§12-3239. Definitions.
As used in the Structured Settlement Protection Act of 2001: 1. “Annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement; 2. “Dependents” include a payee’s spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony; 3. […]
§12-3240. Disclosure statement.
Not less than three (3) days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen (14) point, to include the following: 1. The amounts and due dates of the structured settlement payments to be […]
§12-3241. Judicial or administrative approval of transfer of payment – Required findings.
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of […]
§12-3242. Discharge and release from liability.
Following a transfer of structured settlement payment rights under the Structured Settlement Protection Act of 2001: 1. The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments; 2. The transferee shall be liable to the structured […]
§12-3243. Application for approval of transfer of payment rights.
A. An application under the Structured Settlement Protection Act for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of […]
§12-3244. Waiver of provisions – Disputes – Life-contingent payments – Liability.
A. The provisions of the Structured Settlement Protection Act of 2001 may not be waived by any payee. B. Any transfer agreement entered into on or after the effective date of this act by a payee who resides in this state shall provide that disputes under such transfer agreement, including any claim that the payee […]
§12-3245. Application of act.
This act shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after the thirtieth day after the date of enactment of this act; provided that nothing contained herein shall imply that any transfer under a transfer agreement reached prior to such date is either effective or […]
§12-3250. Short title – Uniform Interstate Depositions and Discovery Act.
This act shall be known and may be cited as the “Uniform Interstate Depositions and Discovery Act”. Added by Laws 2021, c. 184, § 1, eff. Nov. 1, 2021.
§12-3251. Definitions.
As used in this act: 1. “Foreign jurisdiction” means a state other than this state; 2. “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction; 3. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental […]
§12-3252. Request for issuance of subpoena.
A. To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts […]