Title 7, Civil Procedure

Judicial Rules of Civil Procedure. Except as provided in this chapter, the issuance, service and return of process shall be as prescribed in the rules of practice or procedure adopted by the judiciary of the Commonwealth Trial Court. Source: See N.M.I. Const. art. IV, § 8; 1 CMC …

Short Title and Definitions. (a) This article may be cited as the Government Liability Act of 1983, as amended. (b) Definitions. As used in this Chapter: (1) “Act” includes any omission or failure to act. (2) “Claim” is a demand for compensation for injury or loss to person or pr…

Limitation of Tort Liability. (a) The Commonwealth government shall be liable in tort for damages arising from the negligent acts of employees of the Commonwealth acting within the scope of their office or employment; provided, that: (1) The Commonwealth and any employees engaged…

Attorney Fees; Penalty. (a) No attorney may charge, demand, receive, or collect for services rendered, fees (excluding costs) in excess of 25 percent of any compromise or settlement, if the case is settled prior to trial; 33-1/3 percent of any judgment, award, compromise or settl…

Exceptions. The government is not liable for the following claims: (a) Any claim based upon an act or omission of an employee of the government, exercising due care, in the execution of a statute or regulation, whether or not the statute or regulation is valid, or based upon the …

Settlement of Claims and Payment of Judgments. (a) The Attorney General may compromise or settle any claim asserted hereunder, whether asserted by initial claim, civil action, or otherwise. Money judgments rendered against the Commonwealth shall only be paid from funds specifical…

Civil Actions by the Commonwealth Government Not Limited. Nothing in this article shall be construed as a limitation upon the right of the Commonwealth to bring a civil action upon claims of any nature. In any civil action brought by the Commonwealth, the jurisdiction of the cour…

Retroactivity. (a) The provisions of this article shall apply to every claim or action for tort liability which has not been reduced to judgment as of the effective date of this article, as amended, regardless of when the action was filed. (b) Notwithstanding subsection (a), the …

Exclusiveness of Remedy. (a) The authority of any Commonwealth agency to sue or be sued in its own name shall not be construed to authorize suits against such agency or its employees on claims which are cognizable under this Title and the remedies provided by this Title in such c…

Representation by Attorney General. The Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Commonwealth or his estate for any such damage or injury. The employee against whom such civil action or proceeding is brought sha…

Certification by Attorney General; Rule-making Authority. (a) Upon certification by the Attorney General that the defendant employee was acting within the scope of his/her office or employment at the time of the incident out of which the claim arose, any civil action or proceedin…

Extension of Limitation on Tort Liability. (a) 7 CMC §§ 2202, 2203, 2204, 2206, 2207, 2251, 2252, and 2253 shall apply to public corporations, boards, and commissions organized and existing under and pursuant to the laws of the Commonwealth, to the same extent as the sections app…

Payment of Certain Judgments. The provisions of 7 CMC §§ 2205 and 2254 apply to judgments rendered against public corporations, boards, and commissions, except those public corporations, boards, and commissions: (a) Which do not receive funds appropriated by the legislature for o…

Retroactivity. (a) Except as set forth in subsection (b) of this section, the provisions of this article shall apply to every action which has not been reduced to judgment as of February 27, 1986, regardless of when the action was filed. (b) The provisions of 7 CMC § 2203 shall n…

Waiver. The Commonwealth, and any public corporation, board, or commission organized and existing under and pursuant to the laws of the Commonwealth, may waive the provisions of 7 CMC § 2253 in a particular case, and may demand a trial by jury to the same extent as a private part…

Other Actions Against the Commonwealth Government. Except as otherwise provided in article 1 of this chapter (commencing with 7 CMC § 2201), actions upon the following claims may be brought against the Commonwealth government in the Commonwealth Trial Court which shall have exclu…

Set-offs and Counterclaims. In any claim or proceeding brought pursuant to this article, the jurisdiction of the Commonwealth Trial Court shall extend to any set-off, counterclaim or other claim or demand whatever on the part of the Commonwealth government against any plaintiff c…

Trial by Court. Notwithstanding the provisions of chapter 3 of this division (commencing with 7 CMC § 3101), all actions brought under this article shall be tried by the court without a jury. Source: 6 TTC § 251, modified.

Payment of Judgments. Judgments rendered pursuant to this article shall be paid from such funds as may be appropriated by the Commonwealth Legislature for that purpose. Source: 6 TTC § 251.

