North Dakota Code § 44-04-18.12

Cooperative investigations and litigation
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A record acquired by the office of attorney general from a governmental agency or a 
nonpublic entity is exempt if the attorney general determines:
1. The record is necessary to monitor or enforce compliance with a law or order or to 
further a civil investigation or litigation by the state;
2. The record is treated as confidential or privileged by the provider of the records; and
3. The provider of the records has not agreed to waive the privilege relating to or 
confidentiality of the record.

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