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ND SB2123
Bill
Status
1/8/2013
Primary Sponsor
Judiciary Committee
Click for details
AI Summary
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Establishes the Uniform Asset-Freezing Orders Act, allowing courts to issue orders restraining parties from dissipating assets to prevent judgment evasion in monetary damages actions.
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Permits asset-freezing orders with notice when courts find substantial likelihood of prevailing party success, risk of asset dissipation, and that harm to defendant is outweighed by plaintiff's risk of loss.
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Allows courts to issue orders without notice if supported by affidavit or verified pleading, with orders expiring within 14 days unless extended or consented to by defendant.
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Nonparties served with orders must freeze assets unless compliance would violate foreign law, and the party obtaining the order must indemnify nonparties for reasonable compliance costs.
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Requires North Dakota courts to recognize asset-freezing orders from other states and foreign countries unless recognition would violate public policy or the issuing court lacked proper jurisdiction or due process procedures.
Legislative Description
A BILL for an Act to provide for the Uniform Asset-Freezing Orders Act.
Last Action
Second reading, failed to pass, yeas 7 nays 40
2/15/2013