever the writ is directed to the sheriff or other ministerial officer of the court out of

which it is issued, it must be delivered by the clerk or by such person as it may be entrusted to,

without delay, as other writs are delivered to such sheriff or other officer for service, or it may be

left with the jailer, keeper, or other person under such sheriff or other officer in charge of and at

the jail or place where the person seeking the writ may be imprisoned or restrained. If it is

directed to any other person, it may be delivered to the sheriff or sheriff's deputy and be by the

sheriff or sheriff's deputy served upon such person by delivering the same to such person

without delay. If the person to whom the writ is directed cannot be found or refuses admittance

to the officer or person serving or delivering such writ, it may be served or delivered by leaving it

at the residence of the person to whom it is directed, or by affixing it to some conspicuous place

on the outside either of that person's dwelling house or of the place where the party is confined

or under restraint. In any case the court issuing the writ, at its discretion, may authorize any

person to serve and deliver it by an entry signed by the judge thereon to the following effect: "I

hereby authorize _______________ to serve the within writ", and service made by such person

in the manner designated in this section shall be due and lawful service.
N.D. Cent. Code § 32-16-32 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-32
32-16-32. Who can purchase
Status: in_force

32-16-32. Who can purchase

No referee, nor any person for the benefit of any referee, can be interested in the purchase

of any real property which is the subject of the action. Neither can any guardian or conservator

of an infant party to such action be interested in the purchase of such property except for the

benefit of the infant. All sales contrary to the provisions of this section are void.
N.D. Cent. Code § 32-12.1-04 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-04
32-12.1-04. Political subdivision to be named in action - Personal liability of employees - Indemnification of claims and final judgments
Status: in_force

32-12.1-04. Political subdivision to be named in action - Personal liability of

employees - Indemnification of claims and final judgments.

1. An action for injuries proximately caused by the alleged negligence, wrongful act, or

omission of an employee of a political subdivision occurring within the scope of the

employee's employment or office shall be brought against the political subdivision. If

there is any question concerning whether the alleged negligence, wrongful act, or

omission occurred within the scope of employment or office of the employee, the

employee may be named as a party to the action and the issue may be tried

separately. A political subdivision must defend the employee until the court determines

the employee was acting outside the scope of the employee's employment or office.

2. An employee shall not be personally liable for money damages for injuries when the

injuries are proximately caused by the negligence, wrongful act, or omission of the

employee acting within the scope of the employee's employment or office.

3. No employee may be held liable in the employee's personal capacity for acts or

omissions of the employee occurring within the scope of the employee's employment

unless the acts or omissions constitute reckless or grossly negligent conduct, or willful

or wanton misconduct. An employee may be personally liable for money damages for

injuries when the injuries are proximately caused by the negligence, wrongful act, or

omission of the employee acting outside the scope of the employee's employment or

office. The plaintiff in such an action bears the burden of proof to show by clear and

convincing evidence that the employee was either acting outside the scope of the

employee's employment or office or the employee was acting within the scope of

employment in a reckless, grossly negligent, willful, or wanton manner. Employees

may be liable for punitive or exemplary damages. The extent to which an employee

may be personally liable pursuant to this section and whether the employee was acting

within the scope of employment or office shall be specifically stated in a final judgment.

4. A political subdivision shall indemnify and save harmless an employee for any claim,

whether groundless or not, and final judgment for any act or omission occurring within

the scope of employment or office of the employee. The indemnification shall be made

in the manner provided by this chapter and shall be subject to the limitations herein.
N.D. Cent. Code § 32-16-47 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-47
32-16-47. Abstract of title - How cost paid
Status: in_force

32-16-47. Abstract of title - How cost paid

If it appears to the court that it was necessary to have made an abstract of the title to the

property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the

plaintiff shall have failed to have the same made before the commencement of the action, and

any of the defendants shall have had such abstract afterwards made, the cost of the abstract,

with interest thereon, from the time the same is subject to the inspection of the respective

parties, must be allowed and taxed. Whenever such abstract is produced by the plaintiff before

the commencement of the action, the plaintiff must file with the complaint a notice that an

abstract of the title has been made and is subject to the inspection and use of all the parties to

the action, designating therein where the abstract will be kept for inspection. If the plaintiff shall

have failed to procure such abstract before commencing the action and any defendant shall

procure the same to be made, the defendant, as soon as the defendant has directed it to be

made, shall file a notice thereof in the action with the clerk of the court, stating who is making

the same and where it will be kept when finished. The court or the judge thereof may direct,

from time to time during the progress of the action, who shall have the custody of the abstract.
N.D. Cent. Code § 32-16-35 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-35
32-16-35. Interested party may apply share on purchase price
Status: in_force

32-16-35. Interested party may apply share on purchase price

When a party entitled to a share of the property, or an encumbrancer entitled to have that

encumbrancer's lien paid out of the sale, becomes a purchaser, the referees may take their

receipt for so much of the proceeds of the sale as belongs to them.
N.D. Cent. Code § 32-29.4-20 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-20
32-29.4-20. Judgment on award
Status: in_force

32-29.4-20. Judgment on award

1. On granting an order confirming, vacating without directing a rehearing, or amending

an award under this chapter, the court shall enter judgment in conformity with the

order.

2. On motion of a party, the court may order a document or part of the arbitration record

be sealed or redacted to prevent public disclosure of all or part of the record or award

to the extent permitted under law of this state other than this chapter.
N.D. Cent. Code § 32-10.1-12 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-12
32-10.1-12. Duties of owner
Status: in_force

32-10.1-12. Duties of owner

1. An owner shall:

a. Assist and cooperate with the receiver in the administration of the receivership

and the discharge of the receiver's duties;

b. Preserve and turn over to the receiver all receivership property in the owner's

possession, custody, or control;

c. Identify all records and other information relating to the receivership property,

including a password, authorization, or other information needed to obtain or

maintain access to or control of the receivership property, and make available to

the receiver the records and information in the owner's possession, custody, or

control;

d. On subpoena, submit to examination under oath by the receiver concerning the

acts, conduct, property, liabilities, and financial condition of the owner or any

matter relating to the receivership property or the receivership; and

e. Perform any duty imposed by court order, this chapter, or any other provision of

law.

2. If an owner is a person other than an individual, this section applies to each officer,

director, manager, member, partner, trustee, or other person exercising or having the

power to exercise control over the affairs of the owner.

3. If a person knowingly fails to perform a duty imposed by this section, the court may:

a. Award the receiver actual damages caused by the person's failure, reasonable

attorney's fees, and costs; and

b. Sanction the failure as civil contempt.
N.D. Cent. Code § 32-29.3-02 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-02
32-29.3-02. Notice
Status: in_force

32-29.3-02. Notice

1. Except as otherwise provided in this chapter, a person gives notice to another person

by taking action that is reasonably necessary to inform the other person in ordinary

course, whether or not the other person acquires knowledge of the notice.

2. A person has notice if the person has knowledge of the notice or has received notice.

3. A person receives notice when it comes to the person's attention or the notice is

delivered at the person's place of residence or place of business, or at another location

held out by the person as a place of delivery of such communications.
N.D. Cent. Code § 32-19-31 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-31
32-19-31. Summons to be published
Status: repealed

32-19-31. Summons to be published

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-04-04 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-04
32-04-04. Method of recovering real property
Status: in_force

32-04-04. Method of recovering real property

A person entitled to specific real property by reason either of a perfected title, or of a claim

to title which ought to be perfected, may recover the same either by a judgment for its

possession to be executed by the sheriff, or by a judgment requiring the other party to perfect

the title and to deliver possession of the property.
N.D. Cent. Code § 32-15-14 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-14
32-15-14. When sheriff's fees to be advanced by plaintiff - Surety for jury fees
Status: repealed

32-15-14. When sheriff's fees to be advanced by plaintiff - Surety for jury fees

Repealed by S.L. 1981, ch. 354, § 1.
N.D. Cent. Code § 32-03-33 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-33
32-03-33. When peculiar value to person deemed value
Status: in_force

32-03-33. When peculiar value to person deemed value

When certain property has a peculiar value to a person recovering damages for deprivation

thereof or injury thereto, that value may be deemed to be its value against one who had notice

thereof before incurring a liability to damages in respect thereof or against a willful wrongdoer.
N.D. Cent. Code § 32-19-07 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-07
32-19-07. Other suits permitted
Status: in_force

32-19-07. Other suits permitted

Notwithstanding any other provision of state law, if a promissory note or other obligation and

a mortgage, other than a first mortgage, upon real estate have been given to secure a debt

contracted on or after August 1, 1993, a mortgagee may bring an action on the promissory note

if the mortgagee waives the right to foreclose the mortgage given to secure the note. Allowing a

mortgagee to bring an action on the promissory note or other obligation of the mortgagor if the

mortgagee waives the right to foreclosure of the mortgage given to secure the note applies only

to residential real property consisting of four or fewer residential units.
N.D. Cent. Code § 32-08.1-12 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-12
32-08.1-12. Sale of perishable property attached or garnished
Status: in_force

32-08.1-12. Sale of perishable property attached or garnished

When any property taken on a writ of attachment is likely to depreciate in value before the

end of the action or the keeping thereof could cause much loss or expense, the court or a judge

may order it sold in such manner as the best interests of the parties demand, and the money

realized shall be held by the sheriff in lieu of the property sold.
N.D. Cent. Code § 32-22-34 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-34
32-22-34. Accused liberated for want of prosecution
Status: in_force

32-22-34. Accused liberated for want of prosecution

If any person shall be committed for a criminal or supposed criminal matter and not

admitted to bail, and shall not be tried on or before the second term of the court having

jurisdiction of the offense, the prisoner shall be set at liberty by the court, unless the delay shall

happen on the application of the prisoner. If such court at the second term shall be satisfied that

due exertions have been made to procure the evidence for and on behalf of the state, and that

there are reasonable grounds to believe that such evidence may be procured at the third term, it

shall have power to continue such case until the third term. If any such prisoner shall have been

admitted to bail for a crime other than a capital offense, the court may continue the trial of said

cause to a third term, if it shall appear by oath or affirmation that the witnesses for the state are

absent, such witnesses being mentioned by name, and the court shown wherein their testimony

is material.
N.D. Cent. Code § 32-08.1-11 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-11
32-08.1-11. Indemnity to sheriff
Status: in_force

32-08.1-11. Indemnity to sheriff

If there is reasonable doubt as to the ownership of the property or as to its liability to be

attached, the sheriff may require sufficient security from the plaintiff to indemnify the sheriff for

attaching such property.
N.D. Cent. Code § 32-05-01 — ND Code / Title 32 / Chapter 32-05 / Section 32-05-01
32-05-01. When preventive relief given
Status: in_force

32-05-01. When preventive relief given

Preventive relief may be given in the cases specified in this chapter and in no other cases.
N.D. Cent. Code § 32-12.2-12 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-12
32-12.2-12. State agency loss control committee records and meetings privileged and exempt from open records and open meetings law
Status: in_force

32-12.2-12. State agency loss control committee records and meetings privileged and

exempt from open records and open meetings law.

The records of any state agency loss control committee addressing any pending or

reasonably predictable claim are exempt from section 44-04-18 and are not open records under

section 6 of article XI of the Constitution of North Dakota unless the director of the office of

management and budget determines disclosure will not prejudice any pending or reasonably

predictable claim and the meetings of any loss control committee of a governing body are not

public meetings subject to section 44-04-19 and section 5 of article XI of the Constitution of

North Dakota. The records and communications at meetings of the committee regarding any

pending or reasonably predictable claim are privileged and are not subject to subpoena or

discovery or introduction into evidence in any civil action. The records of the committee include

all information, data, reports, or records created by or made available to the committee. Any

information, data, report, or record otherwise available from original sources is not confidential

or immune from discovery or use in any civil action merely because it was presented or

considered during the proceedings of the committee. A person who testified before the

committee or who is a member of the committee may testify as to matters within that person's

knowledge but may not be asked about the records of, the testimony before, or the discussions

of the committee. This section does not relieve any person of any liability incurred as a result of

actions reviewed by the committee.
N.D. Cent. Code § 32-22-40 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-40
32-22-40. Penalty for rearresting on same charge
Status: in_force

32-22-40. Penalty for rearresting on same charge

Any person who, knowing that another has been discharged by order of a competent judge

or tribunal on a writ of habeas corpus, shall arrest or detain that person again, contrary to the

provisions of this chapter, for the same cause which was shown on the return of such writ, shall

forfeit five hundred dollars for the first offense, and one thousand dollars for every subsequent

offense.
N.D. Cent. Code § 32-09.1-07 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-07
32-09.1-07. Form of summons and notice
Status: in_force

32-09.1-07. Form of summons and notice

1. The garnishee summons must state:

a. That the garnishee shall serve upon the plaintiff or the plaintiff's attorney within

twenty days after service of the garnishee summons:

(1) A written disclosure, under oath, of indebtedness to the defendant; and

(2) Answers, under oath, to all written interrogatories that are served with the

garnishee summons.

b. The full name of the defendant, the defendant's place of residence, the date of

the entry of judgment against the defendant, the total amount of the judgment

which remains unpaid, and the retention amount. The retention amount is the

sum of the amount of the judgment which remains unpaid, one hundred

twenty-five dollars, and an amount equal to nine months of interest on the amount

of the judgment which remains unpaid.

c. That the garnishee shall retain property, earnings, or money in the garnishee's

possession pursuant to this chapter until the plaintiff causes a writ of execution to

be served upon the garnishee or until the defendant authorizes release to the

plaintiff.

d. That after the expiration of the period of time specified in section 32-09.1-20, the

garnishee shall release all retained property, earnings, and money to the

defendant and is discharged and relieved of all liability on the garnishee

summons.

e. That an employer may not discharge an employee because the employee's

property, earnings, or money are subject to garnishment.

f. That any assignment of wages made by the defendant or indebtedness to the

garnishee incurred within ten days before the receipt of notice of the first

garnishment on the underlying debt is void.

g. That the defendant must provide to the garnishee within ten days after receipt of

the garnishee summons a list of the dependent family members who reside with

the defendant and their social security numbers, if any, to have the maximum

amount subject to garnishment reduced under subsection 2 of section

32-09.1-03.

h. That failure of the defendant to provide a list to the garnishee within ten days after

receipt of the garnishee summons is conclusive with respect to whether the

defendant claims no family members.

