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28-04.1 Jurisdiction by Agreement of Parties

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CHAPTER 28-04.1JURISDICTION BY AGREEMENT OF PARTIES28-04.1-01. Definition. As used in this chapter, &quot;state&quot; means any foreign nation, andany state, district, commonwealth, territory, or insular possession of the United States.28-04.1-02. Action in this state by agreement.1.If the parties have agreed in writing that an action on a controversy may be brought<br>in this state and the agreement provides the only basis for the exercise of<br>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<br>misrepresentation,duress,theabuseofeconomicpower,orotherunconscionable means; andd.The defendant, if within the state, was served as required by law of this state in<br>the case of persons within the state or, if without the state, was served either<br>personally or by registered or certified mail directed to the defendant's<br>last-known address.2.This section does not apply to cognovit clauses, to arbitration clauses, or to the<br>appointment of an agent for the service of process pursuant to statute, rule, or court<br>order.28-04.1-03.Action in another place by agreement.If the parties have agreed inwriting that an action on a controversy may be brought only in another state and it is brought in a<br>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<br>delay in bringing the action;3.The other state would be a substantially less convenient place for the trial of the<br>action than this state;4.The agreement as to the place of the action was obtained by misrepresentation,<br>duress, the abuse of economic power, or other unconscionable means; or5.It would for some other reason be unfair or unreasonable to enforce the agreement.Page No. 1Document Outlinechapter 28-04.1 jurisdiction by agreement of parties