Title 7, Civil Procedure

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 recover damages in respect thereof if death had not ensued, the person or corp…

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 for the exclusive benefit of the surviving spouse, the children and other nex…

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, to the persons for whose benefit the action was brought; provided, however, th…

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 by a jury of six persons. Provided however, that t…

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 challenges; if there is more than one defendant, t…

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 competent to serve as a juror unless he or she: (a) …

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 the performance of official duties; (c) Public offi…

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 or excused from service as jurors by court order b…

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 refilled by the clerk of court or an assistant clerk …

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 expense or unduly burden the residents of any part o…

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 bystanders. Source: 5 TTC § 508; amended by PL 17-41 §…

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 summons to the Director of Public Safety or the chi…

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 perform such duty truly and impartially. Source: 5 T…

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.

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 cross-reference to 1 CMC § 3402 in this section is in…

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 of money may be a writ of execution or an order in aid of judgment, as provided in chapt…

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 been finally determined or after an order has been entered that an appeal shall not…

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 being filed or after any appeal duly taken has been finally determined or after an…

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 property and disposing of it in accordance with the orders of the court, or by a civ…

“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.

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 witness summons may not be served by a party or by a person who is less tha…

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 process shall serve or execute such process as prescribed by law within …

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 delivered to the person for execution or service the manner and time of execut…

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…