2. Under subdivision a of subsection 1, the plaintiff may not require the garnishee to

disclose indebtedness or property of the defendant in the garnishee's possession or

under the garnishee's control to the extent that the indebtedness or property exceeds

the retention amount.

3. The garnishee summons and notice to defendant must be substantially in the following

form:

State of North Dakota ) In ___________ Court

) ss.

County of __________ ) ____________________

______________________________

Plaintiff

against Garnishee Summons and

______________________________ Notice to Defendant

Defendant

and

______________________________

Garnishee

The State of North Dakota to the above-named Garnishee:

You shall serve upon the plaintiff or the plaintiff's attorney, within twenty days after

service of this summons upon you, a written disclosure, under oath, setting forth the

amount of any debt you may owe to the defendant, ____________________ (give full

name and residence of defendant) and a description of any property, money, or effects

owned by the defendant which are in your possession. Your disclosure need not exceed

$___________. (Enter retention amount.) The date of entry of the judgment against the

defendant was _________ (enter date of entry of plaintiff's judgment) and the amount of the

judgment that remains unpaid is $__________.

The defendant shall provide you with a list of the names of dependent family members

who reside with the defendant and their social security numbers if the defendant desires to

have the garnishment amount reduced under subsection 2 of section 32-09.1-03. Failure of

the defendant to provide the list to you is conclusive to establish that the defendant claims

no dependent family members reside with the defendant.

Failure to disclose and withhold may make you liable to the plaintiff for the sum of

$___________. (Enter the retention amount.)

You shall retain the defendant's nonexempt property, money, earnings, and effects in

your possession until a writ of execution is served upon you, until the defendant authorizes

release to the plaintiff, or until the expiration of 360 days from the date of service of this

summons upon you. If no writ of execution has been served upon you or no agreement has

been made for payment within 360 days, the garnishment ends and any property or funds

held by you must be returned to the defendant if the defendant is otherwise entitled to their

possession.

Any assignment of wages by the defendant or indebtedness to you incurred by the

defendant within ten days before the receipt of the first garnishment on a debt is void and

should be disregarded.

You may not discharge the defendant because the defendant's earnings are subject to

garnishment.

Dated ________, ____.

By: ______________________________

NOTICE TO DEFENDANT

To:___________________________

The garnishee summons, garnishment disclosure form, and written interrogatories

(strike out if not applicable), that are served upon you, were also served upon

_______________________, the garnishee.

_________________________

(Attorneys for Plaintiff)

________________________

(Address)

_________________________

(Telephone)
N.D. Cent. Code § 32-04-09 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-09
32-04-09. Presumption as to relief for not transferring property
Status: in_force

32-04-09. Presumption as to relief for not transferring property

It is to be presumed that the breach of an agreement to transfer real property cannot be

relieved adequately by pecuniary compensation and that the breach of an agreement to transfer

personal property can be thus relieved.
N.D. Cent. Code § 32-03.2-06 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-06
32-03.2-06. Reduction for collateral source payments
Status: in_force

32-03.2-06. Reduction for collateral source payments

After an award of economic damages, the party responsible for the payment thereof is

entitled to and may apply to the court for a reduction of the economic damages to the extent that

the economic losses presented to the trier of fact are covered by payment from a collateral

source. A "collateral source" payment is any sum from any other source paid or to be paid to

cover an economic loss which need not be repaid by the party recovering economic damages,

but does not include life insurance, other death or retirement benefits, or any insurance or

benefit purchased by the party recovering economic damages.
N.D. Cent. Code § 32-33-04 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-04
32-33-04. Requisites of writ
Status: in_force

32-33-04. Requisites of writ

The writ of certiorari shall command the party to whom it is directed to certify fully to the

court issuing the writ, at a specified time and place, and to annex to the writ a transcript of the

record and proceedings, describing or referring to them with convenient certainty, and a

statement of other matter specified in and required by the writ, that the same may be reviewed

by the court, and requiring the party in the meantime to desist from further proceedings in the

matter to be reviewed.
N.D. Cent. Code § 32-48-06 — ND Code / Title 32 / Chapter 32-48 / Section 32-48-06
32-48-06. Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to COVID-19
Status: in_force

32-48-06. Supplies, equipment, and products designed, manufactured, labeled, sold,

distributed, and donated in response to COVID-19.

1. A person that designs, manufactures, labels, sells, distributes, or donates disinfecting

or cleaning supplies, personal protective equipment, or a qualified product in response

to COVID-19 is immune from civil liability for any personal injury, death, or property

damage caused by or resulting from the design, manufacturing, labeling, selling,

distributing, or donating of the disinfecting or cleaning supplies, personal protective

equipment, or a qualified product.

2. A person that designs, manufactures, labels, sells, distributes, or donates disinfecting

or cleaning supplies, personal protective equipment, or a qualified product in response

to COVID-19 is immune from civil liability for any personal injury, death, or property

damage caused by or resulting from a failure to provide proper instruction or sufficient

warning.

3. The immunity provided under subsections 1 and 2 does not apply:

a. To a person that designs, manufactures, labels, sells, distributes, or donates

disinfecting or cleaning supplies, personal protective equipment, or a qualified

product:

(1) With actual knowledge of a defect in the disinfecting or cleaning supplies,

personal protective equipment, or a qualified product when put to the use for

which the disinfecting or cleaning supplies, personal protective equipment,

or a qualified product was designed, manufactured, sold, distributed, or

donated; and

(2) If the person recklessly disregarded a substantial and unnecessary risk the

disinfecting or cleaning supplies, personal protective equipment, or a

qualified product would cause serious personal injury, death, or serious

property damage; or

b. If the person that designs, manufactures, labels, sells, distributes, or donates

disinfecting or cleaning supplies, personal protective equipment, or a qualified

product acts with actual malice.
N.D. Cent. Code § 32-03-04 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-04
32-03-04. Interest on damages
Status: in_force

32-03-04. Interest on damages

Every person who is entitled to recover damages certain or capable of being made certain

by calculation, the right to recover which is vested in the person upon a particular day, also is

entitled to recover interest thereon from that day, except for such time as the debtor is

prevented by law or by the act of the creditor from paying the debt.
N.D. Cent. Code § 32-12.2-09 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-09
32-12.2-09. Insurance no waiver of immunity
Status: in_force

32-12.2-09. Insurance no waiver of immunity

No purchase of insurance or participation in a government self-insurance pool or

self-retention fund by the state may be construed as a waiver of any immunity to suit.
N.D. Cent. Code § 32-19-32 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-32
32-19-32. Copy of summons and complaint to be mailed
Status: repealed

32-19-32. Copy of summons and complaint to be mailed

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-04-19 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-19
32-04-19. Court may inquire what instrument was intended to mean
Status: in_force

32-04-19. Court may inquire what instrument was intended to mean

In revising a written instrument, the court may inquire what the instrument was intended to

mean and what were intended to be its legal consequences, and it is not confined to an inquiry

as to what the language of the instrument was intended to be.
N.D. Cent. Code § 32-04-08 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-08
32-04-08. Remedy of specific performance must be mutual
Status: in_force

32-04-08. Remedy of specific performance must be mutual

Neither party to an obligation can be compelled specifically to perform it, unless the other

party thereto has performed, or is compelled specifically to perform, everything to which the

former is entitled under the same obligation, either completely or nearly so, together with full

compensation for any want of entire performance.
N.D. Cent. Code § 32-03-10 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-10
32-03-10. Damages for breach of obligation to pay money
Status: in_force

32-03-10. Damages for breach of obligation to pay money

The detriment caused by the breach of an obligation to pay money only is deemed to be the

amount due by the terms of the obligation, with interest thereon.
N.D. Cent. Code § 32-22-06 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-06
32-22-06. Application to supreme court for writ of habeas corpus
Status: in_force

32-22-06. Application to supreme court for writ of habeas corpus

When, upon application to the supreme court for a writ of habeas corpus, it is apparent that

no necessity exists for its immediate issuance, and a district court has entertained an

application for the writ, and, upon hearing, quashed it, the supreme court will require all the

papers, including the application and supporting affidavits, the return and supporting affidavits,

and the order of such lower court, to accompany the application made to said court. In

emergency cases, the foregoing requirement may be waived.
N.D. Cent. Code § 32-19-30 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-30
32-19-30. Service by publication - How made
Status: repealed

32-19-30. Service by publication - How made

Repealed by S.L. 2005, ch. 302, § 30.
N.D. Cent. Code § 32-26-02 — ND Code / Title 32 / Chapter 32-26 / Section 32-26-02
32-26-02. Public administrator as receiver
Status: in_force

32-26-02. Public administrator as receiver

The making of an assignment shall be cause for the appointment of a receiver of the

property of the assignor, and the public administrator of the county wherein the greater part of

the assets of such assignor shall be situated, either on the public administrator's own petition or

on the petition of any creditor of the assignor, shall be appointed receiver of the property of such

assignor, and shall proceed to administer and distribute the same in the place and stead of the

assignee named in such assignment, and, as nearly as may be, in accordance with the terms

and provisions of such assignment, under the supervision of the district court.
N.D. Cent. Code § 32-16-03 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-03
32-16-03. Necessary parties - Only interests of record
Status: in_force

32-16-03. Necessary parties - Only interests of record

No person having a conveyance of, or claiming a lien on, the property, or some part of it,

need be made a party to the action, unless such conveyance or lien appears of record.
N.D. Cent. Code § 32-30-02 — ND Code / Title 32 / Chapter 32-30 / Section 32-30-02
32-30-02. Summons after judgment
Status: in_force

32-30-02. Summons after judgment

When a judgment shall be recovered against one or more of several persons jointly

indebted upon a contract by proceeding as provided in section 32-30-01, those who were not

originally summoned to answer the complaint and did not appear in the action may be

summoned to show cause why they should not be bound by the judgment in the same manner

as if they had been summoned originally.
N.D. Cent. Code § 32-01-13 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-13
32-01-13. How special issues not made by pleadings are tried
Status: in_force

32-01-13. How special issues not made by pleadings are tried

Superseded by N.D.R.Civ.P. 39(b).
N.D. Cent. Code § 32-22-04 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-04
32-22-04. By what court application granted
Status: in_force

32-22-04. By what court application granted

The writ of habeas corpus must be granted, issued, and made returnable as hereinafter

stated:

1. The writ must be granted by the supreme court, or any judge thereof, upon petition by

or on behalf of any person restrained of the person's liberty within this state. When

granted by the court, it, in all cases, shall be issued out of and under the seal of the

supreme court, and may be made returnable, either before the supreme court, or

before the district court or any judge of the district court; or

2. The writ may be granted, issued, and determined by the district courts and the judges

thereof upon petition by or on behalf of any person restrained of the person's liberty in

their respective districts.

