Title 7 — Civil Procedure
21 chapters · 163 sections in this title.
7 CMC § 3202 Execution or Service Fees: Prepayment for Service
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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…
7 CMC § 3203 Execution or Service Fees: Disposition of Proceeds
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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.
7 CMC § 3204 Witness Fees: Effect of Failure to Tender
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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…
7 CMC § 3205 Proceedings When Persons Unable to Pay Fees
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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…
7 CMC § 3206 Disposition of Court Fees
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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…
7 CMC § 3207 Taxation of Additional Costs
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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…
7 CMC § 3208 Allocation of Costs
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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…
7 CMC § 3209 Apportionment of Costs
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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.
7 CMC § 3251 Court Fines
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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…
7 CMC § 3252 Civil Fines
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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 …
7 CMC § 4201 Writs of Attachment
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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…
7 CMC § 4202 Release and Modification
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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…
7 CMC § 4203 Writs of Execution
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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…
7 CMC § 4204 Levying Execution
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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, …
7 CMC § 4205 Orders in Aid of Judgment; Application
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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…
7 CMC § 4206 Orders in Aid of Judgment; Hearings
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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…
7 CMC § 4207 Orders in Aid of Judgment; Modification of Orders
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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…
7 CMC § 4208 Orders in Aid of Judgment; Punishment of Violators
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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…
7 CMC § 4209 Orders in Aid of Judgment; Stay of Execution
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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…
7 CMC § 4210 Exemptions
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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…
7 CMC § 1301 Order to Appear or Plead
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TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1301. Order to Appear or Plead. In any action in the Commonwealth Trial Court for annulment, divorce or adoption or to enforce or remove any lien upon or claim to real or personal property within the Commonwealth, or…
7 CMC § 1302 Personal Service of Order
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TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1302. Personal Service of Order. Such orders may be served on the absent defendant personally, wherever found, or, in the case of property, upon the person or persons in possession or charge thereof, if any, or by ma…
7 CMC § 1303 Procedure if Absent Defendant Fails to Appear or Plead
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TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1303. Procedure if Absent Defendant Fails to Appear or Plead. If an absent defendant does not appear or plead within the time allowed, the court may proceed as if the absent defendant had been served with process wit…
7 CMC § 1304 Setting Aside Judgment
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TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1304. Setting Aside Judgment. Any defendant not so personally notified may at any time within one year after final judgment enter an appearance and the court shall thereupon set aside the judgment and permit the defe…
7 CMC § 2301 Short Title and Purpose. [Repealed by PL 15-22.]
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2301. Short Title. [Repealed] Source: PL 5-12, § 1; repealed by PL 15-22, § 3. Commission Comment: PL 5-12 took effect June 24, 1986.
7 CMC § 2302 Purpose. [Repealed by PL 15-22.]
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2302. Purpose. [Repealed] Source: PL 5-12, § 1; repealed by PL 15-22, § 3.
7 CMC § 2303 Definitions. [Repealed by PL 15-22.]
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2303. Definitions. [Repealed] Source: PL 5-12, § 2; amended by PL 9-68, § 6; repealed by PL 15-22, § 3. Commission Comment: PL 9-68 that amended subsection (g) of this section took effect on October 31, 1995.…
7 CMC § 2304 Request for Defense; Payment of Defense, Settlement or Judgment; Implied Right of Indemnification; Findings Required. [Repealed by PL 15-22.]
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2304. Request for Defense; Payment of Defense, Settlement or Judgment; Implied Right of Indemnification; Findings Required. [Repealed] Source: PL 5-12, § 3; repealed by PL 15-22, § 3.
7 CMC § 2305 General Rule: Indemnification of Employee by Public Entity Required. [Repealed by PL 15-22.]
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2305. General Rule: Indemnification of Employee by Public Entity Required. [Repealed] Source: PL 5-12, § 4; repealed by PL 15-22, § 3.
7 CMC § 2306 General Rule: Indemnification of Public Entity by Employee Not Required. [Repealed by PL 15-22.]
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2306. General Rule: Indemnification of Public Entity by Employment Not Required. [Repealed] Source: PL 5-12, § 5; repealed by PL 15-22, § 3.
7 CMC § 2307 Application of Chapter. [Repealed by PL 15-22.]
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2307. Application of Chapter. [Repealed] Source: PL 5-12, § 6; repealed by PL 15-22, § 3.
