Motion for dismissal - Commission may defend action
N.D. Cent. Code § 43-23.2-05
in effect43-23.2-05. Motion for dismissal - Commission may defend action
Whenever the court proceeds upon an application as set forth in this chapter, it shall order
payment out of the real estate education, research, and recovery fund only upon a
determination that the aggrieved party has a valid claim for relief within the purview of this
chapter and has complied with the provisions of this chapter. The judgment is only prima facie
evidence of such claim for relief and for the purposes of this chapter is not conclusive. The
commission may defend any such action on behalf of the fund and has recourse to all
appropriate means of defense and review including examination of witnesses. The commission
may move the court at any time to dismiss the application when it appears there are no triable
issues and the petition is without merit. The motion may be supported by affidavit of any person
or persons having knowledge of the facts, and may be made on the basis that the petition, and
the judgment referred to therein, does not form the basis for a meritorious recovery claim within
the purview of this chapter; provided, however, the commission shall give written notice at least
ten days before such motion. The commission may, subject to court approval, compromise a
claim based upon the application of an aggrieved party. It is not bound by any prior compromise
or stipulation of the judgment debtor.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t43c23-2.pdf#nameddest=43-23p2-05Fetched: 10/16/2026