When application is made to the supreme court, or to a judge thereof, proof by the oath of the

person applying or other sufficient evidence shall be required that the judge of the district court

having jurisdiction by the provisions of subsection 2 is absent from the judge's district or has

refused to grant such writ, or for some cause to be specially set forth, is incapable of acting, and

if such proof is not produced the application shall be denied.
N.D. Cent. Code § 32-22-29 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-29
32-22-29. Person restrained in danger of being taken out of jurisdiction - Warrant
Status: in_force

32-22-29. Person restrained in danger of being taken out of jurisdiction - Warrant

When it appears to any court authorized by law to issue the writ of habeas corpus that

anyone is illegally held in custody, confinement, or restraint, and that there is reason to believe

that the person will be carried out of the jurisdiction of the court, or will suffer some irreparable

injury before compliance with the writ of habeas corpus can be enforced, the court may cause a

warrant to be issued reciting the facts and directed to the sheriff or coroner of the county,

commanding the officer to take the person thus held in custody, confinement, or restraint, and

forthwith bring that person before the court to be dealt with according to law. The court also may

insert in the warrant a command for the arrest of the person charged with the illegal detention

and restraint.
N.D. Cent. Code § 32-29.3-27 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-27
32-29.3-27. Venue
Status: in_force

32-29.3-27. Venue

A motion pursuant to section 32-29.3-05 must be made in the court of the county in which

the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has

been held, in the court of the county in which it was held. Otherwise, the motion may be made in

the court of any county in which an adverse party resides or has a place of business or, if no

adverse party has a residence or place of business in this state, in the court of any county in this

state. All subsequent motions must be made in the court hearing the initial motion unless the

court otherwise directs.
N.D. Cent. Code § 32-08.1-20 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-20
32-08.1-20. Return of property - Damages on dismissal - Entry in recorder's office
Status: in_force

32-08.1-20. Return of property - Damages on dismissal - Entry in recorder's office

When the defendant recovers judgment, all the money or property held by any writ of

attachment shall be delivered to the defendant, subject to the plaintiff's rights on appeal, and the

defendant may maintain an action on the plaintiff's bond for the assessed damages sustained

by reason of the writ of attachment. Upon the entry of final judgment in favor of the defendant or

on satisfaction of a plaintiff's judgment, the clerk of court shall, if real estate was attached, certify

the fact of such judgment or satisfaction, and on filing such certificate with the recorder in any

county in which attached lands are situated, such recorder shall enter such certificate upon the

records of the recorder's office in discharge of such attachments.
N.D. Cent. Code § 32-03-19 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-19
32-03-19. Damages for breach of promise to marry
Status: repealed

32-03-19. Damages for breach of promise to marry

Repealed by S.L. 1997, ch. 51, § 40.
N.D. Cent. Code § 32-22-18 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-18
32-22-18. Informal commitment from district judge
Status: in_force

32-22-18. Informal commitment from district judge

If the person is committed to prison, or is in custody of an officer on a criminal charge, by

virtue of a warrant of commitment of a district judge, the person must not be discharged on the

ground of any mere defect of form in the warrant of commitment.
N.D. Cent. Code § 32-22-43 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-43
32-22-43. Writ may issue for witness or for surrender of principal in discharge of bail - Liability of jailer - Costs
Status: in_force

32-22-43. Writ may issue for witness or for surrender of principal in discharge of bail -

Liability of jailer - Costs.

The supreme court or any district court within this state, or any judge of any such court, may

issue a writ of habeas corpus to bring the body of any person confined in any jail in the state

before such court or judge to testify or to be surrendered in discharge of bail. Where a writ is

issued for any such purpose and the witness or principal sought is confined in any jail in a

county other than the county in which such person is to be surrendered, or to which such person

is to be removed, and where such writ is executed and returned by an officer to whom it is

directed, the jailer from whose custody such person is taken shall be exonerated from liability for

an escape if:

1. The court or judge issuing the writ shall make an order directing the return of such

person to the custody of such jailer.

2. An attested copy of such order is delivered to the said jailer.

3. The officer to whom the writ was directed shall return such person pursuant to the said

order after the execution of the writ.

The party praying out such writ of habeas corpus shall pay to the officer executing the same

such reasonable sum for the officer's services as shall be adjudged by the court.
N.D. Cent. Code § 32-09.1-19 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-19
32-09.1-19. Garnishments - Minimal amount - Disclosure
Status: in_force

32-09.1-19. Garnishments - Minimal amount - Disclosure

If the amount required to be retained by the garnishee is less than ten dollars, the garnishee

may not retain the sum but shall make the disclosures otherwise required, except as provided in

section 32-09.1-21.
N.D. Cent. Code § 32-01-05 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-05
32-01-05. Criminal action defined
Status: in_force

32-01-05. Criminal action defined

A criminal action is one prosecuted by the state as a party against a person charged with a

public offense for the punishment thereof.
N.D. Cent. Code § 32-19-41 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-41
32-19-41. Abandoned personal property - Disposal by record title owner
Status: in_force

32-19-41. Abandoned personal property - Disposal by record title owner

1. If real property is adjudicated to be abandoned by an affidavit under section

32-19-23.1 or by a petition under section 32-19-19, the grantee in a sheriff's deed that

has been recorded, or after receipt and recording of a deed in lieu of foreclosure, may

retain and dispose of, without legal process, any personal property left on the real

property.

2. If the real property is not adjudicated to be abandoned by an affidavit under section

32-19-23.1 or by a petition under section 32-19-19, the grantee may retain and

dispose of, without legal process, any personal property left on the real property thirty

days after the issuance of a sheriff's deed.

3. If the total estimated value of personal property under subsection 2 is five hundred

dollars or more, the record title owner shall make reasonable efforts to notify in writing

the mortgagor or person who was entitled to possession of the real property during the

redemption period by certified mail at least fifteen days before disposing of the

personal property. Service by mail is complete upon mailing.

4. The record title owner is entitled to the proceeds from the sale of the personal

property, after all costs incidental to removal, storage, disposal, and sale of the

property have been deducted.

5. This section applies only to tracts of land not exceeding forty acres [16.19 hectares].

6. If the record title owner cannot be located, any remainder from the proceeds of a sale

must be delivered to the administrator of the state abandoned property office in

accordance with chapter 47-30.2.
N.D. Cent. Code § 32-22-41 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-41
32-22-41. All penalties inure to use of party aggrieved
Status: in_force

32-22-41. All penalties inure to use of party aggrieved

All the pecuniary forfeitures under this chapter shall inure to the use of the party for whose

benefit the writ of habeas corpus issued, and shall be sued for and recovered with costs, in the

name of the state, by any person aggrieved.
N.D. Cent. Code § 32-27-04 — ND Code / Title 32 / Chapter 32-27 / Section 32-27-04
32-27-04. Hearing - Who may appear - Duty of attorney general and state's attorney
Status: in_force

32-27-04. Hearing - Who may appear - Duty of attorney general and state's attorney

Any citizen of the state may appear at the hearing provided for in this chapter and shall be

heard in favor of or in opposition to the petition. The attorney general, if the attorney general has

reason to believe that the petitioner is not a bona fide citizen of the state of North Dakota or of

the United States of America, shall appear at the hearing in opposition to the petition. The

attorney general, if the attorney general has any doubt relative to the citizenship of the

petitioner, shall secure any information required for such hearing from any department of the

government of the United States of America. The state's attorney of the county in which the

proceeding is pending shall appear at any hearing on a petition filed under the provisions of this

chapter.
N.D. Cent. Code § 32-05-03 — ND Code / Title 32 / Chapter 32-05 / Section 32-05-03
32-05-03. How preventive relief given
Status: in_force

32-05-03. How preventive relief given

Preventive relief consists in prohibiting a party from doing that which ought not to be done. It

is granted by injunction, temporary or final.
N.D. Cent. Code § 32-03.4-03 — ND Code / Title 32 / Chapter 32-03.4 / Section 32-03.4-03
32-03.4-03. Approval of transfers of structured settlement payment rights
Status: in_force

32-03.4-03. Approval of transfers of structured settlement payment rights

A direct or indirect transfer of structured settlement payment rights is not effective and a

structured settlement obligor or annuity issuer may not be required to make any payment

directly or indirectly to any transferee of structured settlement payment rights unless the transfer

has been approved in advance in a final court order based on the following express findings by

the court:

1. The transfer is in the best interest of the payee, taking into account the welfare and

support of the payee's dependents and whether the transaction, including the discount

rate used to determine the gross advance amount and the fees and expenses used to

determine the net advance amount, are fair and reasonable. If the court makes the

findings as outlined in this subsection, there is not a requirement for the court to find

that an applicant is suffering from a hardship to approve the transfer of structured

settlement payments under this subsection;

2. The payee has been advised in writing by the transferee to seek independent

professional advice regarding the transfer and has either received that advice or

knowingly waived the advice in writing; and

3. The transfer does not contravene any applicable statute or the order of any court or

other governmental authority.
N.D. Cent. Code § 32-03.2-12 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-12
32-03.2-12. Post-trial review
Status: in_force

32-03.2-12. Post-trial review

Motions for periodic payments, reductions of awards for contributory fault and collateral

source payments, for review of the reasonableness of an award, and for setting the amount of

exemplary damages, must be made to the judge who presided over the trial of the action,

unless the judge is unable to act, in which case, the motion must be presented to a judge

designated by the presiding judge of the district in which the trial was held. The motion must be

made within ten days of the jury verdict, or order of the court, and if so made, judgment may not

be entered until the motion has been ruled on.
N.D. Cent. Code § 32-12.2-03 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-03
32-12.2-03. State to be named in action - Personal liability and defense of employees - Indemnification of claims and final judgments
Status: in_force

32-12.2-03. State to be named in action - Personal liability and defense of employees -

Indemnification of claims and final judgments.

1. An action for an injury proximately caused by the alleged negligence, wrongful act, or

omission of a state employee occurring within the scope of the employee's

employment must be brought against the state.

2. A state employee is not personally liable for money damages for an injury when the

injury is proximately caused by the negligence, wrongful act, or omission of the

employee acting within the scope of employment.

3. A state employee may not be held liable in the employee's personal capacity for acts

or omissions of the employee occurring within the scope of the employee's

employment. A state employee may be personally liable for money damages for an

injury when the injury is proximately caused by the negligence, wrongful act, or

omission of the employee acting outside the scope of the employee's employment.

The plaintiff in such an action bears the burden of proof to show by clear and

convincing evidence that the employee was acting outside the scope of the

employee's employment. The extent to which an employee may be personally liable

under this section and whether the employee was acting within the scope of

employment must be specifically stated in a final judgment.

4. Except for claims or judgments for punitive damages, the state shall indemnify and

save harmless a state employee for any claim, whether groundless or not, and final

judgment for any act or omission occurring within the scope of employment of the

employee if the employee provides complete disclosure and cooperation in the

defense of the claim or demand and if the employee has given written notice of the

claim or demand to the head of the state entity that employs the state employee and to

the attorney general within ten days after being served with a summons, complaint, or

other legal pleading asserting that claim or demand against the state employee.

5. A judgment in a claim against the state is a complete bar to any claim by the claimant,

resulting from the same injury, against the employee whose act or omission gave rise

to the claim.

6. The state shall defend any state employee in connection with any civil claim or

demand, whether groundless or otherwise, arising out of an alleged act or omission

occurring within the scope of the employee's employment if the employee provides

complete disclosure and cooperation in the defense of the claim or demand and if the

employee requests such defense in writing within ten days after being served with a

summons, complaint, or other legal pleading asserting a cause of action against the

state employee arising out of a civil claim or demand. The request for defense must be

in writing and provided to the head of the state entity that employs the state employee

and the attorney general. The head of the state entity that employs the state employee

shall advise the attorney general as to whether that person deems the employee's

actions that are the subject of the action to have been within the scope of the

employee's employment. The determination of whether a state employee was acting

within the scope of employment must be made by the attorney general. If the attorney

general determines that the employee was acting within the scope of the employee's

employment, the state shall provide the employee with a defense by or under the

control of the attorney general or the attorney general's appointee. This section is not a

waiver, limitation, or modification of any immunity or other defenses of the state or any

of its employees, nor does it create any causes of action against the state or any of its

employees.

7. For any claim brought under this chapter, a state employee may choose to hire the

employee's own separate defense counsel to represent the state employee in the

litigation. If the state employee chooses to hire separate defense counsel,

subsections 4 and 6 do not apply to the state employee in that litigation and the state

will not indemnify, save harmless, or defend the state employee nor pay for the state

employee's defense or any judgment against the state employee.
N.D. Cent. Code § 32-16-22 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-22
32-16-22. Distribution by referee
Status: in_force

32-16-22. Distribution by referee

The proceeds of sale and the securities taken by the referees, or any part thereof, must be

distributed by them to the persons entitled thereto, whenever the court so directs. In case no

direction is given, all of such proceeds and securities must be paid into court, or deposited

therein, or as directed by the court.
N.D. Cent. Code § 32-09.1-18 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-18
32-09.1-18. Discharge from employment for garnishment or execution prohibited
Status: in_force

32-09.1-18. Discharge from employment for garnishment or execution prohibited

No employer may discharge any employee by reason of the fact that earnings have been

subjected to garnishment or execution. If an employer discharges an employee in violation of

this section, the employee may within ninety days of discharge bring a civil action for recovery of

twice the wages lost as a result of the violation and for an order requiring reinstatement.
N.D. Cent. Code § 32-30-05 — ND Code / Title 32 / Chapter 32-30 / Section 32-30-05
32-30-05. Answer
Status: in_force

32-30-05. Answer

Upon such summons the party summoned may answer within the time specified therein,

denying the judgment or setting up any defense which may have arisen subsequently, and that

party may make the same defense which the party originally might have made to the action,

except the statute of limitations.
N.D. Cent. Code § 32-13-10 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-10
32-13-10. Joinder of several claimants
Status: in_force

32-13-10. Joinder of several claimants

When several persons claim to be entitled to the same office or franchise, one action may

be brought against all such persons, in order to try their respective rights to such office or

franchise.
N.D. Cent. Code § 32-03.2-03 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-03
32-03.2-03. Pure comparative fault - Product liability actions
Status: repealed

32-03.2-03. Pure comparative fault - Product liability actions

Repealed by S.L. 1993, ch. 324, § 5.
N.D. Cent. Code § 32-12.1-15 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-15
32-12.1-15. State agencies authorized to purchase insurance and participate in government self-insurance pools - Approval by insurance commissioner
Status: repealed

32-12.1-15. State agencies authorized to purchase insurance and participate in

government self-insurance pools - Approval by insurance commissioner.

