Title 32, Judicial Remedies

1. On motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that: a. The award was procured by corruption, fraud, or other undue means; b. There was: (1) Evident partiality by the arbitrator; (2) Corruption by the arbitrator; or (3) Miscon…

If the meaning or effect of an award confirmed under section 32-29.4-15 is in dispute, the parties may: 1. Agree to arbitrate the dispute before the original arbitrator or another arbitrator; or 2. Proceed in court under law of this state other than this chapter governing clarifi…

1. On granting an order confirming, vacating without directing a rehearing, or amending an award under this chapter, the court shall enter judgment in conformity with the order. 2. On motion of a party, the court may order a document or part of the arbitration record be sealed or…

If a party requests under law of this state other than this chapter a modification of an award confirmed under section 32-29.4-15 or judgment on the award based on a fact occurring after confirmation: 1. The parties shall proceed under the dispute-resolution method specified in t…

1. The court shall enforce an award confirmed under section 32-29.4-15, including a temporary award, in the manner and to the same extent as any other order or judgment of a court. 2. The court shall enforce an arbitration award in a family law dispute confirmed by a court in ano…

1. An appeal may be taken under this chapter from: a. An order granting or denying a motion to compel arbitration; b. An order granting or denying a motion to stay arbitration; c. An order confirming or denying confirmation of an award; d. An order correcting an award; e. An orde…

1. An arbitrator or arbitration organization acting in that capacity in a family law dispute 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 provided by this section supplements any immunity unde…

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act [Pub. L. 106-229; 114 Stat. 464; 15 U.S.C. 7001 et seq.], but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize elect…

This chapter applies to arbitration of a family law dispute under an arbitration agreement made after July 31, 2019. If an arbitration agreement was made before August 1, 2019, the parties may agree in a record this chapter applies to the arbitration.

As used in this chapter: 1. "Lender-owner" means any person who by virtue of foreclosure, whether by action, advertisement, or voluntary, nonjudicial foreclosure, or upon receipts of an assignment, bill of sale, or deed in lieu of foreclosure, becomes the owner of property. 2. "R…

1. Except as preempted by federal law, a person may not be deemed to be an owner or operator of property who, without participating in the management of the property, holds indicia of ownership primarily to protect a security or lien hold interest in the property or in property i…

This chapter applies to a lender-owner or representative as long as the lender-owner or representative makes reasonable efforts to resell the property and does not affect any liability expressly created under federal or state health or environmental statutes, rules, permits, or o…

This chapter applies to civil actions filed on or after August 1, 1993.

1. As used in this section: a. "Environmental audit" means a voluntary, internal, and comprehensive evaluation of a facility or activity which is intended to prevent noncompliance with environmental laws, rules, or permits enforced by a regulatory agency under chapter 23.1-04, 23…

For purposes of this chapter, unless the context otherwise requires: 1. "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbsestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of th…

1. Within thirty days after an asbestos action is filed, the plaintiff shall: a. Provide the court and parties with a sworn statement signed by the plaintiff and plaintiff's counsel indicating an investigation of all asbestos trust claims has been conducted and all asbestos trust…

1. A defendant may file a motion requesting a stay of the proceedings by the later of the seventy-fifth day before the trial is set to commence or the fifteenth day after the defendant first obtains information supporting additional trust claims by the plaintiff. The defendant sh…

1. Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. A claim of privilege does not apply to any trust claims materials or trust governance documents. 2. A defendant in an asbestos action may seek discov…

At least thirty days before trial, the plaintiff shall provide the court with documentation identifying each claim the plaintiff has made against an asbestos trust. The court shall enter the documentation into the record.

1. The court may impose any sanction provided by court rule or law upon the motion of a defendant or judgment debtor seeking sanctions or other relief for failure to comply with the requirements of this chapter. 2. If the plaintiff files an asbestos trust claim after the plaintif…

In this chapter, unless the context otherwise requires: 1. "AMA guides" means the "Guides to the Evaluation of Permanent Impairment", American medical association, (6th edition). 2. "Asbestos action" means the same as that term is defined in section 32-46.1-01. 3. "Asbestosis" me…

1. In addition to any requirements for asbestos actions under chapter 32-46.1, a plaintiff in an asbestos action shall file, within forty-five days after any complaint is filed in an asbestos action, a sworn information form signed by the plaintiff and plaintiff's counsel specify…

1. In addition to any requirements for asbestos actions under chapter 32-46.1 and the required sworn information form required by section 32-46.2-02, a plaintiff in an asbestos action shall include with any complaint a detailed narrative medical report, signed by a qualified phys…

An asbestos action related to an alleged nonmalignant asbestos-related condition may not be brought or maintained in the absence of prima facie evidence the exposed individual has a physical impairment for which asbestos exposure was a substantial contributing factor. The prima f…

1. An asbestos action related to an alleged asbestos-related malignant condition may not be brought or maintained in the absence of prima facie evidence that the exposed individual has a malignant condition for which asbestos exposure was a substantial contributing factor. The pr…

1. Evidence relating to the prima facie showings required under this chapter does not create a presumption the exposed individual has an asbestos-related impairment and is not conclusive as to the liability of any defendant. 2. Evidence may not be offered at trial and the jury ma…

1. The period of limitations for an asbestos action that is not barred as of August 1, 2021, may not accrue, nor may the running of limitations commence, before the earlier of the date: a. The exposed individual received a medical diagnosis of an asbestos-related impairment; b. T…