North Dakota § 19-23-03 Stay pending motion to dismiss

North Dakota Statutes

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

North Dakota § 19-23-03

Title 19Foods, Drugs, Oils, and Compounds

Ch. 19-23Food Provider Limited Liability for Obesity

This text of North Dakota § 19-23-03 (Stay pending motion to dismiss) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 19-23-03 (2026).

Text

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 Proced

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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.