Herman v. Herman

Citations

• 2019 ND 248

Syllabus

N.D.C.C. § 59-10.1-03(1) requires receipt of the notice, proven through the presumption or otherwise, to begin the 120 day limitation period. The presumption under N.D.C.C. § 59-10.1-03(1) is rebuttable. It was an abuse of discretion for a district court to deny time for additional discovery under N.D.R.Civ.P. 56(f) when the motion for summary judgment was filed within four days of the service of the complaint and the motion for summary judgment was resolved as the result of a material fact established through a presumption.