What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in North Dakota. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $5,000.
Where Suit May Be Brought: Case may be brought where the defendant resides. A corporation is deemed to reside where it does business or where breach or injury occurred.
Proper Manner of Service of Process upon Defendant: Service may be made by certified mail or court-approved adult.
How the Hearing Date Is Selected: 10-30 days from service.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant requests, the case shall be tried under regular civil procedure of Court.
Availability of Appeals: Appeals are not allowed.
Special Rules and Notes: No Injunctive relief is available except to cancel agreements obtained by fraud or misrepresentation. Jury trials are not available. Right to sue may not be transferred. No prejudgment attachment. Plaintiff’s withdrawal of case results in dismissal with prejudice.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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