North Dakota Code 32-29.4-06 – Motion for judicial relief
1. A motion for judicial relief under this chapter must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.
Terms Used In North Dakota Code 32-29.4-06
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. On motion of a party, the court may compel arbitration if the parties have entered an arbitration agreement that complies with section 32-29.4-04 unless the court determines under section 32-29.4-11 the arbitration should not proceed.
3. On motion of a party, the court shall terminate arbitration if it determines:
a. The agreement to arbitrate is unenforceable; b. The family law dispute is not subject to arbitration; or
c. Under section 32-29.4-11, the arbitration should not proceed.
4. Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.