§ 19-23-03 — Stay pending motion to dismiss

1. In any action commenced under this chapter, all discovery and other proceedings must
be stayed during the pendency of any motion to dismiss unless the court finds upon
the motion of any party that particularized discovery is necessary to preserve evidence
or to prevent undue prejudice to a party.
2. During the pendency of any stay of discovery pursuant to this section, unless
otherwise ordered by the court, any party to the action with actual notice of the
allegations contained in the complaint shall treat all documents, data compilations, and
tangible objects that are in the custody or control of the party and are relevant to the
allegations, as if they were the subject of a continuing request for production from an
opposing party under rule 34 of the North Dakota Rules of Civil Procedure.