North Dakota Code 32-21-03 – Who may bring action
Current as of: 2023 | Check for updates
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The action shall be brought by the following persons in the order named:
Terms Used In North Dakota Code 32-21-03
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Decedent: A deceased person.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
1. The surviving husband or wife, if any.
2. The surviving children, if any.
3. The surviving mother or father.
4. A surviving grandparent.
5. The personal representative.
6. A person who has had primary physical custody of the decedent before the wrongful act.
If any person entitled to bring the action refuses or neglects so to do for a period of thirty days after demand of the person next in order, that person may bring the action.