Waiver of Certain Aspects of Government Immunity Permitted. The board of directors either of Mariana Islands Housing Authority or of Commonwealth Development Authority may waive some or all of the following provisions of title 7, division 2, chapter 2, articles 1 [7 CMC § 2201 et…

Waiver of Certain Aspects of Government Immunity Permitted. The Governor or his duly authorized representative may waive some or all of the following provisions of title 7, division 2, chapter 2, articles 1 [7 CMC § 2201 et seq.] and 2 [7 CMC § 2211 et seq.]: (a) 7 CMC § 2205; (b…

Judicial Fees Set by Judiciary. Judicial fees, including jury fees, juror fees, mileage fees, execution or service fees, travel or subsistence fees for witnesses, court filing fees, appeal fees, copying and transcript fees, and land transfer fees shall be as prescribed in the rul…

Execution or Service Fees: Prepayment for Service. Except when the process is issued on behalf of the Commonwealth or an officer or agency thereof or under 7 CMC § 3205, any person authorized to serve or execute process may require the person requesting service or execution to pr…

Execution or Service Fees: Disposition of Proceeds. All fees collected for services and travel in serving or executing process shall be remitted to the Commonwealth Treasurer. Source: 6 TTC § 33.

Witness Fees: Effect of Failure to Tender. The failure to tender the sums specified in the rules on judicial fees adopted by the Commonwealth judiciary for mileage or subsistence, or any part of either or both, does not exempt the witness from complying with the summons if the wi…

Proceedings When Persons Unable to Pay Fees. (a) The court may authorize the commencement, prosecution or defense of any case, action or proceeding, civil or criminal, or any appeal therein, without prepayment of fees for serving of process, jury fees, witness fees or filing fees…

Disposition of Court Fees. All court fees collected by the clerk of court shall be remitted monthly or as more often as may be directed by the Presiding Judge, to the Commonwealth Treasurer. Source: 6 TTC § 406; amended by PL 6-25, § 5. Commission Comment: See 1 CMC § 3405, estab…

Taxation of Additional Costs. The court may allow and tax any additional items of cost or actual disbursement, other than fees of counsel, which it deems just and finds have been necessarily incurred for services which were actually and necessarily performed. Source: 6 TTC § 407.

Allocation of Costs. All fees and expenses paid or incurred under this chapter for the service of process, witness fees, of filing fees on appeal, by any party prevailing in any matter other than a criminal proceeding, shall be taxed as part of the costs against the losing party …

Apportionment of Costs. Where there is more than one prevailing or losing party, costs may be apportioned by the court as it deems just. Source: 6 TTC § 409.

Court Fines. All fines imposed by the court shall be paid into the Commonwealth Treasury. Source: 6 TTC § 451. Commission Comment: See 1 CMC § 3405, establishing the Judicial Building Fund and requiring that fines remitted to the Commonwealth Treasury pursuant to this section and…

Civil Fines. (a) Any fines imposed in accordance with law by anyone other than a court shall be paid into the Commonwealth Treasury unless the law under which it is imposed otherwise directs. Such fines shall be considered civil fines and no person may be imprisoned solely for fa…

Writs of Attachment. (a) Writs of attachment may be issued only by the court for special cause shown supported by statement under oath. Such writs when so issued shall authorize and require the Director of Public Safety, any police officer, or other person named in it, to attach …

Release and Modification. The court, upon application of either party or of its own motion, may make and, from time to time, modify such orders as it deems just for the release of property from attachment or for its sale if perishable or if the owner of the property shall so requ…

Writs of Execution. The court, at the request of the party recovering any civil judgment in that court for the payment of money, shall issue a writ of execution against the personal property of the party against whom the judgment has been rendered, except as provided in 7 CMC § 4…

Levying Execution. The Director of Public Safety, police officer or other person duly authorized receiving a writ of execution issued by any court, shall levy or cause the Director of Public Safety, or police officer to levy execution as follows: (a) Demand of Payment; Seizure of…

Orders in Aid of Judgment; Application. At any time after a finding of the payment of money by one party to another, and before any judgment based thereon has been satisfied in full, either party may apply to the court for an order in aid of judgment. Thereupon the court, after n…

Orders in Aid of Judgment; Hearings. (a) At the hearing provided by 7 CMC § 4205, the debtor may be examined orally before the court, or the court may refer the examination to a master to take evidence and report his or her findings. In either case any evidence properly bearing o…

Orders in Aid of Judgment; Modification of Orders. Any order in aid of judgment made under this chapter may be modified by the court as justice may require, at any time, upon application of either party and notice to the other, or on the court’s own motion. Source: 8 TTC § 57.

Orders in Aid of Judgment; Punishment of Violations. If any debtor fails without good cause to comply with any order in aid of judgment made under this chapter, the debtor may be adjudged in contempt as a civil matter, after notice to show cause why the debtor should not be so ad…

Orders in Aid of Judgment; Stay of Execution. (a) After an application for an order in aid of judgment has been filed in any action, no writ of execution may be issued thereon except under an order in aid of judgment as provided in this chapter, or by special order of the court f…

Exemptions. The following described property is exempt from attachment and execution: (a) Personal and Household Goods. All necessary household furniture, cooking and eating utensils, and all necessary wearing apparel, bedding, and provisions for household use sufficient for four…