North Dakota Code 32-46.1-03 – Identification of additional or alternative asbestos trust by defendant
1. A defendant may file a motion requesting a stay of the proceedings by the later of the seventy-fifth day before the trial is set to commence or the fifteenth day after the defendant first obtains information supporting additional trust claims by the plaintiff. The defendant shall produce or describe the documentation the defendant possesses or of which the defendant is aware in support of the motion. Before filing the motion, the defendant shall meet and confer with the plaintiff to discuss why the defendant believes the plaintiff has an additional trust claim.
Terms Used In North Dakota Code 32-46.1-03
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. Within ten days of receiving the defendant’s motion, the plaintiff shall:
a. File the asbestos trust claims; b. File a written response with the court stating why insufficient evidence exists for the plaintiff to file the asbestos trust claims; or
c. File a written response with the court requesting a determination that the cost to file the asbestos trust claims exceed the plaintiff’s reasonably anticipated recovery.
3. If the court determines there is a sufficient basis for the plaintiff to file an asbestos trust claim, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials.
4. If the court determines the cost of submitting an asbestos trust claim exceeds the plaintiff’s reasonably anticipated recovery, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff’s history of exposure, usage, or other connection to asbestos covered by the identified asbestos trust.
5. The court may not schedule the asbestos action for trial until at least sixty days after the plaintiff files the documentation required under this section.