Issue: Under North Dakota law, what is the statute of limitations for the exercise of an option to purchase real estate?
| Area of Law: | Litigation & Procedure, Real Estate Law |
| Keywords: | Statute of limitations; Exercise of options; Purchase real estate |
| Jurisdiction: | North Dakota |
| Cited Cases: | None |
| Cited Statutes: | N.D.R. Civ. P. 56(c); N.D.R. Evid. 801(d)(2) |
| Date: | 07/01/2001 |
On a summary judgment motion, statements in the non-moving party’s pleadings, discovery responses and deposition testimony must be accepted as true. N.D.R. Civ. P. 56(c). The non-moving party must present sufficient proof that he or she might prevail at trial. Id.
Generally, a question of fact cannot be based on a dispute created by a party’s own sworn evidence. E.g. Buckner v. Sam’s Club, 75 F.3d 290 (7th Cir. 1996) (later sworn affidavit cannot be used to contradict earlier sworn testimony in order to create a dispute of fact). See N.D.R. Evid. 801(d)(2).
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