Title 28 — Judicial Procedure, Civil

No manufacturer or seller of a product may be held liable in any products liability action in which a substantial contributing cause of the injury, death, or damage to property was an alteration or modification of the product, which occurred subsequent to the sale by the manufact…

1. In any products liability action maintained against a seller of a product who did not manufacture the product, the seller shall upon answering or otherwise pleading file an affidavit certifying the correct identity of the manufacturer of the product allegedly causing the perso…

If a product liability action is commenced against a seller, and it is alleged that a product was defectively designed, contained defectively manufactured parts, had insufficient safety guards, or had inaccurate or insufficient warning; that such condition existed when the produc…

No product may be considered to have a defect or to be in a defective condition, unless at the time the product was sold by the manufacturer or other initial seller, there was a defect or defective condition in the product which made the product unreasonably dangerous to the user…

1. The legislative assembly finds that products liability reforms enacted in 1979, 1987, and 1993 have provided a needed degree of certainty in the laws governing civil actions against product manufacturers and sellers. 2. In recent years it has become increasingly evident that t…

1. Except as provided in subsections 4 and 5, there may be no recovery of damages in a products liability action unless the injury, death, or property damage occurs within ten years of the date of initial purchase for use or consumption, or within eleven years of the date of manu…

There is a rebuttable presumption that a product is free from any defect or defective condition if the plans, designs, warnings, or instructions for the product or the methods and techniques of manufacturing, inspecting, and testing the product were in conformity with government …

Notwithstanding any other provision in this title, any pesticide registered with the agriculture commissioner under chapter 4.1-33 or the United States environmental protection agency under the Federal Insecticide, Fungicide, and Rodenticide Act [61 Stat. 163; 7 U.S.C. 136 et seq…

As used in this chapter: 1. "Aircraft" means general aviation light craft that is powered and intended to fly above the ground; is designed to carry one person or more, but with a maximum seating capacity of fewer than twenty passengers; and weighs less than twelve thousand five …

1. There is a disputable presumption that a product is free from any defect or defective condition if the product was in compliance with: a. Government standards established for that product; or b. If no government standards exist, applicable industry standards that were in exist…

An aviation manufacturer or seller of aircraft or aircraft components may not be held liable for any personal injury, death, or damage to property sustained as a result of an alleged defect in a state-of-the-art product. An aircraft or aircraft component is presumed to be a state…

1. An aviation manufacturer may not be held liable in a product liability action if the defendant establishes that the harm was caused after the period of useful safe life of the aircraft or aircraft component had expired. The useful safe life of an aircraft or aircraft component…

As used in this chapter, "state" means any foreign nation, and any state, district, commonwealth, territory, or insular possession of the United States.

1. If the parties have agreed in writing that an action on a controversy may be brought in this state and the agreement provides the only basis for the exercise of jurisdiction, a court of this state will entertain the action if: a. The court has power under the law of this state…

If the parties have agreed in writing that an action on a controversy may be brought only in another state and it is brought in a court of this state, the court will dismiss or stay the action, as appropriate, unless: 1. The court is required by statute to entertain the action; 2…

The United States, or an officer, employee, or agency thereof, shall serve an answer to the complaint or to a cross-claim, or a reply to a counterclaim, within sixty days after service upon the United States attorney of the pleading in which the claim is asserted. 28-06.2-04. Ser…

Except as otherwise provided in this chapter, or by express provision of other law, procedures governing suits against the United States, or any of its agencies, officers, or employees acting in their official capacities, shall be those governing similar suits to which the United…

In this chapter, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any district court of any county of this state. The clerk shall treat the foreign judgment in the same manner as a judgment…

1. At the time of filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of court an affidavit setting forth the name and last-known post-office address of the judgment debtor and otherwise complying with section…

1. If the judgment debtor shows the district court of any county that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time fo…

Any person filing a foreign judgment shall pay to the clerk of court a filing fee as prescribed in subdivision d of subsection 1 of section 27-05.2-03. Fees for docketing, transcription, or other enforcement proceedings must be as provided for judgments of the district court of a…

The right of a judgment creditor to bring an action to enforce the creditor's judgment instead of proceeding under this chapter remains unimpaired.

Repealed by S.L. 1983, ch. 82, § 154.

This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act.

As used in this chapter: 1. "Foreign country" means a government other than: a. The United States; b. A state, district, commonwealth, territory, or insular possession of the United States; or c. Any other government with regard to which the decision in this state as to whether t…

1. Except as otherwise provided in subsection 2, this chapter applies to a foreign-country judgment to the extent the judgment: a. Grants or denies recovery of a sum of money; and b. Under the law of the foreign country where rendered, is final, conclusive and enforceable. 2. Thi…

1. Except as otherwise provided in subsections 2 and 3, a court of this state shall recognize a foreign-country judgment to which this chapter applies. 2. A court of this state may not recognize a foreign-country judgment if: a. The judgment was rendered under a judicial system t…

1. A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: a. The defendant was served with process personally in the foreign country; b. The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting propert…

1. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition must be raised by filing an action seeking recognition of the foreign-country judgment. 2. If recognition of a foreign-country judgment is sought in a pending action, the iss…

If the court in a proceeding under section 28-20.3-05 finds the foreign-country judgment is entitled to recognition under this chapter then, to the extent the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: 1. Conclusive betw…

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time t…

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date the foreign-country judgment became effective in the foreign country.

In applying and construing this uniform chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.