§ 28-04.1-02 — Action in this state by agreement

North Dakota § 28-04.1-02

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-04.1: Jurisdiction by Agreement of Parties

Text

1. If the parties have agreed in writing that an action on a controversy may be brought in
this state and the agreement provides the only basis for the exercise of jurisdiction, a
court of this state will entertain the action if:
a. The court has power under the law of this state to entertain the action;
b. This state is a reasonably convenient place for the trial of the action;
c. The agreement as to the place of the action was not obtained by
misrepresentation, duress, the abuse of economic power, or other
unconscionable means; and
d. The defendant, if within the state, was served as required by law of this state in
the case of persons within the state or, if without the state, was served either
personally or by registered or certified mail directed to the defendant's last-known
address.
2. This section does not apply to cognovit clauses, to arbitration clauses, or to the
appointment of an agent for the service of process pursuant to statute, rule, or court
order.