North Dakota Court Records
What are North Dakota Small Claims Cases and Class Action Lawsuits?
In North Dakota, small claims are cases that involve a breach of contracts or agreements due to material fraud, trickery, misrepresentation, or false guarantees that are worth no more than $15,000. These cases can be filed and tried either in a small claims court (a subdivision of the district court) or a district court. A class action is a legal action involving issues common to a group of people. In such a case, one or more persons from the group can file the lawsuit. Class action cases are the result of defective products, employee maltreatment/illegal conduct, and fraud. In North Dakota, any consumer who has suffered damages financially, health-wise, or in other respect due to malicious, false, or misleading information from a company in North Dakota can file for small claims or class action in the state.
Records that are considered public may be accessible from some third-party websites. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the document or person involved
Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.
What Cases are Heard by Small Claims Courts in North Dakota?
Below are some examples of small claims cases in North Dakota;
- Disagreement over bounced checks.
- Disputes over the lease of property and asking for a refund.
- Public service corporation debt, e.g., telephone or mail order.
- Disputes over property damage sustained during an auto crash.
- Rents/bills owed.
- Product/drug liability (injury from a defective/ ineffective drug/product).
- Professional malpractice (by an attorney, physician, or other professional).
What is a Class Action Lawsuit in North Dakota?
A class action lawsuit involves one or more members of a class suing or getting sued by a representative party on behalf of the remaining members of the class. In furtherance, it can be an individual suing a group of people (for example, many multinational corporations within the same business sector) or a large group of people (for instance, recipients of a vaccine) suing one individual or a pharmaceutical company. A class-action lawsuit allows countless people with a similar claim against an entity to act simultaneously. A legal action qualifies as a class action lawsuit only if the class has a common ground (maybe identical claims or similar product) and an individual trial is impracticable.
How do I File a Claim in a North Dakota Small Claims Court?
Interested individuals can file a small claims case at the district court by completing a claims affidavit form, which contains blank spaces where plaintiffs state the claims. However, the petitioner must meet certain requirements, which include;
- The amount involved is not more than $15,000.00
- Six years have not passed since the situation occurred (this may vary in respect to different cases)
Except extremely necessary, there is no need to hire a legal representative for small claims cases. Also, there is no right to a jury trial for such legal action. Before the trial starts, a defendant can legally remove the case at the district court after getting a copy of the petition by filing a request for hearing/removal to the district court within twenty days of receiving a copy of an Affidavit and Request Form.
Do I Need a Small Claims Lawyer?
Following Rule 10.2 of the Small Claims Court, a party to a small claims case can choose to have legal representation. There are several advantages of involving a lawyer in a small claims case. A lawyer helps plaintiffs and counter-defendants with preparing the evidence by describing the process involved. A lawyer can also serve as a neutral party who provides professional advice about the strength and weaknesses of the case as well as filling the court forms. However, getting an attorney can be quite expensive, and if the cost is more than the claims or takes a larger percentage, it is not worth it.
How do Class Action Lawsuits Work in North Dakota?
In a class action lawsuit, persons who have been negatively influenced by a similar issue from a product or unlawful action can collectively sue against the party in question. According to Rule 23 of Class Actions Rule, one or more class members can represent the class for the case if the class is numerous or if a question of law is basic to the class.
After filing the class action, the class must be “certified” following the fulfillment of all criteria for the case to continue. If appropriate, the court can certify the action in different ways. Firstly, as a class action concerning a particular claim, and lastly, separate the class into subclasses and address each subclass as a class.
The certification order usually portrays the class and the claim, and the condition of the action. If the action is not certified, the certification order must state the reasons for the court’s ruling and its discoveries on the factors. However, the refusal of certification order does not end the action; rather, it prevents it from being addressed as a class action.
The court can also correct the certification order before entering the judgment. Each class member with an expected financial liability estimated to exceed $100 must receive a notification. The court must also provide a means of notice for class members whose financial liability is more than $100.
As soon as the class has been notified, a judgment with regards to the certified claim. Just the representative parties and those class members who have shown up individually are obligated for cost evaluation. The court, at that point, distributes the liability for costs evaluated against the defendant class.
Is a Class Action Better Than a Single Party Suit?
A class action allows a large group of injured parties to combine into one class-action suit. This helps reduce the cost for members of the action, makes it convenient to find a lawyer, and as well the plaintiffs eventually receive compensation for damages. Single party lawsuits are costly and only rewarding when the damages are substantial.