Title 32, Judicial Remedies

On appointment of a receiver, the receiver has the status of a lien creditor under: 1. Chapter 41-09 as to receivership property that is personal property or fixtures; and 2. Chapter 47-19 as to receivership property that is real property.

Except as otherwise provided by law, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered before the appointment to the same extent as if the court had not appointed the receiver.

1. Unless the court orders otherwise, on demand by a receiver: a. A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or r…

1. Except as limited by court order or any other provision of law, a receiver may: a. Collect, control, manage, conserve, and protect receivership property; b. Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, coll…

1. An owner shall: a. Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties; b. Preserve and turn over to the receiver all receivership property in the owner's possession, custody, or control; c. Identify all r…

1. Except as otherwise provided in subsection 4 or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: a. To obtain possession of, exercise control over, or enforce a judgment against receivership p…

1. With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court: a. The identity and qualificati…

1. As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. 2. With court approval, a receiver may use receivership property other than in the ordinary course of business. 3. With court approval, a receiver…

1. As used in this section, "timeshare interest" means an interest having a duration of more than three years which grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year…

1. A receiver is entitled to all defenses and immunities provided by any other provision of law for an act or omission within the scope of the receiver's appointment. 2. A receiver may be sued personally for an act or omission in administering receivership property only with appr…

A receiver may file or, if ordered by the court, shall file an interim report that includes: 1. The activities of the receiver since appointment or a previous report; 2. Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the r…

1. Except as otherwise provided in subsection 6, a receiver shall give notice of appointment of the receiver to creditors of the owner by: a. Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last-known address of each creditor;…

1. The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver. 2. The court may order one or more of the following to pay the reasonable and necessary …

1. The court may remove a receiver for cause. 2. The court shall replace a receiver that dies, resigns, or is removed. 3. If the court finds that a receiver that resigns or is removed, or the representative of a receiver who is deceased, has accounted fully for and turned over to…

1. On completion of a receiver's duties, the receiver shall file a final report that includes: a. A description of the activities of the receiver in the conduct of the receivership; b. A list of receivership property at the commencement of the receivership and any receivership pr…

1. The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if: a. The per…

1. A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not: a. Make the mortgagee a mortgagee in possession of the real property; b. Make the mortg…

In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among states that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. Section 7001 et seq.], but does not modify, limit, or supersede section 101(c) of that act, [15 U.S.C. Section 7001(c)], or authorize electronic delivery of any o…

This chapter creates additional powers and optional and alternative methods for the single and specific purpose of enabling political subdivisions to pay and to compromise claims and judgments, to issue bonds to fund and satisfy the same, to levy taxes in amounts necessary for su…

As used in this chapter, unless the context otherwise requires: 1. "Claim" means any claim permitted by this chapter brought against a political subdivision for an injury caused by a political subdivision or an employee of the political subdivision acting within the scope of the …

1. Each political subdivision is liable for money damages for injuries when the injuries are proximately caused by the negligence or wrongful act or omission of any employee acting within the scope of the employee's employment or office under circumstances in which the employee w…

1. An action for injuries proximately caused by the alleged negligence, wrongful act, or omission of an employee of a political subdivision occurring within the scope of the employee's employment or office shall be brought against the political subdivision. If there is any questi…

An insurance policy or insurance contract purchased by a political subdivision or a government self-insurance pool in which a political subdivision participates pursuant to this chapter may provide coverage for the types of liabilities established by this chapter and may provide …

1. The insurance authorized by this chapter may be provided by: a. Self-insurance, which may be funded by appropriations to establish or maintain reserves for self-insurance purposes. b. An insurance company authorized to do business in this state which the commissioner has deter…

1. A political subdivision may provide funding from revenue derived from its general fund tax levy as determined by the governing body to be necessary for risk financing purposes. 2. Any unobligated balance in a political subdivision insurance reserve fund must be transferred to …

The commissioner shall be responsible for determining the specifications for the liability insurance covering the areas of risk as specified in this chapter. The commissioner shall require the insurance company to guarantee that its policy provides minimum coverages pursuant to r…

1. Except as otherwise provided in this section, an action brought under this chapter must be commenced within three years after the claim for relief has accrued. 2. An action under this chapter for relief that resulted from sexual assault, sexual abuse, gross sexual imposition, …

If a final judgment is obtained or a settlement is agreed for a claim against any political subdivision, except a school district, the governing body of the political subdivision may by resolution provide for the levy and collection of an annual tax not exceeding the limitation i…

The compromised amount of a judgment agreed upon may be made payable in stated annual installments over a period not exceeding twenty-five years and at an annual rate of interest of not more than five percent. The governing body, by a resolution adopted by an affirmative vote of …

As used in this chapter, unless the context otherwise requires: 1. "Claim" means any claim for money damages brought against the state or a state employee for an injury caused by the state or a state employee acting within the scope of the employee's employment whether in the sta…

1. The state may only be held liable for money damages for an injury proximately caused by the negligence or wrongful act or omission of a state employee acting within the employee's scope of employment under circumstances in which the employee would be personally liable to a cla…

1. An action for an injury proximately caused by the alleged negligence, wrongful act, or omission of a state employee occurring within the scope of the employee's employment must be brought against the state. 2. A state employee is not personally liable for money damages for an …

1. a. A person bringing a claim against the state or a state employee for an injury shall present to the director of the office of management and budget within one hundred eighty days after the alleged injury is discovered or reasonably should have been discovered a written notic…

The director of the office of management and budget, in consultation with the head of the state entity involved and the attorney general, may agree to submit a claim covered by the state risk management fund to mediation or binding arbitration. If a claim is submitted to arbitrat…

Upon approval of the director of the office of management and budget, an entity of the state may participate in a government self-insurance pool or may purchase insurance against liability of the entity and its employees for damages resulting from claims under this chapter. The d…

1. The director of the office of management and budget shall implement and administer a program of self-retention against liability for the state through the establishment of a risk management fund. Each entity of the state shall participate in the program by contributing the app…

The director of the office of management and budget is responsible for determining the specifications for liability insurance or coverage for the state. The director shall require an insurance company or government self-insurance pool providing coverage for the state to guarantee…

No purchase of insurance or participation in a government self-insurance pool or self-retention fund by the state may be construed as a waiver of any immunity to suit.

This chapter does not waive the state's immunity under the Eleventh Amendment to the United States Constitution in any manner, and this chapter may not be construed to abrogate that immunity.

1. The following records in the possession of the office of management and budget or a public entity are privileged and exempt and are not subject to section 44-04-18 or section 6 of article XI of the Constitution of North Dakota: a. Records containing information relating to tha…

The records of any state agency loss control committee addressing any pending or reasonably predictable claim are exempt from section 44-04-18 and are not open records under section 6 of article XI of the Constitution of North Dakota unless the director of the office of managemen…

A contract between the state and a political subdivision may not contain a provision that requires one party to assume the liability of the other or the liability of a third party or to bear the costs of defense of actions against the other or against a third party.

The department of transportation, in consultation with the risk management division, shall review all motor vehicle crashes or incidents in which a state employee is issued a traffic citation involving a state-owned or state-leased motor vehicle for purposes of making a remedial …

1. Notwithstanding any provision in this chapter to the contrary, an agency may agree to limit the liability of a contractor to the state if the agency determines such services or products cannot be effectively obtained without such limitation and the limitation does not pose any…

Any employee or official of an agency who enters a contract requiring the agency to limit the liability of the contracting party without first consulting with the office of management and budget and the attorney general's office will be deemed to be acting within the scope of the…