Repealed by S.L. 1995, ch. 329, § 14.
N.D. Cent. Code § 32-04-13 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-13
32-04-13. When specific performance cannot be enforced against one
Status: in_force

32-04-13. When specific performance cannot be enforced against one

Specific performance cannot be enforced against a party to a contract in any of the

following cases:

1. If the party has not received an adequate consideration for the contract.

2. If it is not as to that party just and reasonable.

3. If such party's assent was obtained by misrepresentation, concealment, circumvention,

or unfair practice of any party to whom performance would become due under the

contract, or by any promise of such party which has not been substantially fulfilled.

4. If the party's assent was given under the influence of mistake, misapprehension, or

surprise, except that when the contract provides for compensation in case of mistake,

a mistake within the scope of such provision may be compensated for and the contract

specifically enforced in other respects, if proper to be so enforced.
N.D. Cent. Code § 32-12.1-06 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-06
32-12.1-06. Statement to commissioner
Status: repealed

32-12.1-06. Statement to commissioner

Repealed by S.L. 1987, ch. 407, § 2.
N.D. Cent. Code § 32-30-03 — ND Code / Title 32 / Chapter 32-30 / Section 32-30-03
32-30-03. Requisites of summons
Status: in_force

32-30-03. Requisites of summons

The summons provided in section 32-30-02 must be subscribed by the judgment creditor or

the creditor's attorney, must describe the judgment and require the person summoned to show

cause within twenty days after the service of the summons, and must be served in like manner

as the original summons. It is not necessary to file a new complaint.
N.D. Cent. Code § 32-03.1-04 — ND Code / Title 32 / Chapter 32-03.1 / Section 32-03.1-04
32-03.1-04. Fees or reimbursement for aid
Status: in_force

32-03.1-04. Fees or reimbursement for aid

Nothing in this chapter may be construed to deprive any physician or surgeon licensed in

this state of the right to collect reasonable fees for any acts of aid, assistance, or treatment or

any other person rendering aid or assistance under this chapter, or those whose property is

necessarily damaged in the course of such aid or assistance under this chapter, of the right to

reimbursement, from the injured or ill person or that person's estate for any expenses or

damages which appeared reasonable and necessary to incur under the circumstances. Any

person rendering aid or assistance with an expectation of remuneration shall not be covered by

the provisions of this chapter.
N.D. Cent. Code § 32-03.2-01 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-01
32-03.2-01. Definition
Status: in_force

32-03.2-01. Definition

As used in this chapter:

1. "Fault" includes acts or omissions that are in any measure negligent or reckless toward

the person or property of the actor or others, or that subject a person to tort liability or

dram shop liability. The term also includes strict liability for product defect, breach of

warranty, negligence or assumption of risk, misuse of a product for which the

defendant otherwise would be liable, and failure to exercise reasonable care to avoid

an injury or to mitigate damages. Legal requirements of causal relation apply both to

fault as the basis for liability and to contributory fault.

2. "Malice" means:

a. A direct intention to injure another; or

b. A reckless disregard of the rights of another and any consequences.
N.D. Cent. Code § 32-12-02 — ND Code / Title 32 / Chapter 32-12 / Section 32-12-02
32-12-02. Action against state - When authorized - Where brought - Undertaking for costs
Status: in_force

32-12-02. Action against state - When authorized - Where brought - Undertaking for

costs.

An action respecting the title to property, or arising upon contract, may be brought in the

district court against the state the same as against a private person. Such actions shall be

brought in the county in which the property is situated, or the county in which the plaintiff

resides. The plaintiff at the time of commencing such action shall file an undertaking with

sufficient surety to be approved by the clerk of court to the effect that the plaintiff will pay any

judgment for costs that may be rendered against the plaintiff.
N.D. Cent. Code § 32-16-15 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-15
32-16-15. Judgment on report - Effect
Status: in_force

32-16-15. Judgment on report - Effect

The court may confirm, change, modify, or set aside the report of the referees and, if

necessary, may appoint new referees. Upon the confirmation of the report, judgment must be

rendered that such partition be effectual forever, and such judgment shall be binding and

conclusive:

1. On all persons named as parties to the action and their legal representatives, who at

the time have any interest in the property divided, or any part thereof, as owners in

fee, or as tenants for life, or for years, or as entitled to the reversion, remainder, or the

inheritance of such property, or any part thereof, after the determination of a particular

estate therein, and who by any contingency may be entitled to a beneficial interest in

the property, or who have an interest in any undivided share thereof as tenants for

years or for life.

2. On all persons interested in the property, who may be unknown, to whom notice has

been given in the action for partition by publication.

3. On all other persons claiming from such parties or persons, or either of them.

No judgment is invalidated by reason of the death of any party before final judgment or decree,

but such judgment or decree is as conclusive against the heirs, legal representatives, or assigns

of such decedent as if it had been entered before the decedent's death.
N.D. Cent. Code § 32-10.1-17 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-17
32-10.1-17. Defenses and immunities of receiver
Status: in_force

32-10.1-17. Defenses and immunities of receiver

1. A receiver is entitled to all defenses and immunities provided by any other provision of

law for an act or omission within the scope of the receiver's appointment.

2. A receiver may be sued personally for an act or omission in administering receivership

property only with approval of the court that appointed the receiver.
N.D. Cent. Code § 32-08.1-17 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-17
32-08.1-17. Answer to writ - Trial
Status: in_force

32-08.1-17. Answer to writ - Trial

Within ten days after notice of the issuing of a writ of attachment against the defendant's

property, the defendant may, by special answer, deny the existence, at the time of the making of

the attachment affidavit, of the material facts stated in the affidavit and may assert undue

hardship as a defense. The court shall try the issue so raised before the trial of the action, but in

no event later than fourteen days after the writ of attachment is issued. The plaintiff has the

burden of proving the conditions for issuance of the prehearing writ of attachment as described

in section 32-08.1-02.1. If the defendant has made an assignment for the benefit of the

defendant's creditors, the defendant's assignee may answer and defend pursuant to this

section.
N.D. Cent. Code § 32-15-13 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-13
32-15-13. Jury may be demanded
Status: in_force

32-15-13. Jury may be demanded

Whenever in an action brought under the provisions of this chapter an issue is formed

whereby it appears that the attendance of a jury will be necessary to assess the damages in

such action, the plaintiff therein may apply to the judge of the district court where the same is

pending for an order requiring a jury to be summoned to assess the damages in such action.

Thereupon the judge shall issue an order to the clerk of said court requiring a jury to be

summoned, and in such order shall specify the number of jurors to be drawn, the place where

they are to appear, and the time when they shall come, which shall be not less than eight days

nor more than thirty days from the date thereof.
N.D. Cent. Code § 32-43-01 — ND Code / Title 32 / Chapter 32-43 / Section 32-43-01
32-43-01. Definitions
Status: in_force

32-43-01. Definitions

In this chapter:

1. "Defamatory" means tending to harm reputation.

2. "Economic loss" means special, pecuniary loss caused by a false and defamatory

publication.

3. "Person" includes any legal or commercial entity. The term does not include a

government or governmental subdivision, agency, or instrumentality.
N.D. Cent. Code § 32-12.2-05 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-05
32-12.2-05. Arbitration of claims
Status: in_force

32-12.2-05. Arbitration of claims

The director of the office of management and budget, in consultation with the head of the

state entity involved and the attorney general, may agree to submit a claim covered by the state

risk management fund to mediation or binding arbitration. If a claim is submitted to arbitration,

the arbitrator must apply the limitations on liability imposed under this chapter in deciding the

claim.
N.D. Cent. Code § 32-23-09 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-09
32-23-09. Trial of issue of fact
Status: in_force

32-23-09. Trial of issue of fact

When a proceeding under this chapter involves the determination of an issue of fact, such

issue may be tried and determined in the same manner as issues of fact are tried and

determined in other civil actions in the court in which the proceeding is pending.
N.D. Cent. Code § 32-09.1-12 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-12
32-09.1-12. Oral disclosure - Supplemental complaint
Status: in_force

32-09.1-12. Oral disclosure - Supplemental complaint

Either before or after written disclosure, any party to the garnishment proceedings may

obtain an ex parte order requiring oral disclosure. The order may be obtained upon affidavit

showing, upon information and belief, facts justifying the order, and the court shall require the

garnishee to appear for oral examination before the court. If the garnishee holds the garnished

property by a title that is void as to the defendant's creditors, the garnishee may be charged for

the property although the defendant could not have maintained an action against the garnishee

for it; but in this, and in all other cases in which the garnishee denies liability, the plaintiff may

move the court at any time before the garnishee is discharged, on notice to both the defendant

and the garnishee, for leave to file a supplemental complaint making the garnishee a party to

the action, and setting forth the facts upon which the plaintiff claims to charge the garnishee. If

probable cause is shown, the motion shall be granted. The supplemental complaint must be

served upon both defendant and garnishee, either or both of whom may answer, and the plaintiff

may reply. The issues must be brought to trial and tried as in other actions.
N.D. Cent. Code § 32-20-06 — ND Code / Title 32 / Chapter 32-20 / Section 32-20-06
32-20-06. Certain provisions relating to attachments applicable
Status: in_force

32-20-06. Certain provisions relating to attachments applicable

The provisions of the chapter on attachment in this title relative to rebonding, the sale of

perishable property, and proceedings in case judgment is in favor of the defendant shall apply to

proceedings under this chapter so far as the same are applicable.
N.D. Cent. Code § 32-15-08 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-08
32-15-08. Form of summons - When served
Status: repealed

32-15-08. Form of summons - When served

Repealed by omission from this code.
N.D. Cent. Code § 32-18-03 — ND Code / Title 32 / Chapter 32-18 / Section 32-18-03
32-18-03. Notice of default - How served
Status: in_force

32-18-03. Notice of default - How served

Notice of cancellation shall be served upon the vendee or purchaser, or the vendee's or

purchaser's assigns, in the manner provided for the service of a summons in the district court of

this state, if the person to be served resides within the state. If such vendee or purchaser, or

such vendee's or purchaser's assigns, as the case may be, resides without the state or cannot

be found therein, of which fact the return of the sheriff of the county in which said real estate is

situated that such person cannot be found in the sheriff's county shall be prima facie evidence,

then such notice shall be served by the publication thereof in a legal newspaper within said

county, or, if there is no legal newspaper within said county, then in a newspaper published in an

adjoining county and having a general circulation in the county, once each week for three

successive weeks.
N.D. Cent. Code § 32-16-49 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-49
32-16-49. Buyouts
Status: in_force

32-16-49. Buyouts

Notwithstanding any other provision of law, if the court determines property subject to a

partition action under section 32-16-01 is held by two or more cotenants in which one or more

cotenants have an estate of inheritance, and a sale of the property is requested by one or more

cotenant or is required to avoid an inequitable partition, the court shall appoint a referee to

obtain an appraisal to determine the fair market value of the property. Upon the determination of

the fair market value of the property, the court shall notify all parties to the partition action of the

determination and amount of the appraisal. Upon receipt of the appraisal, a cotenant may

purchase all interests of cotenants requesting a sale of the property, at the appraised fair market

value of the selling cotenant's fractional interest in the property. If more than one cotenant offers

to purchase the interests of the cotenants requesting a sale of the property, the court shall

equitably allocate the interests among the purchasing cotenants.
N.D. Cent. Code § 32-10.1-23 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-23
32-10.1-23. Receivership in another state - Ancillary proceeding
Status: in_force

32-10.1-23. Receivership in another state - Ancillary proceeding

1. The court may appoint a receiver appointed in another state, or that person's nominee,

as an ancillary receiver with respect to property located in this state or subject to the

jurisdiction of the court for which a receiver could be appointed under this chapter, if:

a. The person or nominee would be eligible to serve as receiver under section

32-10.1-06; and

b. The appointment furthers the person's possession, custody, control, or disposition

of property subject to the receivership in the other state.

2. The court may issue an order that gives effect to an order entered in another state

appointing or directing a receiver.

