Title 32, Judicial Remedies

1. As used in this section: a. "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. b. "Private" means: (1) Created or obtained under circumstances in which a depicted individual had a reasonable expectation…

1. As used in this section: a. "Child" means an unemancipated individual who is less than eighteen years of age. b. "Parent" means an individual recognized as a parent under a law of this state other than this chapter. 2. A person is not liable under this chapter if the person pr…

In an action under this chapter: 1. The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff under rule 3.4 of the North Dakota Rules of Court; 2. A plaintiff to whom subsection 1 applies shall file wi…

1. In an action under this chapter, a prevailing plaintiff may recover: a. The greater of: (1) Economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other …

1. An action under subsection 2 of section 32-49-02 for: a. An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and b. A threat to disclose may not…

This chapter must be construed to be consistent with the Communications Decency Act of 1996 [47 U.S.C. Section 230].

For the purposes of this chapter, the following terms shall have the designated meanings: 1. "Aid or assistance necessary or helpful in the circumstances" means any actions which the aider reasonably believed were required to prevent death or serious permanent injury, disability …

An individual, or the individual's employer, subject to the exceptions in sections 32-03.1-03, 32-03.1-04, and 32-03.1-08, who renders aid or assistance necessary or helpful in the circumstances to another individual who has been injured or is ill as the result of an accident or …

A physician licensed under chapter 43-17 who renders emergency obstetrical care or assistance to a pregnant female in active labor who has not previously been cared for in connection with the pregnancy by the physician or by another person professionally associated with the physi…

1. A health care provider licensed under title 43 who renders medical care on a voluntary basis at a free clinic is not liable in any personal injury civil action for acts or omissions resulting in the rendering of that care unless it is plainly alleged in the complaint and later…

An individual who in good faith and without compensation provides training to use an automated external defibrillator, emergency care by using an automated external defibrillator, or emergency treatment by using an automated external defibrillator is immune from civil liability f…

No person who renders aid or assistance necessary or helpful in the circumstances to other persons who have been injured or are ill as the result of an accident or sudden illness or any mechanical, external, or organic trauma may be criminally charged in this state for having pra…

Nothing in this chapter may be construed to deprive any physician or surgeon licensed in this state of the right to collect reasonable fees for any acts of aid, assistance, or treatment or any other person rendering aid or assistance under this chapter, or those whose property is…

This chapter does not encompass a person who, at the time of the emergency, was employed expressly or actually for the purpose of providing emergency medical aid to humans, either within or outside of a hospital or other place or vehicle with medical equipment, for emergency medi…

This chapter supersedes any conflicting provision of law which is inconsistent with this chapter except sections 23-27-04.1, 32-03-40, 32-03-42, 39-08-04.1, 43-12.1-12, 43-17-37, and 43-17-38.

Notwithstanding any other provision in the laws of this state, or any court rules, if a party names a defendant in a suit alleging intentional misconduct or gross negligence, as described in section 32-03.1-01, and the trial judge dismisses the complaint or grants a defendant's m…

Nothing in this chapter may be construed to bar a civil action by any injured or ill person or injured or ill person's survivors against any person for having tortiously caused an injury or emergency situation. Nothing in this chapter may be construed to relieve any person, torti…

As used in this chapter: 1. "Fault" includes acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to tort liability or dram shop liability. The term also includes strict liability for produc…

Contributory fault does not bar recovery in an action by any person to recover damages for death or injury to person or property unless the fault was as great as the combined fault of all other persons who contribute to the injury, but any damages allowed must be diminished in pr…

Notwithstanding section 32-03.2-02, in an action by any person to recover direct and indirect damages for injury to property, the damages may not be diminished in proportion to the amount of contributing fault attributable to the person recovering, or otherwise, if: 1. The person…

In any civil action for damages for wrongful death or injury to a person and whether arising out of breach of contract or tort, damages may be awarded by the trier of fact as follows: 1. Compensation for economic damages, which are damages arising from medical expenses and medica…

