Title 7, Civil Procedure

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…

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 to adjudicate title to any interest in such property, where any defen…

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 mailing, postage prepaid, a copy of the order to the absent defendant at…

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 within the Commonwealth, but any adjudication shall, as regards the absen…

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 defendant to plead, on payment of such costs as the court deems best; prov…

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 CMC § 3402. Source: PL 3-19, § 1; see also N.M.I. C…

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 privilege under this subdivision: (1) In a civil proce…

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 privileged. (b) No statement made in such a conversati…

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 thereof, shall be admissible to prove the act, transa…

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 in writing of the person making the same (other th…

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 Forms of Acknowledgment” and may be referred to by th…

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 territory or insular possession of the United States…

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 Court for the Northern Mariana Islands. Nor shall ev…

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 records concerning confidential communications for any…

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 occurs after the victim’s death; (4) A communication re…

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, criminal, or administrative proceeding, then either part…

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, or counsel. An inference may not be drawn from th…

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 communication or further the counseling process and tha…

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 Revised Uniform Contribution Among Tortfeasors Act approved by the National Conference…

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 wrongful death, there is a right of contribution among them even though judgment…

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 of some as a group constitutes a single share; and (c) Principles of equity appl…

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) Where a judgment has been entered in an action against two or more tortfeasors for th…

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 wrongful death: (a) It does not discharge any of the other tortfeasors from liabi…

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 cause of action accrued prior to the effective date of this chapter, and to this …

Single Publication: One Cause of Action. No person shall have more than one cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any one edition of a newspaper or book or …

Judgment as Bar to Other Actions. A judgment in any jurisdiction or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in 7 CMC § 2411 shall bar any other action for damages by the …

Authority of Court to Render. In a case of actual controversy within its jurisdiction, the Commonwealth Trial Court, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking the declaration, whether or not furthe…

Conciliation Jurisdiction. (a) The Commonwealth Trial Court may, at the request of a party to any civil controversy (other than annulment, divorce and adoption), endeavor to effect an amicable settlement of the controversy, and to that end, may invite the other party or parties t…

Bounced Checks: Definitions. As used in this article: (a) “Bank” includes depository. (b) “Check” includes any draft or order upon any bank or depository or upon or to any person for the payment of money. (c) “Payee” includes any transferee of the payee. (d) “Person” includes any…

Bounced Checks: Treble Damage and Attorney’s Fees. (a) Any person, who makes, utters, draws or delivers any check, payment of which is refused or dishonored due to lack of funds or credit to pay, or is refused or dishonored because the maker has no account with the drawee bank un…

Definitions. As used in this article, the following terms have the following meanings: (a) “Defendant” means a person (including corporation, association, partnership and firm or governmental entity) against whom a litigation is brought or maintained or sought to be brought or ma…

Security. In any litigation pending in any Commonwealth court, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to 7 CM…