1. If a timely correction or clarification is no longer possible, the publisher of an alleged defamatory statement may offer, at any time before trial, to make a correction or clarification. The offer must be made in writing to the person allegedly defamed by the publication and: a. Contain the publisher's offer to publish, at the person's request, a sufficient correction or clarification and to pay the person's reasonable expenses of litigation, including attorney's fees, incurred before publication of the correction or clarification; and b. Be accompanied by a copy of the proposed correction or clarification and the plan for its publication. 2. If the person accepts in writing an offer to correct or clarify made pursuant to subsection 1, the person is barred from commencing an action against the publisher based on the statement or, if an action has been commenced, the court shall dismiss the action against the defendant with prejudice after the defendant complies with the terms of the offer. 3. A person who does not accept an offer made in conformance with subsection 1 may recover in an action based on the statement only damages for provable economic loss and reasonable expenses of litigation, including attorney's fees, incurred before the offer, unless the person failed to make a good -faith attempt to request a correction or clarification in accordance with subsection 2 of section 32 -43-03 or failed to disclose information in accordance with section 32-43-04. 4. On request of either party, a court shall promptly determine the sufficiency of the offered correction or clarification. 5. The court shall determine the amount of reasonable expenses of litigation, including attorney's fees, specified in subsections 1 and 3.
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