3. Unless the court orders otherwise, an ancillary receiver appointed under subsection 1

has the rights, powers, and duties of a receiver appointed under this chapter.
N.D. Cent. Code § 32-03-29 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-29
32-03-29. Damages for forcible exclusion from realty
Status: in_force

32-03-29. Damages for forcible exclusion from realty

For forcibly ejecting or excluding a person from the possession of real property, the

measure of damages is three times such a sum as would compensate for the detriment caused

to the person by the act complained of.
N.D. Cent. Code § 32-46.2-02 — ND Code / Title 32 / Chapter 32-46.2 / Section 32-46.2-02
32-46.2-02. Sworn information form requirement for asbestos action
Status: in_force

32-46.2-02. Sworn information form requirement for asbestos action

1. In addition to any requirements for asbestos actions under chapter 32-46.1, a plaintiff

in an asbestos action shall file, within forty-five days after any complaint is filed in an

asbestos action, a sworn information form signed by the plaintiff and plaintiff's counsel

specifying the evidence that provides the basis for each claim against each defendant.

The sworn information form must include the following with specificity:

a. The name, address, date of birth, marital status, occupation, smoking history,

current and past worksites, and current and past employers of the exposed

individual, and any person through whom the exposed person was exposed to

asbestos;

b. Each individual through whom the exposed individual was exposed to asbestos

and the exposed individual's relationship to each individual;

c. Each asbestos-containing product to which the individual was exposed and each

physical location at which the exposed individual was exposed, or if the plaintiff

was exposed through another individual, to which that other individual was

exposed;

d. The specific location and manner of each exposure, including for any individual

through whom the exposed individual was exposed to asbestos;

e. The beginning and ending dates of each exposure, the frequency and length of

each exposure, and the proximity of the asbestos-containing product or its use to

the exposed person and any person through whom the exposed person was

exposed to asbestos;

f. The identity of the manufacturer or seller of the specific asbestos product for each

exposure;

g. The specific asbestos-related disease claimed to exist; and

h. Any supporting documentation relating to the information required under this

section.

2. The plaintiff has a continuing duty to supplement the information required to be

disclosed in subsection 1.

3. The court shall dismiss the asbestos action without prejudice as to any defendant

whose product or premises is not identified in the required disclosures in subsection 1.

4. The court shall dismiss the asbestos action without prejudice as to all defendants if the

plaintiff and plaintiff's counsel fail to comply with this section.
N.D. Cent. Code § 32-12.2-16 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-16
32-12.2-16. Ratifying contracts limiting liability to the state
Status: in_force

32-12.2-16. Ratifying contracts limiting liability to the state

Any employee or official of an agency who enters a contract requiring the agency to limit the

liability of the contracting party without first consulting with the office of management and budget

and the attorney general's office will be deemed to be acting within the scope of the employee's

or official's employment provided the contract is approved or ratified by the attorney general and

the director of the office of management and budget and otherwise meets the conditions

contained in section 32-12.2-15.
N.D. Cent. Code § 32-17-04 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-04
32-17-04. Complaint form - Description of property
Status: in_force

32-17-04. Complaint form - Description of property

In an action for the determination of adverse claims, the property must be described in the

complaint with such certainty as to enable an officer upon execution to identify it. In other

respects the complaint, exclusive of the venue, title, subscription, and verification, may be

substantially in the following form, the blanks being properly filled:

The plaintiff for claim for relief shows to the court that the plaintiff has an estate or

interest in, or a lien or encumbrance upon, as the case may be, the following described real

property, situated in the above-named county and state, to wit:

_________________________________________________________________

That the defendants claim certain estates or interests in, or liens or encumbrances

upon, the same, as the case may be, adverse to the plaintiff. (Here allege the facts

concerning use and occupation and value thereof, and any property wasted or removed

and the value thereof, if pertinent. Where the state is named as a party defendant, the

complaint must state the interest the state or its agencies or departments might have in the

property; or in the alternative state that the complainant is not aware of any specific interest

that the state might have in the property.)

Wherefore, the plaintiff prays:

1. That the defendants be required to set forth all their adverse claims to the property

above described, and that the validity, superiority, and priority thereof be determined.

2. That the same be adjudged null and void, and that they be decreed to have no estate

or interest in, or lien or encumbrance upon, said property.

3. That this title be quieted as to such claim, and that defendants be forever debarred

and enjoined from further asserting the same.

4. That the plaintiff recover possession of the premises described, if possession is

desired.

5. That the plaintiff recover ___________________ dollars as the value of the use and

occupation and value of property wasted and removed therefrom.

6. That the plaintiff have such other general relief as may be just, together with costs and

disbursements.
N.D. Cent. Code § 32-40-05 — ND Code / Title 32 / Chapter 32-40 / Section 32-40-05
32-40-05. Enforcement powers of attorney general
Status: in_force

32-40-05. Enforcement powers of attorney general

The attorney general shall have the authority to enforce, in the same manner as state's

attorneys, any state environmental statute, rule, or regulation.
N.D. Cent. Code § 32-03-35 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-35
32-03-35. Damages prescribed by this chapter exclude exemplary damages
Status: in_force

32-03-35. Damages prescribed by this chapter exclude exemplary damages

The damages prescribed by this chapter are exclusive of exemplary damages and interest

except when those are mentioned expressly.
N.D. Cent. Code § 32-41-08 — ND Code / Title 32 / Chapter 32-41 / Section 32-41-08
32-41-08. Conversions of foreign money in distribution proceeding
Status: in_force

32-41-08. Conversions of foreign money in distribution proceeding

The rate of exchange prevailing at or near the close of business on the day the distribution

proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A

foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign

money and show the amount of United States dollars resulting from a conversion as of the date

the proceeding was initiated.
N.D. Cent. Code § 32-19-01 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-01
32-19-01. Action to foreclose mortgage on real estate authorized
Status: in_force

32-19-01. Action to foreclose mortgage on real estate authorized

The plaintiff shall bring an action in district court for the foreclosure of a mortgage upon real

property.
N.D. Cent. Code § 32-01-03 — ND Code / Title 32 / Chapter 32-01 / Section 32-01-03
32-01-03. Actions - Classification
Status: in_force

32-01-03. Actions - Classification

Actions are of two kinds:

1. Civil.

2. Criminal.
N.D. Cent. Code § 32-04-23 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-23
32-04-23. Compensation may be required
Status: in_force

32-04-23. Compensation may be required

On adjudging the rescission of a contract, the court may require the party to whom such

relief is granted to make any compensation to the other which justice may require.
N.D. Cent. Code § 32-25-02 — ND Code / Title 32 / Chapter 32-25 / Section 32-25-02
32-25-02. Consolidation of action
Status: in_force

32-25-02. Consolidation of action

In case two or more persons shall have brought separate actions against the same

defendant to recover the value or possession of different amounts of such common mass, the

court in which such actions are pending, in its discretion, may consolidate such actions and

dispose of them as justice and equity shall require.
N.D. Cent. Code § 32-22-42 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-42
32-22-42. Recovery of penalties no bar to civil action
Status: in_force

32-22-42. Recovery of penalties no bar to civil action

The recovery of the penalties prescribed by this chapter shall be no bar to a civil suit for

damages.
N.D. Cent. Code § 32-40.1-04 — ND Code / Title 32 / Chapter 32-40.1 / Section 32-40.1-04
32-40.1-04. Applicability to civil actions
Status: in_force

32-40.1-04. Applicability to civil actions

This chapter applies to civil actions filed on or after August 1, 1993.
N.D. Cent. Code § 32-09.1-03 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-03
32-09.1-03. Restriction on garnishment of earnings
Status: in_force

32-09.1-03. Restriction on garnishment of earnings

1. The maximum part of the aggregate disposable earnings of an individual for any

workweek which is subject to garnishment may not exceed the lesser of:

a. Twenty-five percent of disposable earnings for that week.

b. The amount by which disposable earnings for that week exceed forty times the

federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor

Standards Act of 1938, as amended [Pub. L. 95-151; 91 Stat. 1245; 29 U.S.C.

206] or any equivalent multiple thereof prescribed by regulation by the secretary

of labor in case of earnings for any pay period other than a week, in effect at the

time the earnings are payable.

2. The maximum amount subject to garnishment under subsection 1 for any workweek

must be reduced by twenty dollars for each dependent family member residing with

the garnishment debtor. Within ten days after receipt of the garnishment summons, the

garnishment debtor shall provide to the employer a list, signed under penalty of perjury

by the garnishment debtor, of the names and social security numbers, if any, of the

dependents who reside with the garnishment debtor. If the garnishment debtor fails to

provide the list, it is presumed that the garnishment debtor claims no dependents, but

the garnishment debtor may provide the list at a later date, in which case the

exemptions claimed will be in effect for amounts subject to garnishment after the date

the list is provided.

3. The restrictions of subsection 1 do not apply in the case of:

a. Any order of any court for the support of any person.

b. Any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act.

c. Any debt due for any state or federal tax.

4. The maximum part of the aggregate disposable earnings of an individual for any

workweek which is subject to garnishment to enforce any order for the support of any

person may not exceed:

a. If such individual is supporting a spouse or dependent child other than a spouse

or child with respect to whose support such order is used, fifty percent of the

individual's disposable earnings for that week; and

b. If such individual is not supporting a spouse or dependent child other than a

spouse or child with respect to whose support such order is used, sixty percent of

the individual's disposable earnings for that week;

except that, with respect to the disposable earnings of any individual for any

workweek, the fifty percent specified in subdivision a must be deemed to be fifty-five

percent and the sixty percent specified in subdivision b must be deemed to be

sixty-five percent, if and to the extent that the earnings are subject to garnishment to

enforce a support order with respect to a period which is prior to the twelve-week

period which ends with the beginning of such workweek.

5. No court of this state may make, execute, or enforce any order or process in violation

of this section.
N.D. Cent. Code § 32-19-20 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-20
32-19-20. Notice before foreclosure
Status: in_force

32-19-20. Notice before foreclosure

At least thirty days and not more than ninety days before the commencement of any action

or proceeding for the foreclosure of a mortgage on real estate, a written notice shall be served

on the title owner of record of the real estate.
N.D. Cent. Code § 32-25-05 — ND Code / Title 32 / Chapter 32-25 / Section 32-25-05
32-25-05. Method of proof of value of grain not exclusive
Status: in_force

32-25-05. Method of proof of value of grain not exclusive

The methods of proof herein provided for shall not be exclusive but cumulative, and shall be

taken and received together with any other competent evidence tending to establish the value in

question.
N.D. Cent. Code § 32-22-10 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-10
32-22-10. Penalty if officer refuses to execute and return writ
Status: in_force

32-22-10. Penalty if officer refuses to execute and return writ

If the person to whom the writ is directed refuses, after service, to obey the same, the court,

upon affidavit stating such facts, must issue an attachment against such person, directed to the

sheriff or coroner, commanding the sheriff or coroner forthwith to arrest such person and bring

such person immediately before such court, and upon being so brought that person must be

committed to the jail of the county until that person makes due return to such writ or is otherwise

legally discharged. The person disobeying such writ also shall forfeit to the person imprisoned

or restrained a sum not exceeding five hundred dollars to be recovered in a civil action by the

person restrained. If the person disobeying the writ is an officer, that officer shall be incapable of

holding or executing that office.
N.D. Cent. Code § 32-19-18.1 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-18.1
32-19-18.1. Payment to redeem
Status: in_force

32-19-18.1. Payment to redeem

A person redeeming from a sheriff's sale may pay the required amount either to the holder

of the certificate or to the sheriff. If there is a dispute as to the amount required to redeem, the

person attempting to redeem shall deposit with the sheriff the amount the person calculates to

be due and a written description of the basis for the calculation. The deposit has the effect of a

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

amount determined to be due as of that date.
N.D. Cent. Code § 32-19.2-05 — ND Code / Title 32 / Chapter 32-19.2 / Section 32-19.2-05
32-19.2-05. Applicability
Status: in_force

32-19.2-05. Applicability

This chapter does not apply to a commercial real estate receivership under chapter 32-10.1.
N.D. Cent. Code § 32-10.1-14 — ND Code / Title 32 / Chapter 32-10.1 / Section 32-10.1-14
32-10.1-14. Engagement and compensation of professional
Status: in_force

32-10.1-14. Engagement and compensation of professional

1. With court approval, a receiver may engage an attorney, accountant, appraiser,

auctioneer, broker, or other professional to assist the receiver in performing a duty or

exercising a power of the receiver. The receiver shall disclose to the court:

a. The identity and qualifications of the professional;

b. The scope and nature of the proposed engagement;

c. Any potential conflict of interest; and

d. The proposed compensation.

2. A person is not disqualified from engagement under this section because of the

person's engagement by, representation of, or other relationship with the receiver, a

creditor, or a party. This chapter does not prevent the receiver from serving in the

receivership as an attorney, accountant, auctioneer, or broker when authorized by law.