In awarding compensation for damages to any party, the trier of fact shall make separate findings which must specify: 1. The amount of compensation for past economic damages. 2. The amount of compensation for future economic damages. 3. The amount of compensation for noneconomic …

After an award of economic damages, the party responsible for the payment thereof is entitled to and may apply to the court for a reduction of the economic damages to the extent that the economic losses presented to the trier of fact are covered by payment from a collateral sourc…

Any pleading for damages for death or injury to a person may pray for economic and noneconomic damages separately. Any prayer for noneconomic damages of less than fifty thousand dollars or for economic damages may be for a specific dollar amount. Any prayer for noneconomic damage…

In addition to any other remedy provided by law and after a jury award of economic damages, any party responsible for the payment of any part thereof may request a review of the reasonableness of the award by the court as follows: 1. Awards in excess of two hundred fifty thousand…

If an injured party claims future economic damages for continuing institutional or custodial care that will be required for a period of more than two years, at the discretion of the court any party may request the trier of fact to make a special finding of the total amount awarde…

The jury may not be informed of the potential for the reduction of economic damages because of payments from collateral sources.

1. In any action for the breach of an obligation not arising from contract, when the defendant has been guilty by clear and convincing evidence of oppression, fraud, or malice, the court or jury, in addition to the actual damages, may give damages for the sake of example and by w…

Motions for periodic payments, reductions of awards for contributory fault and collateral source payments, for review of the reasonableness of an award, and for setting the amount of exemplary damages, must be made to the judge who presided over the trial of the action, unless th…

As used in this chapter, unless the context otherwise requires: 1. "Charitable organization" means a nonprofit organization whose primary purpose is for relief of poor, disabled, underprivileged, or abused persons, support of youth and youth programs, or the prevention of abuse t…

(Effective through June 30, 2029) 1. A charitable organization may be only held liable for money damages for a personal injury or property damage proximately caused by the negligence or wrongful act or omission of an employee acting within the employee's scope of employment. 2. T…

For purposes of this chapter: 1. "Annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement. 2. "Dependent" includes a payee's spouse and minor children and all other persons for whom the payee is legally obligated to prov…

At least three days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold and in at least fourteen-point type, setting forth: 1. The amounts and due dates of the structured settlement paymen…

A direct or indirect transfer of structured settlement payment rights is not effective and a structured settlement obligor or annuity issuer may not be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfe…

Following a transfer of structured settlement payment rights under this chapter: 1. The structured settlement obligor and the annuity issuer are discharged and released from all liability for the transferred payments as to all parties except the transferee; 2. The transferee is l…

1. An application for approval of a transfer of structured settlement payment rights under this chapter must be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maint…

The requirements of this chapter may not be waived by any payee.

Any transfer agreement entered on or after the effective date of this chapter by a payee who resides in this state must provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, must be determined in and under the laws of t…

A transfer of structured settlement payment rights may not extend to any payments that are life-contingent unless, before the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the …

A payee who proposes to make a transfer of structured settlement payment rights may not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the…

This chapter does not authorize any transfer of structured settlement payment rights in contravention of any law nor does this chapter imply that any transfer under a transfer agreement entered before August 1, 2009, is valid or invalid.

In any transfer of structured settlement payment rights, compliance with the requirements of section 32-03.4-02 and fulfillment of the conditions of section 32-03.4-03 are the sole responsibility of the transferee. Neither the structured settlement obligor nor the annuity issuer …

Any transferee that willfully violates this chapter is guilty of an infraction. A second or subsequent violation of this chapter is a class B misdemeanor.

This chapter applies to any transfer of structured settlement payment rights under a transfer agreement entered after July 31, 2009. This chapter does not imply that any transfer under a transfer agreement reached before August 1, 2009, is either effective or ineffective.

1. As used in this section: a. "Beneficiary" means: (1) A person who, under applicable law, other than the provisions of this section, has or had a right to recover damages from the convicted felon for physical, mental, or emotional injury, or pecuniary loss proximately caused by…

Any creditor may attach the property of the creditor's debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter.