Bang, et al. v. Continental Resources

Citations

• 2025 ND 131

Syllabus

Under a usual oil and gas lease, the lessee, in developing the leased premises, is entitled to use of the land reasonably necessary in producing the oil. Even though the surface rights of the lessee may arise by implication, it is important to note that lessee's rights are primarily governed by the specific grant of rights in the lease. A district court has broad discretion in admitting or excluding evidence at trial, which will not be overturned on appeal absent an abuse of discretion. An appellate court's conclusion a trial court did not abuse its discretion by admitting certain evidence in one case does not mean another trial court abused its discretion by not admitting similar evidence in a different case. The district court has discretion to determine an appropriate sanction for a party's failure to supplement interrogatories and may exclude expert testimony that is beyond the scope of a party's responses to interrogatories. The district court is not required to give instructions in the specific language requested by a party if the instructions given fairly and adequately inform the jury of the law.