North Dakota Code 32-46.1-02 – Required disclosures by plaintiff
1. Within thirty days after an asbestos action is filed, the plaintiff shall:
Terms Used In North Dakota Code 32-46.1-02
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
a. Provide the court and parties with a sworn statement signed by the plaintiff and plaintiff’s counsel indicating an investigation of all asbestos trust claims has been conducted and all asbestos trust claims that could be made by the plaintiff have been filed. The sworn statement must indicate whether a request has been made to defer, delay, suspend, or toll any asbestos trust claim and provide the disposition of each asbestos trust claim.
b. Provide parties with all trust claims materials, including materials related to the conditions other than those that are the basis for the asbestos action and any materials from all law firms connected to the plaintiff in relation to the plaintiff’s exposure to asbestos.
c. Produce all available trust claims materials submitted to any asbestos trusts by other individuals if the plaintiff’s asbestos trust claim is based on exposure to asbestos through those individuals.
2. The plaintiff shall supplement the information and materials required under this section within thirty days after supplementing an existing asbestos trust claim, receiving additional information or materials related to an asbestos trust claim, or filing an additional asbestos trust claim.
3. The court may dismiss an asbestos action if the plaintiff fails to comply with this section.
4. An asbestos action may not proceed to trial until at least one hundred eighty days after the requirements of this section have been met.