Title 7 — Civil Procedure

TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1201. “Process” Defined. As used in this title, the term “process” includes all forms of writs, warrants, summonses, citations, libels and orders used in judicial proceedings. Source: 6 TTC § 1.

TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1202. Designation of Process Server. (a) The court issuing any process in any proceeding may specially appoint and name in the process any person it deems suitable to execute or serve the process, except that a witne…

TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1203. Service and Execution of Process. Every official who is made responsible by law for the service or execution of process and every private person who accepts the responsibility for the service or execution of pr…

TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1204. Return of Service or Execution. The official authorized to serve or execute process shall certify, and a private person shall report under oath, or affirm by endorsement on or attached to every process delivere…

TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1205. 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 Co…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2201. 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…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2202. 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 …

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2203. 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 settl…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2204. 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 regu…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2205. 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 judgmen…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2206. 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. …

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2207. 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, rega…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2208. 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 …

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2209. 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 inj…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2210. 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 tim…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2211. 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 pur…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2212. 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 comm…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2213. 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, regard…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2214. 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 particu…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2251. 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 C…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2252. 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 deman…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2253. 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 T…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2254. 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.

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2261. 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 follow…

TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2262. 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, article…

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3201. 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 l…

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3202. 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 requi…

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3203. 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.

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3204. 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 th…

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3205. 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…

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3206. 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 6-2…

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3207. 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 actua…

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3208. 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 t…

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3209. 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.

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3251. 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…

TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3252. 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 …

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4201. 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 Direc…

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4202. 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 attac…

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4203. 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 p…

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4204. 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, …

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4205. 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…

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4206. 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 eviden…

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4207. 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 pa…

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4208. 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…

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4209. 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 i…

TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4210. 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 necessa…