Title 31 — Judicial Proof
16 chapters · 103 sections in this title.
N.D.C.C. § 31-11-01 Presumptions - When controvertible - When jury bound to follow
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Superseded by N.D.R.Crim.P. 26; N.D.R.Ev. 301.
N.D.C.C. § 31-11-02 Conclusive presumptions
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The following presumptions, and no others, are conclusive: 1. A malicious and guilty intent from the deliberate commission of an unlawful act for the purpose of injuring another. 2. The truth of the facts from a recital in a written instrument between the parties thereto, or thei…
N.D.C.C. § 31-11-03 Disputable presumptions
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All presumptions other than those set forth in section 31-11-02 are satisfactory if uncontradicted. They are denominated disputable presumptions and may be contradicted by other evidence. The following are of that kind: 1. That a person is innocent of crime or wrong. 2. That an u…
N.D.C.C. § 31-11-04 Presumption of death as to estates in real property
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If any person upon whose life any estate in real property depends remains without the United States, or is absent in the state or elsewhere for seven years together, such person shall be accounted dead naturally in any action or proceeding concerning such property in which the pe…
N.D.C.C. § 31-11-04.1 Finding of death under Federal Missing Persons Act prima facie evidence
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Written findings of presumed death, made by the secretary of war, the secretary of the navy, or other officer or employee of the United States authorized to make such findings, pursuant to the Federal Missing Persons Act, as now or hereafter amended, or a duly certified copy of s…
N.D.C.C. § 31-11-04.3 Reports and copies deemed signed by authorized officer
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For the purposes of sections 31-11-04.1 and 31-11-04.2, any finding, report, or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States, shall prima facie be deemed to have been signed and issued by such an office…
N.D.C.C. § 31-11-05 Maxims of jurisprudence - How to be used and applied - List
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The maxims of jurisprudence set forth in this section are not intended to qualify any of the provisions of the laws of this state, but to aid in their just application: 1. When the reason of a rule ceases so should the rule itself. 2. When the reason is the same the rule should b…
N.D.C.C. § 31-11-06 Estoppel by declaration, act, or omission
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When a party, by that party's own declaration, act, or omission, intentionally and deliberately has led another to believe a particular thing true and to act upon such belief, that party shall not be permitted to falsify it in any litigation arising out of such declaration, act, …
N.D.C.C. § 31-11-07 Tenant estopped from denying landlord's title
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A tenant shall not be permitted to deny the title of the tenant's landlord at the time of the commencement of the relation.