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Current as of January 01, 2024 | Updated by Findlaw Staff
If the parties have agreed in writing that an action on a controversy may be brought only in another state and it is brought in a court of this state, the court will dismiss or stay the action, as appropriate, unless:
1. The court is required by statute to entertain the action;
2. The plaintiff cannot secure effective relief in the other state, for reasons other than delay in bringing the action;
3. The other state would be a substantially less convenient place for the trial of the action than this state;
4. The agreement as to the place of the action was obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; or
5. It would for some other reason be unfair or unreasonable to enforce the agreement.
Cite this article: FindLaw.com - North Dakota Century Code Title 28. Judicial Procedure, Civil § 28-04.1-03. Action in another place by agreement - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-28-judicial-procedure-civil/nd-cent-code-sect-28-04-1-03/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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