3. A receiver or professional engaged under subsection 1 shall file with the court an

itemized statement of the time spent, work performed, and billing rate of each person

that performed the work and an itemized list of expenses. The receiver shall pay the

amount approved by the court.
N.D. Cent. Code § 32-48-07 — ND Code / Title 32 / Chapter 32-48 / Section 32-48-07
32-48-07. Construction
Status: in_force

32-48-07. Construction

This chapter may not be construed to:

1. Create, recognize, or ratify a liability claim or cause of action.

2. Eliminate or satisfy a required element of a liability claim or cause of action.

3. Amend, repeal, affect, or supersede any other immunity protection that may apply

under state or federal law.
N.D. Cent. Code § 32-44-03 — ND Code / Title 32 / Chapter 32-44 / Section 32-44-03
32-44-03. Persons entitled to claim for relief
Status: in_force

32-44-03. Persons entitled to claim for relief

In addition to the provisions of section 32-44-02, if a false and defamatory statement is

disseminated referring to an entire group or class of agricultural producers or products, a cause

of action arises in favor of each producer of the group or class and any association representing

an agricultural producer, regardless of the size of the group or class. Each cause of action by a

producer or an association representing an agricultural producer in such case is limited to the

actual damages of the producer, injunctive relief, and exemplary damages.
N.D. Cent. Code § 32-29.4-16 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-16
32-29.4-16. Correction by arbitrator of unconfirmed award
Status: in_force

32-29.4-16. Correction by arbitrator of unconfirmed award

On motion of a party made not later than thirty days after an arbitrator gives notice under

subsection 1 of section 32-29.4-14 of an award, the arbitrator may correct the award:

1. If the award has an evident mathematical miscalculation or an evident mistake in the

description of a person, thing, or property;

2. If the award is imperfect in a matter of form not affecting the merits on the issues

submitted; or

3. To clarify the award.
N.D. Cent. Code § 32-02-01 — ND Code / Title 32 / Chapter 32-02 / Section 32-02-01
32-02-01. Qualifications of sureties - Personal
Status: in_force

32-02-01. Qualifications of sureties - Personal

Any person to be qualified to become surety on any bond or undertaking required in any

court must be a resident and a householder or a freeholder in the state, and an affidavit to that

effect must be annexed to the bond or undertaking. Such affidavit also shall state an amount

each surety is worth above the surety's liabilities and exemptions, and the total worth of such

sureties must be double the sum named in the bond or undertaking.
N.D. Cent. Code § 32-22-01 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-01
32-22-01. Persons restrained may prosecute the writ
Status: in_force

32-22-01. Persons restrained may prosecute the writ

Every person imprisoned or restrained of the person's liberty under any pretense whatever

may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or

restraint and thereby, except in the cases specified in section 32-22-02, obtain relief from such

imprisonment or restraint if it is unlawful.
N.D. Cent. Code § 32-22-31 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-31
32-22-31. Return to warrant - Procedure
Status: in_force

32-22-31. Return to warrant - Procedure

The person alleged to have such party under illegal confinement or restraint may make

return to such warrant, as in case of a writ of habeas corpus, and the same may be denied, and

like allegations, proofs, and trial thereupon may be had as upon a return to a writ of habeas

corpus.
N.D. Cent. Code § 32-16-21 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-21
32-16-21. Lienor having other security
Status: in_force

32-16-21. Lienor having other security

Whenever any party to an action who holds a lien upon the property, or any part thereof,

has other security for the payment of the amount of such lien, the court in its discretion may

order such security to be exhausted before distribution of the proceeds of sale, or may order a

just deduction to be made from the amount of the lien on the property on account thereof.
N.D. Cent. Code § 32-08.1-02.1 — ND Code / Title 32 / Chapter 32-08.1 / Section 32-08.1-02.1
32-08.1-02.1. Prehearing attachment - Issuance of order - Notice of hearing
Status: in_force

32-08.1-02.1. Prehearing attachment - Issuance of order - Notice of hearing

A writ of attachment may be issued on the plaintiff's request and prior to the hearing

required under section 32-08.1-02 if the plaintiff's request is accompanied by an affidavit stating

the basis and amount of claim against the defendant and describing facts that constitute

grounds for attachment under subdivision a, b, c, or d of subsection 1 of section 32-08.1-03.

The court may issue the writ prior to the hearing required under section 32-08.1-02 only if the

plaintiff demonstrates the probability of success on the merits, the existence of one or more of

the grounds specified in subdivision a, b, c, or d of subsection 1 of section 32-08.1-03, and that,

due to extraordinary circumstances, the plaintiff's interests cannot be protected by an

appropriate order of the court, other than by directing the prehearing attachment of property.

The defendant must be served immediately after the attachment is completed with a copy of the

plaintiff's request for the writ, a copy of the affidavit and all other documents offered in support of

the request, and a notice of the availability of a hearing under section 32-08.1-17.
N.D. Cent. Code § 32-03-47 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-47
32-03-47. Definitions - Voluntary engineering services - Immunity
Status: in_force

32-03-47. Definitions - Voluntary engineering services - Immunity

1. As used in this section:

a. "Architect" means a person registered under chapter 43-03 as an architect.

b. "Building inspection official" means any appointed or elected federal, state, or

local official with overall executive responsibility to coordinate building inspection

in the jurisdiction in which the emergency or event has occurred.

c. "Law enforcement official" means any appointed or elected federal, state, or local

official with overall executive responsibility to coordinate law enforcement in the

jurisdiction in which the emergency or event has occurred.

d. "Professional engineer" means a person licensed under chapter 43-19.1 as a

professional engineer.

e. "Public official" means any federal, state, or locally elected official with overall

executive responsibility in the jurisdiction in which the emergency or event has

occurred.

f. "Public safety official" means any appointed or elected federal, state, or local

official with overall executive responsibility to coordinate public safety in the

jurisdiction in which the emergency or event has occurred.

2. An architect or a professional engineer who voluntarily, without compensation,

provides architectural or structural, electrical, mechanical, or other engineering

services at the scene of a declared national, state, or local emergency caused by a

major earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster

or catastrophic event at the request of a national, state, or local public official, law

enforcement official, public safety official, or building inspection official acting in an

official capacity, is not liable for any personal injury, wrongful death, property damage,

or other loss caused by the architect's or professional engineer's acts, errors, or

omissions in the performance of any engineering services for any structure, building,

piping, or other engineered system, either publicly or privately owned.

3. The immunity provided in this section applies only to a voluntary engineering service

that occurs within ninety days of the emergency, disaster, or catastrophic event, unless

extended by the governor under chapter 37-17.1.

4. Nothing in this section provides immunity for wanton, willful, or intentional misconduct.
N.D. Cent. Code § 32-18-04 — ND Code / Title 32 / Chapter 32-18 / Section 32-18-04
32-18-04. Time allowed to correct default
Status: in_force

32-18-04. Time allowed to correct default

The vendee or purchaser, or the vendee's or purchaser's assigns, shall have the following

periods of time after the service of notice of cancellation upon such party in which to perform the

conditions or comply with the provisions upon which the default shall have occurred:

1. If the amount claimed due under such instrument at the date of notice is more than

sixty-six and two-thirds percent of the original indebtedness, the time allowed to

correct the default shall be six months.

2. In any other case, the time for correction shall be one year.

Upon such performance and upon making such payments, together with the cost of service of

such notice, such contract or other instrument shall be reinstated and shall remain in full force

and effect as if no default had occurred therein. If, however, such vendee or purchaser, or such

vendee's or purchaser's assigns, shall not complete such performance or make such payment

within the time periods provided by this section, the contract shall be terminated and shall not be

reinstated by any subsequent offer of performance, or tender of payment. No provisions in any

contract for the purchase of land or an interest in land shall be construed to obviate the

necessity of giving the aforesaid notice and no contract shall terminate unless such notice is

given, any provision in such contract to the contrary notwithstanding, but the notice herein

required shall not be deemed necessary if the contract in question is sought to be terminated by

an action at law or in equity brought for that purpose upon failure to perform. This section shall

apply to all instruments for a future conveyance of real estate or an equity therein which are

executed on or after July 1, 1971. The time allowed to correct the default shall not be less than

one year except in contracts involving an area not to exceed three acres.
N.D. Cent. Code § 32-03.2-10 — ND Code / Title 32 / Chapter 32-03.2 / Section 32-03.2-10
32-03.2-10. Nondisclosure of reduction for collateral source payments
Status: in_force

32-03.2-10. Nondisclosure of reduction for collateral source payments

The jury may not be informed of the potential for the reduction of economic damages

because of payments from collateral sources.
N.D. Cent. Code § 32-06-09 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-09
32-06-09. Application to vacate - When injunction granted without notice
Status: in_force

32-06-09. Application to vacate - When injunction granted without notice

Superseded by N.D.R.Civ.P., Rule 65.
N.D. Cent. Code § 32-04-10 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-10
32-04-10. Specific performance compelled though contract signed only by one
Status: in_force

32-04-10. Specific performance compelled though contract signed only by one

A party who has signed a written contract may be compelled specifically to perform it,

though the other party has not signed it, if the latter has performed or offers to perform it on the

latter's part and the case is proper otherwise for enforcing specific performance.
N.D. Cent. Code § 32-28-02 — ND Code / Title 32 / Chapter 32-28 / Section 32-28-02
32-28-02. Change of name of person - Petition - Criminal history record checks - Exceptions
Status: in_force

32-28-02. Change of name of person - Petition - Criminal history record checks -

Exceptions.

1. Any person desiring to change that person's name may file a petition in the district

court of the county in which the person is a resident, setting forth:

a. That the petitioner is a citizen or permanent resident alien of the United States.

b. That the petitioner has been a bona fide resident of the county for at least six

months before the filing of the petition.

c. The reason for which the change of the petitioner's name is sought.

d. The name requested.

2. When an individual files a petition for a name change, the court shall determine

whether the petitioner has a criminal history in this state or any other state. The court

may require the petitioner to submit to a statewide and nationwide criminal history

record check. The criminal history record check must be conducted in the manner

provided for in section 12-60-24. All costs associated with the criminal history record

check are the responsibility of the petitioner. This subsection does not apply to a

request for a name change as part of an application for a marriage license under

section 14-03-20, to a request for a name change in conjunction with the annulment of

a marriage under chapter 14-04 or the dissolution or separation of a marriage under

chapter 14-05, or to the change of a minor's name unless the court has reason to

believe the request is being made to defraud or mislead, is not being made in good

faith, will cause injury to an individual, or will compromise public safety. If the individual

petitioning for a name change has a felony conviction under a law of this state or a law

of another state or the federal government, the request is presumed to be made in bad

faith, to defraud or mislead, to cause injury to an individual, or to compromise public

safety. The name change may not be granted unless the individual requesting the

name change proves by clear and convincing evidence that the request is not based

upon an intent to defraud or mislead, is made in good faith, will not cause injury to an

individual, and will not compromise public safety.

3. The judge of the district court, upon being duly satisfied by affidavit or proof in open

court of the truth of the allegations set forth in the petition, that there exists proper and

reasonable cause for changing the name of the petitioner, and that thirty days'

previous notice of the intended application has been given in the official newspaper of

the county in which the petitioner resides, shall order a change of the name of the

petitioner. Proper and reasonable cause does not exist if the court determines that the

request for a name change is made to defraud or mislead, is not made in good faith,

will cause injury to an individual, or will compromise public safety. The court may waive

publication of the notice when the proposed change relates only to a first or given

name as distinguished from a surname or upon evidence satisfactory to the court that

the petitioner has been the victim of domestic violence as defined in section

14-07.1-01.

4. If the person whose name is to be changed is a minor, the court shall consider the

appointment of a guardian ad litem, and notice of the intended application must be

published in the official newspaper of the county in which the minor resides and, if

different, the official newspaper of the county in which each of the minor's parents

reside. If the minor has a noncustodial parent, a copy of the notice must be deposited

in a post office in this state, postage prepaid, not later than ten days after the

publication of the notice, and directed to the noncustodial parent's last reasonably

ascertained post-office address. An affidavit of mailing of the notice prepared in

accordance with the North Dakota Rules of Civil Procedure must be filed with the

court.

5. If the court issues a name change order for a petitioner who has a criminal history in

this or any other state, the court, within ten days after the issuance of the change of

name order, shall report the name change to the bureau of criminal investigation.

