Title 28 — Judicial Procedure, Civil

In this chapter: 1. "Adult" means an individual who has attained eighteen years of age. 2. "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 30.1-29. 3. "Guardian" means a person appointed by the…

A court of this state may treat a foreign country as if it were a state for the purpose of applying sections 28-35-01, 28-35-02, 28-35-03, 28-35-04, 28-35-05, 28-35-06, 28-35-07, 28-35-08, 28-35-09, 28-35-10, 28-35-11, 28-35-12, 28-35-13, 28-35-14, 28-35-15, 28-35-16, and 28-35-2…

1. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection 2, the court shall make a record of the commu…

1. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: a. Hold an evidentiary hearing; b. Order a person in that state to produce evidence or give testimony pursuant to proc…

1. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its …

1. In sections 28-35-06, 28-35-07, 28-35-08, 28-35-09, 28-35-10, 28-35-11, 28-35-12, 28-35-13, and 28-35-14: a. "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian i…

Sections 28-35-06, 28-35-07, 28-35-08, 28-35-09, 28-35-10, 28-35-11, 28-35-12, 28-35-13, and 28-35-14 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: 1. This state is the respondent's home state; 2. On the date the petition is filed, this state is a significant-connection state and: a. The respondent does not have a ho…

1. A court of this state lacking jurisdiction under section 28-35-08 has special jurisdiction to do any of the following: a. Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state; b. Issue a protective ord…

Except as otherwise provided in section 28-35-09, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until the appointment or order is terminated by the court or the appoint…

1. A court of this state having jurisdiction under section 28-35-08 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if the court determines at any time that a court of another state is a more appropriate forum. 2. If a court of this stat…

1. If at any time a court of this state determines that the court acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: a. Decline to exercise jurisdiction; b. Exercise jurisdiction for the limited purpose of fash…

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under subdivision a or b of subsection 1 of section 28-35-09, if a petition for the appointment of a guardian or issuance of a prote…

1. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. 2. Notice of a petition under subsection 1 must be given to the persons that would be entitled to notice of a petition in this state for t…

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…

1. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings…