Title 7 — Civil Procedure
21 chapters · 163 sections in this title.
7 CMC § 1101 Application of Chapter
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TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1101. Application of Chapter. This chapter applies to service of process in all actions and proceedings properly before or in a court of jurisdiction within the Commonwealth including the Commonwealth Trial Court, a …
7 CMC § 1102 Acts Submitting to Jurisdiction
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TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1102. Acts Submitting to Jurisdiction. (a) Any person, whether or not a citizen or resident of the Commonwealth, who in person or through an agent does any of the acts enumerated in this section, thereby submits such…
7 CMC § 1103 Service in Cases of Operations of Motor Vehicles
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TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1103. Service in Cases of Operations of Motor Vehicles. (a) The use and operation by any person, whether a resident or nonresident of the Commonwealth, of any motor vehicle within the Commonwealth is deemed equivalen…
7 CMC § 1104 Manner of Service
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TITLE 7: CIVIL PROCEDURE DIVISION 1: JURISDICTION AND PROCESS § 1104. Manner of Service. (a) When service of process is provided by 7 CMC §§ 1102 and 1103, service shall be made by leaving a certified copy with the Attorney General, who shall keep a record of each such process an…
7 CMC § 2101 Liability in Action for Wrongful Death; Proceedings
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2101. Liability in Action for Wrongful Death; Proceedings. (a) When the death of a person is caused by wrongful act, neglect or default such as would have entitled the party injured to maintain an action and r…
7 CMC § 2102 Action to be Brought in Name of Personal Representative; Beneficiaries of Action
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2102. Action to be Brought in Name of Personal Representative; Beneficiaries of Action. Every action for wrongful death must be brought in the name of the personal representative of the deceased, but shall be …
7 CMC § 2103 Damages; Settlement by Personal Representative
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TITLE 7: CIVIL PROCEDURE DIVISION 2: ACTIONS AND SPECIAL PROCEEDINGS § 2103. Damages; Settlement by Personal Representative. (a) Except as provided for in 7 CMC § 2202(a), the court may award damages as it may think proportioned to the pecuniary injury resulting from the death, t…
7 CMC § 3101 Right to Trial by Jury
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3101. Right to Trial by Jury. (a) Criminal Actions. Any person accused by information of committing a criminal offense punishable by five years imprisonment or more, or by a fine of $2,000 or more, or both, shall be entitled to a trial…
7 CMC § 3102 Challenges in Civil Actions
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3102. Challenges in Civil Actions. In civil cases tried before a jury, each party shall be entitled to two peremptory challenges. Several defendants or several plaintiffs shall be considered as a single party for the purposes of making…
7 CMC § 3103 Qualifications of Jurors
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3103. Qualifications of Jurors. Any citizen of the Trust Territory or of the United States who has attained the age of 18 years and who has resided within the Commonwealth for a period of one year immediately prior to jury service is c…
7 CMC § 3104 Exemptions from Jury Service
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3104. Exemptions from Jury Service. The following persons are exempt from jury service: (a) Members in actual service in the armed forces of the United States; (b) Members of the Department of Public Safety who are actively engaged in …
7 CMC § 3105 Exclusion or Excuse from Service
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3105. Exclusion or Excuse from Service. (a) A judge may, for good reason, excuse or exclude from jury service any person called as a juror. (b) Any class or group of persons may, for the public interest, be excluded from the jury panel…
7 CMC § 3106 Manner of Drawing Jurors
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3106. Manner of Drawing Jurors. (a) The names of jurors for an array shall be publicly drawn from a box containing the names of not less than 100 qualified persons at the time of each drawing. The jury box shall from time to time be re…
7 CMC § 3107 Apportionment of Jurors throughout the Commonwealth
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3107. Apportionment of Jurors Throughout Commonwealth. (a) Jurors shall from time to time be selected from such parts of the Commonwealth as the court directs so as to be most favorable to an impartial trial and not incur unnecessary e…
7 CMC § 3108 Jurors Summoned from Bystanders
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3108. Jurors Summoned from Bystanders Whenever sufficient jurors are not available, the court may require the Department of Public Safety or the Marshals Service Division to summon a sufficient number of prospective jurors from the bys…
7 CMC § 3109 Summoning Jurors
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3109. Summoning Jurors. (a) When the court orders an array of jurors to be drawn, the clerk of court or an assistant clerk of court shall issue summonses for the number of jurors determined by the court to be required, and deliver the …
7 CMC § 3110 Disqualification of Director of Public Safety
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3110. Disqualification of Director of Public Safety. Whenever in the opinion of the court the Director of Public Safety is disqualified to summon jurors, the court may appoint some other disinterested person who shall take an oath to p…
7 CMC § 3111 Challenge for Frequency of Service
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3111. Challenge for Frequency of Service. A juror may be challenged on the ground that the juror has been summoned and served as a juror in another array within one year of the challenge. Source: 5 TTC § 511.
7 CMC § 3112 Jury Fees
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TITLE 7: CIVIL PROCEDURE DIVISION 3: TRIAL § 3112. Jury Fees. Jurors shall receive fees as set forth in the rules on judicial fees adopted pursuant to 1 CMC § 3402 by the Commonwealth judiciary. Source: PL 3-19, § 1 (§ 4) (repealing former 5 TTC § 512). Commission Comment: The cr…
7 CMC § 4101 Money Judgments
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4101 § 4101. Money Judgments. Every judgment for the payment of money shall bear interest at the rate of three percent a year from the date it is entered. The process to enforce a judgment for the payment …
7 CMC § 4102 Judgments Affecting Land
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4102. Judgments Affecting Land. A judgment adjudicating an interest in land shall, after the time for appeal therefrom has expired without notice of appeal being filed or after any appeal duly taken has be…
7 CMC § 4103 Other Judgments
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4103. Other Judgments. Judgment for any form of relief other than the payment of money or the adjudication of an interest in land, after the time for appeal therefrom has expired without notice of appeal b…
7 CMC § 4104 Other Methods of Enforcement
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TITLE 7: CIVIL PROCEDURE DIVISION 4: JUDGMENTS; ENFORCEMENT OF JUDGMENTS § 4104. Other Methods of Enforcement. Enforcement of a judgment may also be affected, if the court deems justice requires and so orders by appointment of a receiver, or receivers, by taking possession of pro…
7 CMC § 1201 "Process" Defined
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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.
7 CMC § 1202 Designation of Process Server
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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…
7 CMC § 1203 Service and Execution of Process
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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…
7 CMC § 1204 Return of Service or Execution
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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…
7 CMC § 1205 Judicial Rules of Civil Procedure
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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…
7 CMC § 2201 Short Title and Definitions
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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…
7 CMC § 2202 Limitation of Tort Liability
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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 …
7 CMC § 2203 Attorneys Fees; Penalty
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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…
7 CMC § 2204 Exceptions
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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…
7 CMC § 2205 Settlement of Claims and Payment of Judgments
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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…
7 CMC § 2206 Civil Actions by the Commonwealth Government Not Limited
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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. …
7 CMC § 2207 Retroactivity
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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…
7 CMC § 2208 Exclusiveness of Remedy
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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 …
7 CMC § 2209 Representation by Attorney General
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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…
7 CMC § 2210 Certification by Attorney General; Rule-making Authority
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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…
7 CMC § 2211 Extension of Limitation on Tort Liability
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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…
7 CMC § 2212 Payment of Certain Judgments
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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…
7 CMC § 2213 Retroactivity
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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…
7 CMC § 2214 Waiver
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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…
7 CMC § 2251 Other Actions Against the Commonwealth Government
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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…
7 CMC § 2252 Set-offs and Counterclaims
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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…
7 CMC § 2253 Trial by Court
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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…
7 CMC § 2254 Payment of Judgments
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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.
7 CMC § 2261 Waiver of Certain Aspects of Government Immunity Permitted
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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…
7 CMC § 2262 Waiver of Certain Aspects of Government Immunity Permitted
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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…
7 CMC § 2515 No Limit for Child Sexual Abuse
7 CMC § 3201 Judicial Fees Set by Judiciary
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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…