North Dakota § 32-46.2-02 Sworn information form requirement for asbestos action

North Dakota Statutes

§ 32-46.2-02 — Sworn information form requirement for asbestos action

North Dakota § 32-46.2-02

Title 32Judicial Remedies

Ch. 32-46.2Asbestos Civil Actions

This text of North Dakota § 32-46.2-02 (Sworn information form requirement for asbestos action) 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 § 32-46.2-02 (2026).

Text

1.In addition to any requirements for asbestos actions under chapter 32-46.1, a plaintiff in an asbestos action shall file, within forty-five days after any complaint is filed in an asbestos action, a sworn information form signed by the plaintiff and plaintiff's counsel specifying the evidence that provides the basis for each claim against each defendant. The sworn information form must include the following with specificity:

a.The name, address, date of birth, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed individual, and any person through whom the exposed person was exposed to asbestos;

b.Each individual through whom the exposed individual was exposed to asbestos and the exposed individual's relationship to each

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1. In addition to any requirements for asbestos actions under chapter 32-46.1, a plaintiff
in an asbestos action shall file, within forty-five days after any complaint is filed in an
asbestos action, a sworn information form signed by the plaintiff and plaintiff's counsel
specifying the evidence that provides the basis for each claim against each defendant.
The sworn information form must include the following with specificity:
a. The name, address, date of birth, marital status, occupation, smoking history,
current and past worksites, and current and past employers of the exposed
individual, and any person through whom the exposed person was exposed to
asbestos;
b. Each individual through whom the exposed individual was exposed to asbestos
and the exposed individual's relationship to each individual;
c. Each asbestos-containing product to which the individual was exposed and each
physical location at which the exposed individual was exposed, or if the plaintiff
was exposed through another individual, to which that other individual was
exposed;
d. The specific location and manner of each exposure, including for any individual
through whom the exposed individual was exposed to asbestos;
e. The beginning and ending dates of each exposure, the frequency and length of
each exposure, and the proximity of the asbestos-containing product or its use to
the exposed person and any person through whom the exposed person was
exposed to asbestos;
f. The identity of the manufacturer or seller of the specific asbestos product for each
exposure;
g. The specific asbestos-related disease claimed to exist; and
h. Any supporting documentation relating to the information required under this
section.
2. The plaintiff has a continuing duty to supplement the information required to be
disclosed in subsection 1.
3. The court shall dismiss the asbestos action without prejudice as to any defendant
whose product or premises is not identified in the required disclosures in subsection 1.
4. The court shall dismiss the asbestos action without prejudice as to all defendants if the
plaintiff and plaintiff's counsel fail to comply with this section.