Current through 2024 Legislative Session
Section 28-04.1-02 - Action in this state by agreement1. If the parties have agreed in writing that an action on a controversy may be brought in this state and the agreement provides the only basis for the exercise of jurisdiction, a court of this state will entertain the action if: a. The court has power under the law of this state to entertain the action;b. This state is a reasonably convenient place for the trial of the action;c. The agreement as to the place of the action was not obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; andd. The defendant, if within the state, was served as required by law of this state in the case of persons within the state or, if without the state, was served either personally or by registered or certified mail directed to the defendant's last-known address.2. This section does not apply to cognovit clauses, to arbitration clauses, or to the appointment of an agent for the service of process pursuant to statute, rule, or court order.