Title 32, Judicial Remedies

Any state agency that receives a notice pursuant to section 32-40-07 shall be entitled to intervene as a matter or right in the action unless such action is commenced solely to recover damages for alleged violations.

If the court finds an action brought under this chapter to have been frivolous, it shall award costs to the defendants. Otherwise, the court may apportion costs among the parties as the interests of justice require.

In any action brought under this chapter, the court may: 1. Grant the relief specified in the environmental statute alleged to have been violated or pursuant to which the rule or regulation alleged to have been violated was promulgated. 2. Grant temporary or permanent equitable r…

As used in this chapter, unless the context otherwise requires: 1. "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. 2. "Bank-offered spot rate" means the spot rate of exchange at whic…

This chapter applies only to a foreign-money claim in an action or distribution proceeding. This chapter applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.

The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money cl…

The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money: 1. Regu…

1. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. 2. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate…

1. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claim is in United States dollars. 2. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant. 3…

1. Except as provided in subsection 3, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. 2. A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United Sta…

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named fore…

1. With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection 2, are matters of the substantive law governing the right to recovery under the…

1. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section 32-41-07, whether or not the foreign judgment confers a…

1. Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. 2. For the limited purpose of facilitating the enforcement of provisional r…

If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion t…

Unless displaced by this chapter, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes…

In this chapter: 1. "Alternative dispute resolution" means the resolution of a health care malpractice claim in a manner other than through a health care malpractice action. 2. "Claimant" means any person who alleges a health care malpractice claim, and any person on whose behalf…

With respect to a health care malpractice action or claim, the total amount of compensation that may be awarded to a claimant or members of the claimant's family for noneconomic damage resulting from an injury alleged under the action or claim may not exceed five hundred thousand…

1. Before initiating a health care malpractice action, the attorney representing a claimant shall advise the claimant about all reasonably available alternative dispute resolution options that may be available to the parties to settle the claim. 2. At the earliest opportunity aft…

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…

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…

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…

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…

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.

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…

1. If a defendant in an action governed by this chapter intends to rely on a timely and sufficient correction or clarification, the defendant's intention to do so, and the correction or clarification relied upon, must be set forth in a notice served on the plaintiff within sixty …

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:…

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…

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…

As used in this chapter, unless the context otherwise requires: 1. "Agricultural producer" means any person engaged in growing, raising, distributing, or selling an agricultural product, or manufacturing the product for consumer use. 2. "Agricultural product" means any plant or a…

A person who willfully or purposefully disseminates a false and defamatory statement, knowing the statement to be false, regarding an agricultural producer or an agricultural product under circumstances in which the statement may be reasonably expected to be believed and the agri…

In addition to the provisions of section 32-44-02, if a false and defamatory statement is disseminated referring to an entire group or class of agricultural producers or products, a cause of action arises in favor of each producer of the group or class and any association represe…

Any civil action for damages under this chapter must be commenced within two years from the date of the false and defamatory statement.

As used in this chapter: 1. "Asbestos claim" means a claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: a. The health effects of exposure to asbestos, includ…

1. The limitations in section 32-46-03 apply to an innocent successor corporation. 2. The limitations of section 32-46-03 do not apply to: a. Workers' compensation benefits paid by or on behalf of an employer to an employee under the provisions of title 65, or a comparable worker…

1. Except as further limited in subsection 2, the cumulative successor asbestos-related liabilities of an innocent successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The …

1. An innocent successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under section 32-46-03 through any method reasonable under the circumstances, including: a. By reference to the going concern value of the assets or t…

1. Except as provided in subsections 2 through 4, the fair market value of total gross assets at the time of the merger or consolidation increases annually at a rate equal to the sum of: a. The prime rate as listed in the first edition of the Wall Street Journal published for eac…

This chapter applies to all asbestos claims filed against an innocent successor on or after August 1, 2009. This chapter also applies to any pending asbestos claims against an innocent successor in which trial has not commenced as of the effective date, except that any provisions…

A possessor of land, including an owner, lessee, or other occupant, does not owe a duty of care to a trespasser and is not subject to liability for any injury to a trespasser.

1. a. Notwithstanding section 32-47-01, a possessor of land may be subject to liability for physical injury or death to a trespasser in the following situations: (1) A land possessor has a duty not to harm the trespasser in a willful and wanton manner, except as permitted under s…

As used in this chapter: 1. "COVID-19" means: a. Severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2 and any mutation or viral fragments of SARS-CoV-2; and b. Any disease or condition caused by severe acute respiratory syndrome coronavirus 2 identified as SAR…

A person may not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless the civil action involves an act intended to cause harm or an act that constitutes actual malice.

A person that possesses, owns, or is in control of premises, including a tenant, lessee, or occupant of a premises, which directly or indirectly invites or permits an individual onto the premises is immune from civil liability for any act or omission resulting in damage or injury…

A person is immune from civil liability for an act or omission resulting in damage or injury sustained from exposure or potential exposure to COVID-19 if the act or omission was in substantial compliance or was consistent with a federal or state statute, regulation, or order rela…

1. A health care provider or health care facility is immune from civil liability for any act or omission in response to COVID-19 that causes or contributes, directly or indirectly, to the death or injury of an individual. The immunity provided under this subsection includes: a. I…