TITLE LII
ACTIONS, PROCESS, AND SERVICE OF PROCESS
Chapter 508-A
UNIFORM MODEL CHOICE OF FORUM ACT
Section 508-A:1
508-A:1 Definitions. –
As used in this chapter, the word "state" shall mean any foreign nation, and any state, district, commonwealth, territory or insular possession of the United States.
Source. 1969, 320:1, eff. Aug. 29, 1969.
Section 508-A:2
508-A:2 Action in This State by Agreement. –
I. If the parties have agreed in writing that an action on a controversy may be brought in this state and the agreement provides the only basis for the exercise of jurisdiction, a court of this state will entertain the action if:
(a) the court has power under the law of this state to entertain the action;
(b) this state is a reasonably convenient place for the trial of the action;
(c) the agreement as to the place of the action was not obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; and
(d) the defendant, if within the state, was served as required by law of this state in the case of persons within the state or, if without the state, was served either personally or by registered mail directed to his last known address.
II. This section does not apply to the appointment of an agent for the service of process pursuant to statute or court orders.
Source. 1969, 320:1, eff. Aug. 29, 1969.
Section 508-A:3
508-A:3 Action in Another Place by Agreement. –
If the parties have agreed in writing that an action on a controversy shall be brought only in another state and it is brought in a court of this state, the court will dismiss or stay the action, as appropriate, unless:
I. The court is required by statute to entertain the action;
II. The plaintiff cannot secure effective relief in the other state, for reasons other than delay in bringing the action;
III. The other state would be a substantially less convenient place for the trial of the action than this state;
IV. The agreement as to the place of the action was obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; or
V. It would for some other reason be unfair or unreasonable to enforce the agreement.
Source. 1969, 320:1, eff. Aug. 29, 1969.
Section 508-A:4
508-A:4 Uniformity of Interpretation. –
The provisions of this chapter shall be so construed as to effectuate the general purpose to make uniform the law of those states which enact it.
Source. 1969, 320:1, eff. Aug. 29, 1969.
Section 508-A:5
508-A:5 Severability. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source. 1969, 320:1, eff. Aug. 29, 1969.