Legal Memorandum: Summary Judgment in ND

Issue: What is the standard for summary judgment in North Dakota?

Area of Law: Litigation & Procedure
Keywords: Summary judgment; Genuine issues of material fact
Jurisdiction:  North Dakota
Cited Cases: 338 N.W.2d 662
Cited Statutes: None
Date: 05/01/2014

“The party moving for summary judgment has the burden to demonstrate clearly that there are no genuine issues of material fact.”  Binstock v. Tschider, 374 N.W.2d 81, 83 (N.D. 1985).  Summary judgment is appropriate if reasonable minds could reach only one conclusion on the evidence submitted.  Riverwood Commercial Park LLC v. Standard Oil Co. Inc., 797 N.W.2d 770, 773 (N.D. 2011). 

When considering a motion for summary judgment, a court is permitted to examine the record as a whole, including pleadings, depositions, admissions, affidavits, interrogatories.  The court may also draw reasonable inferences from the evidence in the record to determine whether summary judgment is appropriate.  Everett Drilling Vent. v. Knutson Flying Serv., 338 N.W.2d 662, 663-64 (N.D. 1983).  In so doing, however, the court should view evidence in the light most favorable to the party opposing the motion and give that party the benefit of all favorable inferences which can reasonably be drawn from the evidence.  Id.


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