Title 32, Judicial Remedies

The trustee shall: 1. Take possession of the premises. 2. Pay, to the extent funds are available, all utilities, taxes, insurance, and expenses of maintenance and operation. 3. Receive the rentals from tenants. 4. Remove tenants for nonpayment of rent or for any other cause permi…

The appointment of a trustee continues until: 1. The expiration of the period of redemption; 2. The redemption of the premises by the mortgagor or contract vendee; 3. The voluntary dismissal of the foreclosure or cancellation action; or 4. Removal of the trustee by the court. Wit…

Upon the trustee's account becoming final, the trustee shall pay all remaining funds, less the trustee's fee and expenses, to the mortgagor or contract vendee or to such other person as may be otherwise provided by law. The trustee is entitled to a fee as set by the court. All ex…

This chapter does not apply to a commercial real estate receivership under chapter 32-10.1.

As used in this chapter: 1. "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers in an arbitration proceeding or is involved in the appointment of an arbitrator. 2. "Arbitrator" means a…

1. Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. 2. A person has notice if the pe…

1. This chapter governs an agreement to arbitrate made after July 31, 2003. 2. This chapter governs an agreement to arbitrate made before August 1, 2003, if all the parties to the agreement or to the arbitration proceeding so agree in a record. 3. After July 31, 2005, this chapte…

1. Except as otherwise provided in subsections 2 and 3, a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this chapter to the extent permitted by law. 2. Before a controversy arises that is s…

1. Except as otherwise provided in section 32-29.3-28, an application for judicial relief under this chapter must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. 2. Unless a civil action involving the agreeme…

1. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. 2. The …

1. On motion to a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: a. If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and b. If the refusing …

1. Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same exte…

1. A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by …

1. Except as otherwise provided in subsection 3, upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if: a. There are separate agreements to arbi…

1. If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a su…

1. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable pers…

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them must conduct the hearing under subsection 3 of section 32-29.3-15.

1. An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. 2. The immunity afforded by this section supplements any immunity under other law. 3. The f…

1. An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proc…

A party to an arbitration proceeding may be represented by a lawyer.

1. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by …

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 32-29.3-19. A prevailing party may make a motion to the court for an expedited order to confirm t…

1. An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the …

1. On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: a. Upon a ground stated in subdivision a or c of subsection 1 of section 32-29.3-24; b. Because the arbitrator has not made a final and definite award upon a clai…

1. An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim. 2. An a…

After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 32-29.3-20 or 32…

1. Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: a. The award was procured by corruption, fraud, or other undue means; b. There was: (1) Evident partiality by an arbitrator appointed as a n…

1. Upon motion made within ninety days after the movant receives notice of the award pursuant to section 32-29.3-19 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 32-29.3-20, the court shall modify or correct the award …

1. Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action. 2. A court may …

1. A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. 2. An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this chapt…

A motion pursuant to section 32-29.3-05 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be made…

1. An appeal may be taken from: a. An order denying a motion to compel arbitration; b. An order granting a motion to stay arbitration; c. An order confirming or denying confirmation of an award; d. An order modifying or correcting an award; e. An order vacating an award without d…

The provisions of sections 32-29.3-01 and 32-29.3-19 which relate to the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures must be construed to conform to the requiremen…

In this chapter: 1. "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration. 2. "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration …

1. This chapter governs arbitration of a family law dispute. 2. This chapter does not authorize an arbitrator to make an award that: a. Grants a legal separation, divorce, or annulment; b. Terminates parental rights; c. Grants an adoption or a guardianship of a child or incapacit…

1. Except as otherwise provided in this chapter, the law applicable to arbitration is chapter 32-29.3. 2. In determining the merits of a family law dispute, an arbitrator shall apply the law of this state, including its choice of law rules.

1. An arbitration agreement must: a. Be in a record signed by the parties; b. Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and c. Identify the family law dispute the parties intend to arbitrate. 2. An agreement in a record to arbit…

A party may initiate arbitration by giving notice to arbitrate to the other party in the manner specified in the arbitration agreement or, in the absence of a specified manner, under the law and procedural rules of this state other than this chapter governing contractual arbitrat…

1. A motion for judicial relief under this chapter must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter. 2. On motion of …

1. Except as otherwise provided in subsection 2, unless waived in a record by the parties, an arbitrator must be: a. An attorney in good standing admitted to practice or on inactive status or a judge on retired status in a state; and b. Trained in identifying domestic violence an…

1. Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to affect: a. The impartiality of the arbitrator in the arbitration, including bias, a financial …

1. A party may: a. Be represented in an arbitration by an attorney; b. Be accompanied by an individual who will not be called as a witness or act as an advocate; and c. Participate in the arbitration to the full extent permitted under the law and procedural rules of this state ot…

1. Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order in accordance with rule 8.2 of the North Dakota Rules of Court. 2. After an arbitrator is selected: a. The arbitrator may make a temporary award in accordance with rul…

1. In this section, "protection order" means an injunction or other order, issued under the domestic violence, family violence, or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or …

1. An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute. 2. An arbitrator shall provide each party a right to be heard, to present evidence material to the family law dispute, and to cros…

Except as otherwise required by law of this state other than this chapter, an arbitration hearing need not be recorded unless required by the arbitrator, provided by the arbitration agreement, or requested by a party.