§ 32-43-08 — Offer to correct or clarify

North Dakota § 32-43-08

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-43: Uniform Correction or Clarification of Defamation Act

Text

1. If a timely correction or clarification is no longer possible, the publisher of an alleged
defamatory statement may offer, at any time before trial, to make a correction or
clarification. The offer must be made in writing to the person allegedly defamed by the
publication and:
a. Contain the publisher's offer to publish, at the person's request, a sufficient
correction or clarification and to pay the person's reasonable expenses of

litigation, including attorney's fees, incurred before publication of the correction or
clarification; and
b. Be accompanied by a copy of the proposed correction or clarification and the plan
for its publication.
2. If the person accepts in writing an offer to correct or clarify made pursuant to
subsection 1, the person is barred from commencing an action against the publisher
based on the statement or, if an action has been commenced, the court shall dismiss
the action against the defendant with prejudice after the defendant complies with the
terms of the offer.
3. A person who does not accept an offer made in conformance with subsection 1 may
recover in an action based on the statement only damages for provable economic loss
and reasonable expenses of litigation, including attorney's fees, incurred before the
offer, unless the person failed to make a good-faith attempt to request a correction or
clarification in accordance with subsection 2 of section 32-43-03 or failed to disclose
information in accordance with section 32-43-04.
4. On request of either party, a court shall promptly determine the sufficiency of the
offered correction or clarification.
5. The court shall determine the amount of reasonable expenses of litigation, including
attorney's fees, specified in subsections 1 and 3.