Discovery - Use of materials
N.D. Cent. Code § 32-46.1-04
in effect32-46.1-04. Discovery - Use of materials
1. Trust claims materials and trust governance documents are presumed to be relevant
and authentic and are admissible in evidence. A claim of privilege does not apply to
any trust claims materials or trust governance documents.
2. A defendant in an asbestos action may seek discovery from an asbestos trust. The
plaintiff may not claim privilege to bar discovery and shall provide consent or other
expression of permission as required by the asbestos trust to release information and
materials sought by the defendant.
3. Trust claims materials sufficient to entitle a claim to consideration for payment under
the applicable trust governance documents may be sufficient to support a jury finding
that the plaintiff may have been exposed to products for which the trust was
established to provide compensation and that such exposure may be a substantial
contributing factor in causing the plaintiff's injury.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c46-1.pdf#nameddest=32-46p1-04Fetched: 10/16/2026