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ND SB2123

Bill

Status

Introduced

1/8/2013

Primary Sponsor

Judiciary Committee

Click for details

Origin

Senate

63rd Legislative Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary1/8/2013

Full Bill Text

No bill text available