7 CMC § 3301 Rules of Evidence Adopted by Judiciary: Exception
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3301. Rules of Evidence Adopted by Judiciary: Exception. Except as provided in this chapter, the admission and exclusion of evidence shall be in accordance with the rules of evidence adopted by the Commonwealth judiciary pursuant to 1 …
7 CMC § 3302 Privileges: Spouses
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3302. Privileges: Spouses. (a) Privileges: Spouses. Neither husband nor wife may be compelled to testify against the other in the trial of an information, complaint, citation or other criminal proceeding. (b) Exception. There is no pri…
7 CMC § 3303 Privileges: Certain Conversations With Anthropologists Privileged
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3303. Privileges: Certain Conversations With Anthropologists Privileged. (a) Subject to the limitations provided in this section, conversations held with an anthropologist in confidence in his or her professional character shall be pri…
7 CMC § 3304 Authentication of Records: Official Records
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3304. Authentication of Records: Official Records. Books or records of account or minutes of proceedings of any department or agency of the United States of America, the Commonwealth, or of the Trust Territory, or of any predecessor th…
7 CMC § 3305 Declaration Under Penalty of Perjury
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3305. Declaration Under Penalty of Perjury. Whenever, under any law of the Commonwealth, any matter is required or permitted to be supported or proved by the sworn statement, declaration, verification, certification, oath, or affidavit…
7 CMC § 3306 Short Forms of Acknowledgment
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3306. Short Forms of Acknowledgment. The forms of acknowledgment set forth in this section may be used and are sufficient for their respective purposes under any law of this Commonwealth. This form shall be known as “Statutory Short Fo…
7 CMC § 3307 Acknowledgment Under Law of Other States and Countries
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3307. Acknowledgment Under Law of Other States and Countries. The acknowledgment of any instrument without the Commonwealth in compliance with the manner and form prescribed by the laws of the place of its execution, if in a state, a t…
7 CMC § 3308 Evidence in Eminent Domain
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3308. Evidence in Eminent Domain Actions. No offer or counteroffer for the sale, purchase or exchange of land shall be admissible as evidence in any eminent domain action in either the Commonwealth Trial Court or the Federal District C…
7 CMC § 3309 Compulsory Disclosure of Communications Prohibited
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3309. Compulsory Disclosure of Communications Prohibited. (a) Except as provided in 7 CMC § 3310 or 7 CMC § 3311 below, a victim or victim counselor may not be compelled, without appropriate consent, to give testimony or to produce rec…
7 CMC § 3310 Exceptions
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3310. Exceptions. The privilege provided under 6 CMC § 3309 does not apply to (1) Reports of suspected child abuse or neglect under 6 CMC §§ 5311-5316; (2) Evidence that the victim is about to commit a crime; (3) A proceeding that occu…
7 CMC § 3311 Waiver
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3311. Waiver. (a) A victim does not waive the protections provided in 7 CMC § 3309 by testifying, except that, if the victim partially discloses the contents of a confidential communication in the course of testifying in a civil, crimi…
7 CMC § 3312 Inference from Claim of Privilege; Instruction
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3312. Inference from Claim of Privilege; Instruction. (a) The claim of a privilege under 7 CMC § 3309, whether in a present proceeding or upon a prior occasion, is not a proper subject of comment by a judge, hearing officer, legislator…
7 CMC § 3313 Definitions
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3313. Definitions. In §§ 3309-3312 of this chapter, (a) “Confidential communication” means information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate comm…
7 CMC § 4301 Short Title
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4301. Short Title. This chapter may be cited as the Contribution Among Joint Tortfeasors Act. Source: 6 TTC § 551. Commission Comment: Many provisions in this chapter are similar to provisions in the Revis…
7 CMC § 4302 Right of Contribution
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4302. Right of Contribution. (a) Except as otherwise provided in this chapter, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same…
7 CMC § 4303 Pro-Rata Shares
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4303. Pro-Rata Shares. In determining the pro rata shares of tortfeasors in the entire liability: (a) Their relative degrees of fault may not be considered; (b) If equity requires, the collective liability…
7 CMC § 4304 Enforcement
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4304. Enforcement. (a) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action. (b) Wher…
7 CMC § 4305 Release or Covenant Not to Sue
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4305. Release or Covenant Not to Sue. When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same …
7 CMC § 4306 Retroactivity
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4306. Retroactivity. This act shall not be deemed to create any right or remedy to any joint tortfeasor in favor of whom the provisions of this chapter would otherwise apply, where such joint tortfeasor’s …