Title 28 — Judicial Procedure, Civil

1. No person who has served as investigator, prosecutor, or advocate in the investigatory or prehearing stage of an adjudicative proceeding may serve as hearing officer. 2. No person who is subject to the direct authority of one who has served as an investigator, prosecutor, or a…

1. Any party before an administrative agency who is aggrieved by the final order of the agency, including the administrative agency when the hearing officer is not the agency head or one or more members of the agency head, within fifteen days after notice has been given as requir…

Unless a later date is stated in the order, a final order of an administrative agency is effective immediately, but a party may not be required to comply with a final order unless it has been served upon the party and notice is deemed given pursuant to section 28-32-39 or the par…

1. Any party to any proceeding heard by an administrative agency, except when the order of the administrative agency is declared final by any other statute, may appeal from the order within thirty days after notice of the order has been given as required by section 28-32-39. If a…

Appeals taken in accordance with this chapter must be docketed as other cases pending in the district court are docketed and must be heard and determined by the court without a jury at such time as the court shall determine.

1. An administrative agency shall maintain an official record of each adjudicative proceeding or other administrative proceeding heard by it. 2. Within thirty days, or a longer time as the court by order may direct, after an appeal has been taken to the district court as provided…

If an application for leave to offer additional testimony, written statements, documents, exhibits, or other evidence is made to the court in which an appeal from a determination of an administrative agency is pending, and it is shown to the satisfaction of the court that the add…

1. A judge of the district court shall review an appeal from an administrative agency's or ethics commission's rulemaking action based only on the record filed with the court. If an appellant requests documents to be included in the record but the agency or commission does not in…

An appeal from an order or the rulemaking action of an administrative agency or the commission does not stay the enforcement of the order or the effect of a published rule unless the court to which the appeal is taken, upon application and after a hearing or the submission of bri…

The judgment of the district court in an appeal from an order or rulemaking action of an administrative agency or the commission may be reviewed in the supreme court on appeal in the same manner as provided in section 28-32-46 or 28-32-47, except that the appeal to the supreme co…

1. In any civil judicial proceeding involving as adverse parties an administrative agency and a party not an administrative agency or an agent of an administrative agency, the court must award the party not an administrative agency reasonable attorney's fees and costs if the cour…

If any person objects to testifying or producing evidence, documentary or otherwise, at any proceeding before an administrative agency, claiming a privilege against self-incrimination, but is directed to testify or produce evidence pursuant to the written approval of the attorney…

This chapter does not prohibit an elected official from presiding at that agency's cases, nor from deciding cases within that agency's jurisdiction.

In this chapter, unless the context or subject matter otherwise requires: 1. "Appointing authority" means the presiding judge of any court, the chairman of any board, commission, or authority, and the director or commissioner of any department or agency before which a qualified i…

1. At all stages of any judicial or administrative proceedings in which a deaf person is a principal party in interest, the appointing authority shall appoint a qualified interpreter to interpret or to translate the proceedings to the deaf person and to interpret or translate the…

An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the person's disability when the appointing authority has reason to believe that the person is not so disabled. In no event is a failure of a party or witness …

Superseded by N.D.R.Ct., Rule 6.10.

An interpreter appointed under this chapter must be compensated by the appointing authority at a reasonable rate determined by the authority, including travel expenses. This section does not prevent any state department, board, commission, agency, or licensing authority or any po…

Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged and the deaf person could not be compelled to testify as to the communications, the privilege applies to the interpreter as well.

In any judicial proceeding, the appointing authority, on the appointing authority's own motion or on the motion of a party to the proceedings, may order that the testimony of the deaf person and the interpretation thereof be visually recorded for use in verification of the offici…

1. Whenever an appointing authority receives a valid request for the services of an interpreter or on the appointing authority's own motion, the authority shall request the superintendent of the school for the deaf to furnish the authority with a list of sources of qualified inte…

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…

As used in this chapter: 1. "Litigation" means any civil or disciplinary action or proceeding, small claims action, appeal from an administrative agency, review of a referee order by the district court, or appeal to the supreme court. The term does not include criminal actions. 2…

1. If the court finds by a preponderance of the evidence an individual is a vexatious litigant, the court shall enter a prefiling order restricting the vexatious litigant from filing new litigation or filing documents within existing litigation without prior approval of the court…

The clerk of court shall provide a copy of any prefiling orders issued under this chapter to the state court administrator and each United States district court in the state. The state court administrator shall maintain a list of vexatious litigants subject to prefiling orders. P…

The supreme court shall adopt rules to implement this chapter.

As used in this chapter, unless the context otherwise requires: 1. "Claim" means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute. 2. "State" means a state, territory, or possession of the United States, the …

1. Except as provided by section 28-01.2-04, if a claim is substantively based upon: a. The law of one other state, the limitation period of that state applies; or b. The law of more than one state, the limitation period of one of those states chosen by the law of conflict of law…

If the statute of limitations of another state applies to the assertion of a claim in this state, the other state's relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing c…

If the court determines that the limitation period of another state applicable under sections 28-01.2-02 and 28-01.2-03 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defendin…

This chapter applies to claims: 1. Accruing after June 30, 1985; or 2. Asserted in a civil action or proceeding more than one year after June 30, 1985, but it does not revive a claim barred before July 1, 1985.

As used in this chapter: 1. "Manufacturer" means a person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a product prior to the sale of the product to a user or consumer. The term includes any seller of a…

If a complaint filed in a products liability action prays for a recovery of money in an amount equal to or less than fifty thousand dollars, the amount must be stated. If a recovery of money in an amount greater than fifty thousand dollars is demanded, the pleading must state mer…