Title 32 — Judicial Remedies
69 chapters · 746 sections in this title.
N.D.C.C. § 32-46.2-01 Definitions
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In this chapter, unless the context otherwise requires: 1. "AMA guides" means the "Guides to the Evaluation of Permanent Impairment", American medical association, (6th edition). 2. "Asbestos action" means the same as that term is defined in section 32-46.1-01. 3. "Asbestosis" me…
N.D.C.C. § 32-46.2-02 Sworn information form requirement for asbestos action
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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 specify…
N.D.C.C. § 32-46.2-03 Requirements for asbestos action
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1. In addition to any requirements for asbestos actions under chapter 32-46.1 and the required sworn information form required by section 32-46.2-02, a plaintiff in an asbestos action shall include with any complaint a detailed narrative medical report, signed by a qualified phys…
N.D.C.C. § 32-46.2-04 Elements of proof for asbestos action involving nonmalignant conditions
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An asbestos action related to an alleged nonmalignant asbestos-related condition may not be brought or maintained in the absence of prima facie evidence the exposed individual has a physical impairment for which asbestos exposure was a substantial contributing factor. The prima f…
N.D.C.C. § 32-46.2-05 Elements of proof for asbestos action involving malignant conditions
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1. An asbestos action related to an alleged asbestos-related malignant condition may not be brought or maintained in the absence of prima facie evidence that the exposed individual has a malignant condition for which asbestos exposure was a substantial contributing factor. The pr…
N.D.C.C. § 32-46.2-06 Evidence of physical impairment - Procedures - Limitation
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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 ma…
N.D.C.C. § 32-46.2-07 Statute of limitations
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1. The period of limitations for an asbestos action that is not barred as of August 1, 2021, may not accrue, nor may the running of limitations commence, before the earlier of the date: a. The exposed individual received a medical diagnosis of an asbestos-related impairment; b. T…