Title 32 — Judicial Remedies
69 chapters · 746 sections in this title.
N.D.C.C. § 32-46.1-01 Definitions
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For purposes of this chapter, unless the context otherwise requires: 1. "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbsestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of th…
N.D.C.C. § 32-46.1-02 Required disclosures by plaintiff
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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…
N.D.C.C. § 32-46.1-03 Identification of additional or alternative asbestos trust by defendant
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1. A defendant may file a motion requesting a stay of the proceedings by the later of the seventy-fifth day before the trial is set to commence or the fifteenth day after the defendant first obtains information supporting additional trust claims by the plaintiff. The defendant sh…
N.D.C.C. § 32-46.1-04 Discovery - Use of materials
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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 discov…
N.D.C.C. § 32-46.1-05 Trust record
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At least thirty days before trial, the plaintiff shall provide the court with documentation identifying each claim the plaintiff has made against an asbestos trust. The court shall enter the documentation into the record.
N.D.C.C. § 32-46.1-06 Failure to provide information - Sanctions
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1. The court may impose any sanction provided by court rule or law upon the motion of a defendant or judgment debtor seeking sanctions or other relief for failure to comply with the requirements of this chapter. 2. If the plaintiff files an asbestos trust claim after the plaintif…