6. The provisions of this section may not delay the granting of a marriage license under

section 14-03-20, which may be granted without the change of name.
N.D. Cent. Code § 32-17-06 — ND Code / Title 32 / Chapter 32-17 / Section 32-17-06
32-17-06. Who joined as unknown persons
Status: in_force

32-17-06. Who joined as unknown persons

All persons having or claiming an estate or interest in, or lien or encumbrance upon, the

property described in the complaint, whether as heirs, devisees, legatees, or personal

representative of a deceased person, or under any other title or interest, and not in possession,

nor 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 is situated, to have such claim, title, or interest therein,

may be proceeded against as persons unknown, and any order, judgment, or decree entered in

the action shall be valid and binding on such unknown persons whether of age or minors, and

on those claiming under them.
N.D. Cent. Code § 32-03-28 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-28
32-03-28. Damages for tenant's willful holding over
Status: in_force

32-03-28. Damages for tenant's willful holding over

For willfully holding over real property by a tenant, after the end of the term and after notice

of intention to evict has been duly given and demand of possession made, the measure of

damages is double the yearly value of the property for the time of withholding, in addition to

compensation for the detriment occasioned thereby.
N.D. Cent. Code § 32-14-04 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-04
32-14-04. Complaint for forfeited goods
Status: in_force

32-14-04. Complaint for forfeited goods

In an action brought to recover goods or other things forfeited by the provisions of any

statute, it shall be sufficient to allege in the complaint that such goods or other things have been

forfeited, specifying the section and chapter containing such statute, with a demand of judgment

for the delivery of such goods or other things or the value thereof.
N.D. Cent. Code § 32-35-02 — ND Code / Title 32 / Chapter 32-35 / Section 32-35-02
32-35-02. By whom and when issued
Status: in_force

32-35-02. By whom and when issued

The writ of prohibition may be issued by the supreme and district courts to an inferior

tribunal, or to a corporation, board, or person in any case, if there is not a plain, speedy, and

adequate remedy in the ordinary course of law. It is issued upon affidavit on the application of

the person beneficially interested.
N.D. Cent. Code § 32-37-03 — ND Code / Title 32 / Chapter 32-37 / Section 32-37-03
32-37-03. Notice given by clerk of district court
Status: in_force

32-37-03. Notice given by clerk of 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 two successive weeks, the last publication to be at least ten

days before the time set for hearing. Proof of the publication 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 § 32-16-40 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-40
32-16-40. Clerk's duty
Status: in_force

32-16-40. Clerk's duty

The clerk of the district court in whose name a security is taken, or by whom an investment

is made, and the clerk's successor in office, must receive the interest and principal as it

becomes due and apply and invest the same as the court may direct, and must deposit with the

county treasurer all securities taken, and, in a book provided and kept for that purpose in the

clerk's office, must keep an account, free for inspection by all persons, of investments and

moneys received by the clerk thereon, and the disposition thereof.
N.D. Cent. Code § 32-19-06.1 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-06.1
32-19-06.1. Deficiency judgments on commercial real property
Status: in_force

32-19-06.1. Deficiency judgments on commercial real property

In an action involving the foreclosure of a mortgage on commercial real property, the plaintiff

shall state in the pleading whether a deficiency judgment will be sought and if sought shall

identify the parties claimed to be personally liable and demand a deficiency judgment against

those parties. Within twenty days after the completion of the appraisal, the appraiser shall

provide the plaintiff and file with the clerk of court a written report, including the fair market value

of the property. The plaintiff shall mail a copy of the appraisal to a party that may be personally

liable at the party's last-known residences or business addresses by first-class mail. At the time

of the entry of the judgment, the court shall include in its findings of fact the fair market value of

the property and the amount of any prior liens on the property. If the fair market value and the

amount of any prior liens are less than the amount found to be due to the plaintiff, the court shall

identify each person who is liable for any deficiency after the sheriff's sale. The foreclosure

judgment must be the balance then due and owing on the mortgage, plus costs. Upon entry of

an order confirming the sheriff's sale, the clerk of court shall note the amount bid at the sheriff's

sale, less the cost of the sheriff's sale as a credit on the foreclosure judgment, which credit may

not be less than the fair market value established by the court. Any amount actually paid in

excess of the foreclosure judgment constitutes surplus payable to the debtor pursuant to section
N.D. Cent. Code § 32-16-11 — ND Code / Title 32 / Chapter 32-16 / Section 32-16-11
32-16-11. Notice to appear before referee - Service - Report
Status: in_force

32-16-11. Notice to appear before referee - Service - Report

The plaintiff must cause a notice to be served a reasonable time previous to the day for

appearance before the referee, appointed as provided in section 32-16-10, on each person

having outstanding liens of record, who is not a party to the action, to appear before the referee

at a specified time and place to make proof, by such person's own affidavit or otherwise, of the

amount due or to become due contingently or absolutely thereon. In case such person is absent

or such person's residence is unknown, service may be made by publication or notice to such

person's agent under the direction of the court in such manner as may be proper. The report of

the referee thereupon must be made to the court and must be confirmed, modified, or set aside

and a new reference ordered as the justice of the case may require.
N.D. Cent. Code § 32-31-02 — ND Code / Title 32 / Chapter 32-31 / Section 32-31-02
32-31-02. Procedure in equity governs
Status: in_force

32-31-02. Procedure in equity governs

The ordinary procedure in an equity case shall apply to an action brought under the

provisions of this chapter. The court shall include in its decree such provision as will permit such

period of redemption from execution sale as may be necessary to give to those entitled to

redeem at least as long a period of redemption as they would have had if the foreclosure of tax

lien in question had been valid in all respects and tax deed thereunder had been applied for at

the earliest date permitted under statutes with reference to procuring tax deeds under tax lien

foreclosures. The remedy provided by this chapter shall be cumulative and in addition to all

other remedies and shall not be held to impair or detract from any other remedy provided by any

other statute or statutes.
N.D. Cent. Code § 32-29.4-18 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-18
32-29.4-18. Vacation or amendment by court of unconfirmed award
Status: in_force

32-29.4-18. Vacation or amendment by court of unconfirmed award

1. On motion of a party, the court shall vacate an unconfirmed award if the moving party

establishes that:

a. The award was procured by corruption, fraud, or other undue means;

b. There was:

(1) Evident partiality by the arbitrator;

(2) Corruption by the arbitrator; or

(3) Misconduct by the arbitrator substantially prejudicing the rights of a party;

c. The arbitrator refused to postpone a hearing on showing of sufficient cause for

postponement, refused to consider evidence material to the controversy, or

otherwise conducted the hearing contrary to section 32-29.4-12, so as to

prejudice substantially the rights of a party;

d. The arbitrator exceeded the arbitrator's powers;

e. No arbitration agreement exists, unless the moving party participated in the

arbitration without making a motion under section 32-29.4-06 not later than the

beginning of the first arbitration hearing; or

f. The arbitration was conducted without proper notice under section 32-29.4-05 of

the initiation of arbitration, so as to prejudice substantially the rights of a party.

2. A motion under this section to vacate or amend an award must be filed not later than

ninety days:

a. After an arbitrator gives the party filing the motion notice of the award or a

corrected award; or

b. For a motion under subdivision a of subsection 1, after the ground of corruption,

fraud, or other undue means is known or by the exercise of reasonable care

should have been known to the party filing the motion.

3. If the court under this section vacates an award for a reason other than the absence of

an enforceable arbitration agreement, the court may order a rehearing before an

arbitrator. If the reason for vacating the award is the award was procured by

corruption, fraud, or other undue means or there was evident partiality, corruption, or

misconduct by the arbitrator, the rehearing must be before another arbitrator.

4. If the court under this section denies a motion to vacate or amend an award, the court

may confirm the award under section 32-29.4-15 unless a motion is pending under

section 32-29.4-17.
N.D. Cent. Code § 32-26-01 — ND Code / Title 32 / Chapter 32-26 / Section 32-26-01
32-26-01. District court has supervision
Status: in_force

32-26-01. District court has supervision

When any person, partnership, corporation, or limited liability company in this state shall

make an assignment for the benefit of creditors, or a trust deed, or the whole or any substantial

part of the property of such person, partnership, corporation, or limited liability company, the

same shall be administered under the supervision of the district court.
N.D. Cent. Code § 32-03-27 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-27
32-03-27. Damages for tenant's failure to surrender premises
Status: in_force

32-03-27. Damages for tenant's failure to surrender premises

For the failure of a tenant to give up the premises held by the tenant, when the tenant has

given notice of intention to do so, the measure of damages is double the rent which the tenant

otherwise ought to pay.
N.D. Cent. Code § 32-19-35 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-35
32-19-35. Service by publication - When completed
Status: in_force

32-19-35. Service by publication - When completed

Service by publication is completed upon the expiration of thirty-six days after the first

publication of the summons, or in case of personal service of the summons and complaint upon

the defendant outside of the state, upon the expiration of fifteen days from such service.
N.D. Cent. Code § 32-34-13 — ND Code / Title 32 / Chapter 32-34 / Section 32-34-13
32-34-13. Disobedience - Punishment
Status: in_force

32-34-13. Disobedience - Punishment

When a peremptory mandamus has been issued and directed to any inferior tribunal,

corporation, board, or person, if it appears to the court that any member of such tribunal,

corporation, board, or such person upon whom the writ has been served personally has refused

or neglected to obey the same without just excuse, the court upon motion may impose a fine not

exceeding one thousand dollars. In case of persistence in a refusal of obedience, the court may

order the party to be imprisoned until the writ is obeyed and may make any orders necessary

and proper for the complete enforcement of the writ.
N.D. Cent. Code § 32-19-04 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-04
32-19-04. What complaint shall state
Status: in_force

32-19-04. What complaint shall state

In an action for the foreclosure of a mortgage, the complaint must state sufficient allegations

to identify the mortgage being foreclosed, to establish the applicable redemption period, and to

determine whether a deficiency judgment will be sought and against which parties.
N.D. Cent. Code § 32-22-13 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-13
32-22-13. When party need not be brought
Status: in_force

32-22-13. When party need not be brought

When from sickness or infirmity of the person directed to be produced such person cannot

be brought before the court without danger, the person in whose power or custody such person

is may state that fact in the return to the writ, verifying the same by affidavit. If the court is

satisfied of the truth of such return and the return to the writ is otherwise sufficient, the court

may proceed to decide on such return and to dispose of the matter as if such party had been

produced on the writ, or the hearing thereof may be adjourned until such party can be produced.
N.D. Cent. Code § 32-03-58 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-58
32-03-58. Distribution of intimate images without or against consent - Remedies
Status: repealed

32-03-58. Distribution of intimate images without or against consent - Remedies

Repealed by S.L. 2023, ch. 316, § 2.
N.D. Cent. Code § 32-04-02 — ND Code / Title 32 / Chapter 32-04 / Section 32-04-02
32-04-02. How specific relief given
Status: in_force

32-04-02. How specific relief given

Specific relief is given:

1. By taking possession of a thing and delivering it to a claimant;

2. By compelling a party to do that which ought to be done; or

3. By declaring and determining the rights of parties, otherwise than by an award of

damages.
N.D. Cent. Code § 32-42-04 — ND Code / Title 32 / Chapter 32-42 / Section 32-42-04
32-42-04. Effective date
Status: repealed

32-42-04. Effective date

Repealed by S.L. 2009, ch. 65, § 8.
N.D. Cent. Code § 32-31-05 — ND Code / Title 32 / Chapter 32-31 / Section 32-31-05
32-31-05. County treasurer to bid at execution sale
Status: in_force

32-31-05. County treasurer to bid at execution sale

The county treasurer shall attend the execution sale held pursuant to the decree in any

action to foreclose a tax lien in which the county is plaintiff, and if there are no other bidders

offering the amount of the judgment plus interest and accrued and accruing costs, the county

treasurer shall bid such amount in the name of the county and the sheriff shall sell the same to

the county, but the county shall not be required to pay any cash upon such sale.
N.D. Cent. Code § 32-25-01 — ND Code / Title 32 / Chapter 32-25 / Section 32-25-01
32-25-01. Who may bring action - Effect
Status: in_force

32-25-01. Who may bring action - Effect

If the grain of different owners has been stored in a warehouse or elevator and has become

mingled in a common mass, and any part thereof has been converted or is detained wrongfully

by any person, the owner of any part of such common mass may maintain an action against the

wrongdoer for the recovery of the possession or the value, as the case may be, of the quantity

of such person's contribution to such common mass. It shall not be necessary to join as a party

any other person who likewise may have contributed, or be alleged to have contributed, to such

common mass, but the commencement of such action shall be deemed to be a selection or

segregation of such person's interest, in all things the same as though, upon a demand made

therefor, such grain or the value thereof had been set aside and delivered to such party.
N.D. Cent. Code § 32-19-24 — ND Code / Title 32 / Chapter 32-19 / Section 32-19-24
32-19-24. Service of notice on personal representative
Status: in_force

32-19-24. Service of notice on personal representative

If a personal representative of the estate of the deceased owner has been appointed in the

county where the real estate is situated, the notice before foreclosure must be served upon the

personal representative. Service may be made by registered mail, as provided in rule 4 of the

North Dakota Rules of Civil Procedure, addressed to the personal representative's post-office

address as shown by the records of the district court by which the personal representative was

appointed.
N.D. Cent. Code § 32-12.1-05 — ND Code / Title 32 / Chapter 32-12.1 / Section 32-12.1-05
32-12.1-05. Liability insurance policy coverage
Status: in_force

32-12.1-05. Liability insurance policy coverage

An insurance policy or insurance contract purchased by a political subdivision or a

government self-insurance pool in which a political subdivision participates pursuant to this

chapter may provide coverage for the types of liabilities established by this chapter and may

provide such additional coverage as the governing body of the political subdivision determines

to be appropriate. The insurer may not assert the defense of governmental immunity, but this

chapter confers no right upon a claimant to sue an insurer directly. If a dispute exists concerning

the amount or nature of the required insurance coverage, the dispute must be tried separately.

