Community Homes of Bismarck, Inc. v. Main
Docket No. 20100095
Oral Argument:
Tuesday, September 14, 2010 9:00am
Docket Info
- Title
- Community Homes of Bismarck, Inc., Plaintiff and Appellee
v.
Iris Main, Defendant and Appellant - Case Type
- CIVIL APPEAL : LANDLORD/TENANT
- Appeal From
-
Case No. 09-C-2637
South Central Judicial District, Burleigh County
Bruce B. Haskell
2011 ND 27794 N.W.2d 204
Oral Argument
9/14/2010
Highlight
A proper foundation must be established before witnesses may refer to notes or to other documents to refresh their memory, and the proper foundation requires witnesses to show a need to refresh their memory and to confirm the notes will assist them in refreshing their memory.
Opposing counsel has the right at trial to inspect a document used to refresh witnesses' recollections, to cross-examine the witnesses on the document, and to introduce relevant portions of the document into evidence.
A new written promise to pay a debt may revive a debt that is barred by the statute of limitations.
Whether a party has breached a lease is a finding of fact.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/25/2010 | NOTICE OF APPEAL : 03/24/2010 | |
| 2 | 03/25/2010 | PETITION TO WAIVE FILING FEE ON APPEAL & AFFIDAVIT | |
| 3 | 03/25/2010 | ACTION BY CLERK (Pet. to Waive Filing Fee) - Granted | |
| 4 | 03/26/2010 | ORDER FOR TRANSCRIPT : 03/25/2010 | |
| 5 | 04/27/2010 | TRANSCRIPT DATED March 8, 2010 & C.O.S. | |
| 6 | 04/27/2010 | DISK - TRA 3-8-10 (e-mailed) | |
| 7 | 04/16/2010 | RECORD ON APPEAL (Not rec'd No. 46, 47 "Filed in Error") | |
| 8 | 06/04/2010 | APPELLANT BRIEF | View |
| 9 | 06/04/2010 | APPELLANT APPENDIX | |
| 10 | 06/04/2010 | DISK - atb | |
| 11 | 06/29/2010 | MOT. EXT/TIME APPELLEE BRIEF | |
| 12 | 06/29/2010 | ACTION BY CLERK (MAE) w/understanding OA in September. - Granted : 07/16/2010 | |
| 13 | 07/15/2010 | APPELLEE BRIEF (PDF) | View |
| 14 | 07/15/2010 | E-FILED BRIEF (AEB) (PDF) | |
| 15 | 07/20/2010 | Received $25 surharge for AEB (Receipt #19727) | |
| 16 | 07/21/2010 | Received 7 copies of AEB from CSD | |
| 17 | 07/21/2010 | REPLY BRIEF of Appellant | View |
| 18 | 07/21/2010 | DISK - ryb | |
| 19 | 07/29/2010 | NOTICE OF ORAL ARGUMENT SENT | |
| 20 | 09/14/2010 | APPEARANCES: Bradley D. Peterson & Meredith Vukelic; Deborah J. Carpenter | |
| 21 | 09/14/2010 | ARGUED: Peterson; Carpenter | |
| 22 | 09/14/2010 | ORAL ARGUMENT WEBCAST | |
| 23 | 02/08/2011 | DISPOSITION | |
| 24 | 02/08/2011 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 25 | 02/08/2011 | COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE. | |
| 26 | 02/09/2011 | Judgment Sent to Parties | |
| 27 | 03/08/2011 | MANDATE | |
| 28 | 03/11/2011 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 29 | 04/29/2021 | EXPUNGED - Nonpermanent record items destroyed |