absence of a statutory requirement (North Dakota) · Go Syfert
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absence of a statutory requirement in North Dakota

7 North Dakota opinions name it 1 courts 1986–2016 0 in the last five years

The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Keyes v. Amundsongreen
nd · 1986 · cited in 6 North Dakota opinions naming this issue, 1987–2016
2 sentences

2016In Keyes , we stated: “[i]n the absence of a statutory requirement, courts of general jurisdiction may n’ot take judicial notice of a municipal ordinance, and the ordinance must be introduced into evidence or stipulated to by the parties just as any other evidence.” 391 N.W.2d at 607 .

2007Furthermore, “[t]he same evidence may be used to prove separate offenses.” City of Fargo v. Hector , 534 N.W.2d 821, 824 (N.D. 1995) (footnote omitted). [¶32] “In the absence of a statutory requirement, courts of general jurisdiction may not take judicial notice of a municipal ordinance, and the ordinance must be introduced into evidence or stipulated to by the parties just as any other evidence.” Keyes v. Amundson , 391 N.W.2d 602, 607 (N.D. 1986) (citations omitted); see, e.g., N.D.C.C. § 40-18-19 (“On all appeals from a determination in a municipal court, the district court shall take judic

46
City of Mandan v. Mertzgreen
nd · 1987 · cited in 2 North Dakota opinions naming this issue, 2007–2007
2 sentences

2007Even when judicial notice of a municipal ordinance is required, “it is essential that the trial court be supplied with the necessary information.” City of Mandan v. Mertz , 399 N.W.2d 298, 300 (N.D. 1987). [¶33] Prior to trial, Stensaker moved to dismiss on grounds of double jeopardy, but he did not provide the Williston ordinance in his motion, nor did he cite to it.

2007Even when judicial notice of a municipal ordinance is required, “it is essential that the trial court be supplied with the necessary information.” City of Mandan v. Mertz, 399 N.W.2d 298, 300 (N.D.1987). [¶ 33] Prior to trial, Stensaker moved to dismiss on grounds of double jeopardy, but he did not provide the Williston ordinance in his motion, nor did he cite to it.

22
Nash-Kelvinator Corp. v. Industrial Commissiongreen
wis · 1948 · cited in 1 North Dakota opinions naming this issue, 2007–2007
1 sentence

2007Furthermore, “[t]he same evidence may be used to prove separate offenses.” City of Fargo v. Hector, 5 34 N.W.2d 821, 824 (N.D.1995) (footnote omitted). [¶ 32] “In the absence of a statutory requirement, courts of general jurisdiction may not take judicial notice of a municipal ordinance, and the ordinance must be introduced into evidence or stipulated to by the parties just as any other evidence.” Keyes v. Amundson, 391 N.W.2d 602, 607 (N.D.1986) (citations omitted); see, e.g., N.D.C.C. § 40-18-19 (“On all appeals from a determination in a municipal court, the district court shall take judicia

11
City of Fargo v. Hectorgreen
nd · 1995 · cited in 1 North Dakota opinions naming this issue, 2007–2007
1 sentence

2007Furthermore, “[t]he same evidence may be used to prove separate offenses.” City of Fargo v. Hector , 534 N.W.2d 821, 824 (N.D. 1995) (footnote omitted). [¶32] “In the absence of a statutory requirement, courts of general jurisdiction may not take judicial notice of a municipal ordinance, and the ordinance must be introduced into evidence or stipulated to by the parties just as any other evidence.” Keyes v. Amundson , 391 N.W.2d 602, 607 (N.D. 1986) (citations omitted); see, e.g., N.D.C.C. § 40-18-19 (“On all appeals from a determination in a municipal court, the district court shall take judic

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
State v. Velasquez green
nd · 1999
2 sentences

2012“Words in a statute are to be understood in their ordinary sense, that is the meaning an ordinary person could get from reading the section.” State v. Velasquez, 1999 ND 217, ¶ 4 , 602 N.W.2d 698 .

2012“Words in a statute are to be understood in their ordinary sense, that is the meaning an ordinary person could get from reading the section.” State v. Velasquez , 1999 ND 217, ¶ 4 , 602 N.W.2d 693 .

22012–2012
City of Bismarck v. McCormick green
nd · 2012
1 sentence

2016In City of Bismarck v. McCormick, 2012 ND 53, ¶¶ 10-13 , 813 N.W.2d 599 , a district court relied, in part, on Keyes in refusing to take judicial notice of an ordinance when a case was transferred from municipal to district court. *33 Absent introduction of, or stipulation to, the ordinance, the district court in McCormick concluded Keyes precluded it from taking judicial notice of. the ordinance.

