Title 32 — Judicial Remedies
69 chapters · 746 sections in this title.
N.D.C.C. § 32-43-01 Definitions
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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 subdivisio…
N.D.C.C. § 32-43-02 Scope
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This chapter applies to any claim for relief, however characterized, for damages arising out of defamation caused by the false content of a publication that is published on or after August 1, 1995. This chapter applies to all publications, including writings, broadcasts, oral com…
N.D.C.C. § 32-43-03 Request for correction or clarification
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1. A person may maintain an action for defamation only if the person has made a timely and adequate request for correction or clarification from the defendant or the defendant has made a correction or clarification. 2. A request for correction or clarification is timely if made w…
N.D.C.C. § 32-43-04 Disclosure of evidence of falsity
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A person who has been requested to make a correction or clarification may ask the requester to disclose reasonably available information material to the falsity of the allegedly defamatory statement. If a correction or clarification is not made, a person who unreasonably fails to…
N.D.C.C. § 32-43-05 Effect of correction or clarification
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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.C.C. § 32-43-06 Timely and sufficient correction or clarification
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1. A correction or clarification is timely if it is published before, or within forty-five days after, receipt of a request for correction or clarification, unless the period is extended under section 32-43-04. 2. A correction or clarification is sufficient if it: a. Is published…
N.D.C.C. § 32-43-08 Offer to correct or clarify
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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:…
N.D.C.C. § 32-43-09 Scope of protection
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A timely and sufficient correction or clarification made by a person responsible for a publication constitutes a correction or clarification made by all persons responsible for that publication other than a republisher. However, a correction or clarification that is sufficient on…
N.D.C.C. § 32-43-10 Admissibility of evidence of correction or clarification
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1. The fact of a request for correction or clarification under this chapter, the contents of the request, and its acceptance or refusal are not admissible in evidence at trial. 2. The fact that a correction or clarification under this chapter was made and the contents of the corr…