North Dakota Code § 19-23-03

Stay pending motion to dismiss
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1. In any action commenced under this chapter, all discovery and other proceedings must 
be stayed during the pendency of any motion to dismiss unless the court finds upon 
the motion of any party that particularized discovery is necessary to preserve evidence 
or to prevent undue prejudice to a party.
2. During the pendency of any stay of discovery pursuant to this section, unless 
otherwise ordered by the court, any party to the action with actual notice of the 
allegations contained in the complaint shall treat all documents, data compilations, and 
tangible objects that are in the custody or control of the party and are relevant to the 
allegations, as if they were the subject of a continuing request for production from an 
opposing party under rule 34 of the North Dakota Rules of Civil Procedure.

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