12016–2016
City of Bismarck v. McCormick green
nd · 2012
1 sentence

2016In City of Bismarck v. McCormick, 2012 ND 53, ¶¶ 10-13 , 813 N.W.2d 599 , a district court relied, in part, on Keyes in refusing to take judicial notice of an ordinance when a case was transferred from municipal to district court. *33 Absent introduction of, or stipulation to, the ordinance, the district court in McCormick concluded Keyes precluded it from taking judicial notice of. the ordinance.

12016–2016
City of Cedar Rapids v. Cach green
iowa · 1980
1 sentence

1986Concrete Contractor, Inc. v. City of Arvada, 621 P.2d 320 (Colo.1981), on remand 628 P.2d 170 (Colo.1981); Hood v. Mayor and Alderman of City of Savannah, 247 Ga. 524 , 277 S.E.2d 54 (1981); City of Cedar Rapids v. Cach, 299 N.W.2d 656 (Iowa 1980); General Motors Corporation v. Fair Employment Practices Division of Council and Human Relations of St.

11986–1986
City of Arvada v. Concrete Contractors, Inc. green
coloctapp · 1981
1 sentence

1986Concrete Contractor, Inc. v. City of Arvada, 621 P.2d 320 (Colo.1981), on remand 628 P.2d 170 (Colo.1981); Hood v. Mayor and Alderman of City of Savannah, 247 Ga. 524 , 277 S.E.2d 54 (1981); City of Cedar Rapids v. Cach, 299 N.W.2d 656 (Iowa 1980); General Motors Corporation v. Fair Employment Practices Division of Council and Human Relations of St.

11986–1986
Concrete Contractors, Inc. v. City of Arvada green
colo · 1981
1 sentence

1986Concrete Contractor, Inc. v. City of Arvada, 621 P.2d 320 (Colo.1981), on remand 628 P.2d 170 (Colo.1981); Hood v. Mayor and Alderman of City of Savannah, 247 Ga. 524 , 277 S.E.2d 54 (1981); City of Cedar Rapids v. Cach, 299 N.W.2d 656 (Iowa 1980); General Motors Corporation v. Fair Employment Practices Division of Council and Human Relations of St.

11986–1986
Hood v. MAYOR & ALDERMEN OF THE CITY OF SAVANNAH green
ga · 1981
2 sentences

1986Concrete Contractor, Inc. v. City of Arvada, 621 P.2d 320 (Colo.1981), on remand 628 P.2d 170 (Colo.1981); Hood v. Mayor and Alderman of City of Savannah, 247 Ga. 524 , 277 S.E.2d 54 (1981); City of Cedar Rapids v. Cach, 299 N.W.2d 656 (Iowa 1980); General Motors Corporation v. Fair Employment Practices Division of Council and Human Relations of St.

1986Concrete Contractor, Inc. v. City of Arvada, 621 P.2d 320 (Colo.1981), on remand 628 P.2d 170 (Colo.1981); Hood v. Mayor and Alderman of City of Savannah, 247 Ga. 524 , 277 S.E.2d 54 (1981); City of Cedar Rapids v. Cach, 299 N.W.2d 656 (Iowa 1980); General Motors Corporation v. Fair Employment Practices Division of Council and Human Relations of St.

11986–1986

Where else courts name it

TX 27 (1936–2025) CA 26 (1941–2023) NY 24 (1907–2025) CT 16 (1942–2026) PA 14 (1957–2020) IL 9 (1888–2017) MA 9 (1982–2009) NC 9 (1967–2005) NJ 8 (1950–2014) MD 8 (1962–2002) OR 8 (1954–2017) OH 7 (1921–2006) ND 7 (1986–2016) FL 5 (1931–2013) MN 5 (1921–2025) ME 5 (1934–2014) VA 5 (1968–2024) NM 5 (1981–2012) AL 5 (1982–2016) OK 5 (1926–1957) MI 5 (1955–2009) WV 4 (1980–1992) MO 4 (1906–1998) CO 4 (1975–2013) GA 3 (1936–1999) IA 3 (1982–2014) IN 3 (1962–2015) WY 3 (1999–2007) AZ 3 (1914–1991) KY 3 (1941–2024) MS 3 (1951–1983) NE 3 (1901–1910) MT 2 (1997–2019) AR 2 (2008–2010) DC 2 (1960–1999) UT 2 (2013–2016) WA 2 (1919–1985) KS 2 (1899–1913) NH 2 (1988–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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