The insurance coverage authorized by this chapter may be in addition to any insurance

coverage purchased by a political subdivision pursuant to any other provision of law and if

premium savings will result therefrom, any insurance policy purchased pursuant to this chapter

or any other provision of law may be written for a period which exceeds one year.
N.D. Cent. Code § 32-29.3-01 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-01
32-29.3-01. Definitions
Status: in_force

32-29.3-01. Definitions

As used in this chapter:

1. "Arbitration organization" means an association, agency, board, commission, or other

entity that is neutral and initiates, sponsors, or administers in an arbitration proceeding

or is involved in the appointment of an arbitrator.

2. "Arbitrator" means an individual appointed to render an award, alone or with others, in

a controversy that is subject to an agreement to arbitrate.

3. "Court" means the district court.

4. "Knowledge" means actual knowledge.

5. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.
N.D. Cent. Code § 32-13-07 — ND Code / Title 32 / Chapter 32-13 / Section 32-13-07
32-13-07. When claimant takes office
Status: in_force

32-13-07. When claimant takes office

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

the same is in favor of such person, that person shall be entitled, after taking the oath of office

and executing such official bond as may be required by law, to begin the execution of the office,

and it shall be that person's duty immediately thereafter to demand of the defendant in the

action all the books and papers in the defendant's custody or within the defendant's power,

belonging to the office from which the defendant shall have been excluded.
N.D. Cent. Code § 32-14-10 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-10
32-14-10. Property forfeited to state
Status: in_force

32-14-10. Property forfeited to state

Whenever by the provisions of law any property, real or personal, shall be forfeited to the

state, or to any officer for its use, an action for the recovery of such property alleging the ground

of the forfeiture may be brought by the attorney general or by the state's attorney of the county

in which the action is triable, in any court having jurisdiction thereof.
N.D. Cent. Code § 32-14-03 — ND Code / Title 32 / Chapter 32-14 / Section 32-14-03
32-14-03. What complaint to allege - Attachment
Status: in_force

32-14-03. What complaint to allege - Attachment

It shall be sufficient to allege in the complaint that the defendant is indebted to the plaintiff in

the amount of the forfeiture claimed according to the provisions of the statute which imposes it,

specifying the section and chapter containing such statute. When such section imposes a

forfeiture for several offenses or delinquencies, it shall specify the particular offense or

delinquency for which the action is brought, with a demand for judgment for the amount of such

forfeiture. In case the defendant is not a resident of the state, an attachment may be issued in

such action as in an ordinary civil action against nonresidents. Any such action may be brought

for and the judgment therein may include as many forfeitures as the defendant may have

incurred prior to its commencement.
N.D. Cent. Code § 32-22-30 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-30
32-22-30. Execution of warrant
Status: in_force

32-22-30. Execution of warrant

The officer to whom such warrant is delivered must execute it by bringing the person therein

named before the court who directed the issuing of such warrant, but if such warrant is issued

by the supreme court or a judge thereof, upon the return of the warrant, the hearing and

decision of the matter may be ordered by such court or judge to be had before the district court

of the proper county or the judge thereof.
N.D. Cent. Code § 32-33-08 — ND Code / Title 32 / Chapter 32-33 / Section 32-33-08
32-33-08. How served
Status: in_force

32-33-08. How served

The writ must be served in the same manner as a summons in a civil action except when

otherwise expressly directed by the court.
N.D. Cent. Code § 32-15-10 — ND Code / Title 32 / Chapter 32-15 / Section 32-15-10
32-15-10. Copy of summons served through mails
Status: repealed

32-15-10. Copy of summons served through mails

Repealed by omission from this code.
N.D. Cent. Code § 32-07-03 — ND Code / Title 32 / Chapter 32-07 / Section 32-07-03
32-07-03. Requisition to sheriff
Status: in_force

32-07-03. Requisition to sheriff

The plaintiff, by an endorsement in writing upon the affidavit, may require the sheriff of the

county where the property claimed may be to take the same from the defendant and deliver it to

the plaintiff.
N.D. Cent. Code § 32-09.1-13 — ND Code / Title 32 / Chapter 32-09.1 / Section 32-09.1-13
32-09.1-13. Third party may intervene
Status: in_force

32-09.1-13. Third party may intervene

If it appears that any person not a party to the action has or claims an interest in any of the

garnished property antedating the garnishment, the court may permit that person to appear and

maintain that person's rights. If the person does not appear, the court may direct that the person

be notified to appear or be barred of the claim. The notice may be served in a manner as the

court directs, and the person appearing or notified shall be joined as a party and is bound by

judgment against the garnishee.
N.D. Cent. Code § 32-29.3-04 — ND Code / Title 32 / Chapter 32-29.3 / Section 32-29.3-04
32-29.3-04. Effect of agreement to arbitrate - Nonwaivable provisions
Status: in_force

32-29.3-04. Effect of agreement to arbitrate - Nonwaivable provisions

1. Except as otherwise provided in subsections 2 and 3, a party to an agreement to

arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect

of, the requirements of this chapter to the extent permitted by law.

2. Before a controversy arises that is subject to an agreement to arbitrate, a party to the

agreement may not:

a. Waive or agree to vary the effect of the requirements of subsection 1 of section

32-29.3-05, subsection 1 of section 32-29.3-06, section 32-29.3-08,

subsections 1 and 2 of section 32-29.3-17, or section 32-29.3-26 or 32-29.3-28;

b. Agree to unreasonably restrict the right under section 32-29.3-09 to notice of the

initiation of an arbitration proceeding;

c. Agree to unreasonably restrict the right under section 32-29.3-12 to disclosure of

any facts by a neutral arbitrator; or

d. Waive the right under section 32-29.3-16 of a party to an agreement to arbitrate

to be represented by a lawyer at any proceeding or hearing under this chapter,

but an employer and a labor organization may waive the right to representation

by a lawyer in a labor arbitration.

3. A party to an agreement to arbitrate or arbitration proceeding may not waive, or the

parties may not vary the effect of, the requirements of this section or subsection 1 or 3

of section 32-29.3-03, section 32-29.3-07, 32-29.3-14, or 32-29.3-18, subsection 4 or 5

of section 32-29.3-20, section 32-29.3-22, 32-29.3-23, or 32-29.3-24, subsection 1 or 2

of section 32-29.3-25, or section 32-29.3-29 or 32-29.3-30.
N.D. Cent. Code § 32-12.2-07 — ND Code / Title 32 / Chapter 32-12.2 / Section 32-12.2-07
32-12.2-07. Risk management fund - Appropriation
Status: in_force

32-12.2-07. Risk management fund - Appropriation

1. The director of the office of management and budget shall implement and administer a

program of self-retention against liability for the state through the establishment of a

risk management fund. Each entity of the state shall participate in the program by

contributing the appropriate share of its costs as determined by the director.

2. The state risk management fund is a special fund in the state treasury administered by

the director of the office of management and budget. The fund is a revolving fund

consisting of contributions from participating state entities, all payments received by

the fund from its activities, and other appropriations by the legislative assembly. The

state investment board shall invest the fund in accordance with chapter 21-10. Funds

received as contributions from state entities, all other payments deposited in the fund,

and interest and income received on investments are hereby appropriated on a

continuing basis for the purposes of the fund. Section 54-44.1-11 does not apply to the

fund.

3. The director of the office of management and budget shall:

a. Review the state's exposure to various types of potential risks in consultation with

affected state entities and advise state entities as to the reduction of risk and

fiscal management of those losses.

b. Be responsible for statewide risk management coordination, evaluation of funding

and insuring alternatives, and the approval of all liability insurance purchases or

government self-insurance pool participation in consultation with affected state

entities.

c. Identify methods to eliminate redundant efforts in the management of state risk

management and insurance programs.

d. Administer the state risk management fund or contract for a third-party

administrator.

4. The director of the office of management and budget may request bids from insurance

carriers or government self-insurance pools or negotiate with insurance carriers and

government self-insurance pools and may enter into contracts of insurance with

carriers or memorandums of coverage with government self-insurance pools that are

best qualified to underwrite and service insurance or coverage programs for the state

through the risk management fund.
N.D. Cent. Code § 32-06-10 — ND Code / Title 32 / Chapter 32-06 / Section 32-06-10
32-06-10. Counteraffidavits to vacate injunction
Status: in_force

32-06-10. Counteraffidavits to vacate injunction

Superseded by N.D.R.Civ.P., Rule 65.
N.D. Cent. Code § 32-03-41 — ND Code / Title 32 / Chapter 32-03 / Section 32-03-41
32-03-41. Immunity for mitigating hazardous materials discharge - Exceptions
Status: in_force

32-03-41. Immunity for mitigating hazardous materials discharge - Exceptions

A person who assists or advises in mitigating or attempting to mitigate the effects of an

actual or threatened discharge, leakage, seepage, or other release of materials or substances

designated or defined as hazardous by any state or federal law or the rules and regulations of

any state or federal entity, or in preventing, cleaning up, or disposing of or in attempting to

prevent, clean up, or dispose of any such discharge, leakage, seepage, or other release is not

subject to any civil liability or penalty. This section does not apply to damages caused by that

person's gross negligence or reckless, wanton, or intentional misconduct, nor does this section

apply to any person whose act or omission caused the actual or threatened discharge, leakage,

seepage, or other release and who would otherwise be liable therefor, or to any person who

receives compensation other than reimbursement for out-of-pocket expenses for services in

rendering such assistance or advice.
N.D. Cent. Code § 32-27-01 — ND Code / Title 32 / Chapter 32-27 / Section 32-27-01
32-27-01. Where proceeding maintained
Status: in_force

32-27-01. Where proceeding maintained

Any citizen of this state may maintain a proceeding in accordance with this chapter in the

district court of the county in which the person resides for the purpose of establishing the fact

that the person is a citizen of the state of North Dakota.
N.D. Cent. Code § 32-23-12 — ND Code / Title 32 / Chapter 32-23 / Section 32-23-12
32-23-12. Construction of chapter
Status: in_force

32-23-12. Construction of chapter

This chapter is remedial. Its purpose is to settle and to afford relief from uncertainty and

insecurity with respect to rights, status, and other legal relations, and it is to be construed and

administered liberally.
N.D. Cent. Code § 32-12-04 — ND Code / Title 32 / Chapter 32-12 / Section 32-12-04
32-12-04. How judgment collected
Status: in_force

32-12-04. How judgment collected

No execution may issue against the state on any judgment, but whenever a final judgment

against the state has been obtained in any action other than an action under chapter 32-12.2,

the clerk shall make and furnish to the office of the budget a duly certified copy of the judgment.

After approval, and if funds have been appropriated therefor, the office of the budget, in due

course, shall prepare and issue a warrant for the amount of such judgment and deliver the same

to the person entitled thereto.
N.D. Cent. Code § 32-29.4-01 — ND Code / Title 32 / Chapter 32-29.4 / Section 32-29.4-01
32-29.4-01. Definitions
Status: in_force

32-29.4-01. Definitions

In this chapter:

1. "Arbitration agreement" means an agreement that subjects a family law dispute to

arbitration.

2. "Arbitration organization" means an association, agency, board, commission, or other

entity that is neutral and initiates, sponsors, or administers an arbitration or is involved

in the selection of an arbitrator.

3. "Arbitrator" means an individual selected, alone or with others, to make an award in a

family law dispute that is subject to an arbitration agreement.

4. "Child-related dispute" means a family law dispute regarding parenting time, or

financial support regarding a child.

5. "Court" means the district court.

6. "Family law dispute" means a contested issue arising under the domestic relations law

of this state.

7. "Party" means an individual who signs an arbitration agreement and whose rights will

be determined by an award.

8. "Person" means an individual, estate, business or nonprofit entity, public corporation,

government or governmental subdivision, agency, or instrumentality, or any other legal

entity.

9. "Record", used as a noun, means information inscribed on a tangible medium or

stored in an electronic or other medium and is retrievable in perceivable form.

10. "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 symbol, sound, or

process.

11. "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. The term includes a federally recognized Indian tribe.
N.D. Cent. Code § 32-22-32 — ND Code / Title 32 / Chapter 32-22 / Section 32-22-32
32-22-32. When person must be discharged
Status: in_force

32-22-32. When person must be discharged

If the party is held under illegal custody or restraint, the party must be discharged or be

restored to the care or custody of the person entitled thereto.