North Dakota § 32-38-03 Enforcement

North Dakota Statutes

§ 32-38-03 — Enforcement

North Dakota § 32-38-03

Title 32Judicial Remedies

Ch. 32-38Contribution Among Tort-Feasors

This text of North Dakota § 32-38-03 (Enforcement) 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 § 32-38-03 (2026).

Text

1.Whether or not judgment has been entered in an action against two or more tort-feasors for the same injury or wrongful death, contribution may be enforced by separate action.

2.When a judgment has been entered in an action against two or more tort-feasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.

3.If there is a judgment for the injury or wrongful death against the tort-feasor seeking contribution, any separate action by that tort-feasor to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.

4.If there is no judgment for the injury or wron

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1. Whether or not judgment has been entered in an action against two or more
tort-feasors for the same injury or wrongful death, contribution may be enforced by
separate action.
2. When a judgment has been entered in an action against two or more tort-feasors for
the same injury or wrongful death, contribution may be enforced in that action by
judgment in favor of one against other judgment defendants by motion upon notice to
all parties to the action.
3. If there is a judgment for the injury or wrongful death against the tort-feasor seeking
contribution, any separate action by that tort-feasor to enforce contribution must be
commenced within one year after the judgment has become final by lapse of time for
appeal or after appellate review.
4. If there is no judgment for the injury or wrongful death against the tort-feasor seeking
contribution, the tort-feasor's right of contribution is barred unless the tort-feasor has
either discharged by payment the common liability within the statute of limitations
period applicable to the claimant's claim for relief against the tort-feasor and has
commenced action for contribution within one year after payment, or agreed while
action is pending against such tort-feasor to discharge the common liability and has

within one year after the agreement paid the liability and commenced action for
contribution.
5. The recovery of a judgment for an injury or wrongful death against one tort-feasor
does not of itself discharge the other tort-feasors from liability for the injury or wrongful
death unless the judgment is satisfied. The satisfaction of the judgment does not
impair any right of contribution.
6. The judgment of the court in determining the liability of the several defendants to the
claimant for an injury or wrongful death shall be binding as among such defendants in
determining their right to contribution.