Title 32 — Judicial Remedies

Repealed by S.L. 1993, ch. 324, § 5. 32-03.2-04. Economic and noneconomic damages for wrongful death or injury to 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 …

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.

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.

A writ of attachment may be issued on the request of the plaintiff before final judgment and after a summons and a complaint is filed. Except as provided in section 32-08.1-02.1, the writ may only be issued following a hearing at which the plaintiff shall present the affidavit de…

A writ of attachment may be issued on the plaintiff's request and prior to the hearing required under section 32-08.1-02 if the plaintiff's request is accompanied by an affidavit stating the basis and amount of claim against the defendant and describing facts that constitute grou…

1. Before any writ of attachment may be executed, the plaintiff or someone on the plaintiff's behalf shall make and attach thereto an affidavit stating the basis and amount of the claim against the defendant, that the same is due upon contract or upon a judgment, and that the aff…

The affidavit required by section 32-08.1-03 may be amended at any time before the trial by the substitution of a new affidavit containing allegations of facts existing at the time of making the former affidavit.

Before the writ of attachment shall be executed, a bond on the part of the plaintiff in the sum of at least five hundred dollars executed by sufficient surety shall be delivered to the officer, to the effect that if the defendant recovers judgment the plaintiff shall pay all cost…

In case the defendant is not satisfied with the amount specified in the bond or with the surety the defendant may, upon five days' notice to the plaintiff, apply to a judge for additional security and such judge may require the plaintiff to give and file another bond, to be appro…

The officer executing the writ shall return thereon all the officer's proceedings and within ten days from receipt of the bond shall file the writ, affidavit, and bond with the clerk of the court.

1. The sheriff shall without delay serve copies of the writ, affidavit, and bond upon the defendant in the same manner as the summons. In the case of a nonresident, a foreign corporation, or a foreign limited liability company, the sheriff shall serve such copies on any agent of …

To attach real estate the sheriff shall file in the office of the recorder a copy of the writ with the sheriff's certificate that by virtue of the original writ the sheriff has attached all the interest of the named defendant in such real estate, describing the same.

All the property of the defendant, not exempt from execution, may be attached. Personal property shall be attached as upon an execution and the provisions respecting the levy of an execution thereon shall be applicable to an attachment.

If there is reasonable doubt as to the ownership of the property or as to its liability to be attached, the sheriff may require sufficient security from the plaintiff to indemnify the sheriff for attaching such property.

When any property taken on a writ of attachment is likely to depreciate in value before the end of the action or the keeping thereof could cause much loss or expense, the court or a judge may order it sold in such manner as the best interests of the parties demand, and the money …

The officer shall deposit with the court the property seized by the officer and the proceeds of such as shall have been sold to answer any judgment which may be recovered in such action; and shall, subject to the direction of the court or judge, collect and deposit with the court…

The defendant may, at any time before judgment, deliver to the officer who attached the defendant's property a bond executed by two sureties, to the effect that they will, on demand, pay to the plaintiff the amount of the judgment, with all costs, that may be recovered against su…

The officer shall forthwith give the plaintiff a copy of the bond received pursuant to section 32-08.1-14 with notice of the time when the same was delivered to the officer. The plaintiff shall, within three days thereafter, give notice to the officer that the plaintiff objects t…

The court may, at any time before the trial of the action or a release of the property under section 32-08.1-15, vacate or modify the writ of attachment for irregularity or other sufficient cause, upon five days' notice of motion. The motion therefor may be combined with a motion…

Within ten days after notice of the issuing of a writ of attachment against the defendant's property, the defendant may, by special answer, deny the existence, at the time of the making of the attachment affidavit, of the material facts stated in the affidavit and may assert undu…

In making its determination of the issue raised by the special answer, the court shall consider any undue hardship on the defendant that would result from an issuance of the warrant. If the court finds for the defendant, the judge presiding shall tax the defendant's costs of such…

If the defendant prevails in the action or if the action be discontinued, the defendant shall have judgment for the damages sustained by the defendant for any damages to the defendant's property by reason of the taking and detention or sale thereof.

When the defendant recovers judgment, all the money or property held by any writ of attachment shall be delivered to the defendant, subject to the plaintiff's rights on appeal, and the defendant may maintain an action on the plaintiff's bond for the assessed damages sustained by …

When the plaintiff recovers judgment in the action, the sheriff or officer shall satisfy the same out of the property attached, if sufficient therefor: 1. By paying over to such plaintiff all money attached or received upon sales of property, or upon any debts or credits, or so m…

The actions herein authorized to be brought by the sheriff or officer may be prosecuted by the plaintiff or under the plaintiff's direction, upon the delivery by the plaintiff to the sheriff or officer of an undertaking, with two sufficient sureties, to the effect that the plaint…

If any defendant whose property is attached shall die and the judgment is in favor of the plaintiff, the property attached shall be applied to the payment of the judgment and execution may be issued on such judgment and satisfied out of the property so attached in the same manner…

Any person not a party to the action, whose property is attached, may, at any time, either before or after judgment, be made a party upon application for the purpose of removing or discharging the attachment. The court may grant such summary relief as shall be just, and may in pr…

In this chapter, unless the context or subject matter otherwise requires: 1. "Defendant" means every judgment debtor. 2. "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by other law …