North Dakota § 28-04.1-03 Action in another place by agreement

North Dakota Statutes

§ 28-04.1-03 — Action in another place by agreement

North Dakota § 28-04.1-03

Title 28Judicial Procedure, Civil

Ch. 28-04.1Jurisdiction by Agreement of Parties

This text of North Dakota § 28-04.1-03 (Action in another place by agreement) 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 § 28-04.1-03 (2026).

Text

If the parties have agreed in writing that an action on a controversy may be brought only in another state and it is brought in a court of this state, the court will dismiss or stay the action, as appropriate, unless:

1.The court is required by statute to entertain the action;

2.The plaintiff cannot secure effective relief in the other state, for reasons other than delay in bringing the action;

3.The other state would be a substantially less convenient place for the trial of the action than this state;

4.The agreement as to the place of the action was obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; or

5.It would for some other reason be unfair or unreasonable to enforce the agreement.

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If the parties have agreed in writing that an action on a controversy may be brought only in
another state and it is brought in a court of this state, the court will dismiss or stay the action, as
appropriate, unless:
1. The court is required by statute to entertain the action;
2. The plaintiff cannot secure effective relief in the other state, for reasons other than
delay in bringing the action;
3. The other state would be a substantially less convenient place for the trial of the action
than this state;
4. The agreement as to the place of the action was obtained by misrepresentation,
duress, the abuse of economic power, or other unconscionable means; or
5. It would for some other reason be unfair or unreasonable to enforce the agreement.