North Dakota Code 32-38-03 – Enforcement
1. Whether or not judgment has been entered in an action against two or more tort-feasors for the same injury or wrongful death, contribution may be enforced by separate action.
Terms Used In North Dakota Code 32-38-03
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. When a judgment has been entered in an action against two or more tort-feasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
3. If there is a judgment for the injury or wrongful death against the tort-feasor seeking contribution, any separate action by that tort-feasor to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.
4. If there is no judgment for the injury or wrongful death against the tort-feasor seeking contribution, the tort-feasor’s right of contribution is barred unless the tort-feasor has either discharged by payment the common liability within the statute of limitations period applicable to the claimant’s claim for relief against the tort-feasor and has commenced action for contribution within one year after payment, or agreed while action is pending against such tort-feasor to discharge the common liability and has within one year after the agreement paid the liability and commenced action for contribution.
5. The recovery of a judgment for an injury or wrongful death against one tort-feasor does not of itself discharge the other tort-feasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
6. The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.