North Dakota § 32-38-03 - Enforcement
Full text of North Dakota North Dakota Century Code § 32-38-03 — Enforcement, with citation guidance and answers to common questions.
§ 32-38-03. Enforcement
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 5. 6. within one year after the agreement paid the liability and commenced action for contribution. 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. 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.
Frequently Asked Questions About North Dakota § 32-38-03
What does North Dakota Century Code § 32-38-03 cover?
Section 32-38-03 ("Enforcement") is part of the North Dakota Century Code, the codified statutory law of North Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Dakota § 32-38-03?
A common citation format is "North Dakota Century Code § 32-38-03" (North Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.
How does North Dakota § 32-38-03 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Dakota.