Identification of additional or alternative asbestos trust by defendant
N.D. Cent. Code § 32-46.1-03
in effect32-46.1-03. Identification of additional or alternative asbestos trust by defendant
1. A defendant may file a motion requesting a stay of the proceedings by the later of the
seventy-fifth day before the trial is set to commence or the fifteenth day after the
defendant first obtains information supporting additional trust claims by the plaintiff.
The defendant shall produce or describe the documentation the defendant possesses
or of which the defendant is aware in support of the motion. Before filing the motion,
the defendant shall meet and confer with the plaintiff to discuss why the defendant
believes the plaintiff has an additional trust claim.
2. Within ten days of receiving the defendant's motion, the plaintiff shall:
a. File the asbestos trust claims;
b. File a written response with the court stating why insufficient evidence exists for
the plaintiff to file the asbestos trust claims; or
c. File a written response with the court requesting a determination that the cost to
file the asbestos trust claims exceed the plaintiff's reasonably anticipated
recovery.
3. If the court determines there is a sufficient basis for the plaintiff to file an asbestos trust
claim, the court shall stay the asbestos action until the plaintiff files the asbestos trust
claim and produces all related trust claims materials.
4. If the court determines the cost of submitting an asbestos trust claim exceeds the
plaintiff's reasonably anticipated recovery, the court shall stay the asbestos action until
the plaintiff files with the court and provides all parties with a verified statement of the
plaintiff's history of exposure, usage, or other connection to asbestos covered by the
identified asbestos trust.
5. The court may not schedule the asbestos action for trial until at least sixty days after
the plaintiff files the documentation required under this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c46-1.pdf#nameddest=32-46p1-03Fetched: 10/16/2026