# Title 32 — Judicial Remedies

## Chapter 32-39 — Voluntary Partial Payment of Claims

### § 32-39-01. Voluntary service or partial payment not admissible.

No voluntary service or partial payment of a claim, including a claim of medical malpractice,
against any person based on alleged liability of that person for injury or damage arising out of
any occurrence may be construed as an admission of fault or liability. Evidence of the service or
payment is not admissible in any action for the purpose of determining the amount of any
judgment or the liability of any person with respect to the occurrence.
### § 32-39-02. Voluntary service or payment not admission of liability.

No receipt of a voluntary service or partial payment of a claim, including a claim of medical
malpractice, against any person based on alleged liability of that person for injury or damage
arising out of any occurrence may be construed as a waiver or release of the claim by the
person receiving the service or payment, unless a written waiver or release is given. No receipt,
provision, or payment of a voluntary service or partial payment of a claim may reduce the
amount of damages which may be pleaded and proved in a court proceeding between the
parties.
### § 32-39-03. Agreement by parties - Credit for service or payment.

Upon final voluntary compromise settlement of any claim, including a claim of medical
malpractice, against any person based on alleged liability of that person for injury or damage
arising out of any occurrence, the parties may make any agreement they desire concerning
previous voluntary services or partial payments of the claim. If the claim is tried in a court, after
entry of judgment involving the claim, the value of any previous voluntary service or partial
payment of the claim must be deducted from the amount of the judgment if the value thereof
was included in the assessment of damages contained in the judgment. If, after entry of
judgment involving the claim, it is determined by the judgment that the amount of injury or
damages is less than the value of the previous services and voluntary payments, the provider of
the services or payer of the payments has no claim for relief for the recovery of amounts by
which the voluntary services or payments exceed the final court judgment.
