ND Bar Civil Procedure — Questions and Answers
Question 1: What is the statute of limitations for personal injury in North Dakota?
- 2 to 4 years depending on the type of claim (Correct answer)
- 10 years
- No statute of limitations
- 30 days
Correct answer: 2 to 4 years depending on the type of claim
North Dakota provides a specific limitations period for personal injury claims, running from the date of injury or discovery.
Question 2: What is required for personal jurisdiction over an out-of-state defendant in North Dakota?
- Minimum contacts with the state consistent with due process (Correct answer)
- The defendant must own property in the state
- The defendant must reside in the state
- Federal approval is required
Correct answer: Minimum contacts with the state consistent with due process
Personal jurisdiction requires the defendant to have sufficient minimum contacts with the state so that the suit does not offend due process.
Question 3: Under North Dakota rules, what is the standard for summary judgment?
- No genuine issue of material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The judge believes one party will win
- Both parties must consent
- The case must have been pending more than one year
Correct answer: No genuine issue of material fact and the movant is entitled to judgment as a matter of law
Summary judgment is appropriate when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.
Question 4: What is the comparative fault standard in North Dakota?
- Modified comparative fault with a specific threshold barring recovery (Correct answer)
- Pure comparative fault
- Contributory negligence bars all recovery
- No fault system
Correct answer: Modified comparative fault with a specific threshold barring recovery
North Dakota uses a modified comparative fault system where the plaintiffs recovery is reduced by their percentage of fault and barred entirely at a certain threshold.
Question 5: What is the purpose of discovery in North Dakota civil cases?
- To allow parties to obtain relevant information and evidence before trial (Correct answer)
- To select the jury
- To file the initial complaint
- To determine which judge hears the case
Correct answer: To allow parties to obtain relevant information and evidence before trial
Discovery is the pretrial process allowing parties to exchange relevant information through depositions, interrogatories, and document requests.
Question 6: Under North Dakota law, what is res judicata?
- A final judgment prevents relitigation of the same claim between the same parties (Correct answer)
- Cases can always be refiled
- Only criminal cases are affected
- The doctrine applies only in federal courts
Correct answer: A final judgment prevents relitigation of the same claim between the same parties
Res judicata bars parties from relitigating claims that were or could have been raised in a prior action resulting in a final judgment.
ND Bar Civil Procedure
What is the statute of limitations for personal injury in North Dakota?