remand hearing in North Dakota

2010The district court saw the witnesses, heard the testimony, and decided credibility. “[T]he trial court is in a better position to judge the demean- or and credibility of witnesses and weigh the evidence than we who have only the cold record to review.” Ludwig v. Burchill, 481 N.W.2d 464, 469 (N.D.1992). [¶ 31] The district court found: Prior to the remand hearing, Sandra was employed and not receiving public assistance.

2010The district court saw the witnesses, heard the testimony, and decided credibility. “[T]he trial court is in a better position to judge the demeanor and credibility of witnesses and weigh the evidence than we who have only the cold record to review.” Ludwig v. Burchill , 481 N.W.2d 464, 469 (N.D. 1992). [¶31] The district court found: Prior to the remand hearing, Sandra was employed and not receiving public assistance.

2005See J.S.P.L. , 532 N.W.2d at 657 .

2005See J.S.P.L., 532 N.W.2d at 657 .

2005Burke v. North Dakota Dep’t of Corr. & Rehab. , 2000 ND 85, ¶ 4 , 609 N.W.2d 729 ; Towne , at ¶ 7 n.2; Kouba v. Febco, Inc. , 543 N.W.2d 245, 248 (N.D. 1996). [¶13] When a trial court has erroneously failed to provide a required hearing, the appropriate remedy is a remand for a hearing.

2005Burke v. North Dakota Dep’t of Corr. & Rehab., 2000 ND 85, ¶ 4 , 609 N.W.2d 729 ; Towne , at ¶ 7 n. 2; Kouba v. Febco, Inc., 543 N.W.2d 245, 248 (N.D.1996). [¶ 13] When a trial court has erroneously failed to provide a required hearing, the appropriate remedy is a remand for a hearing.

2001As we explained in Wald v. Wald, 556 N.W.2d 291, 295 (N.D.1996), “[m]arital property valuations within the range of the evidence are not clearly erroneous.” Dr. Thompson’s valuations are based on acceptable present values of the trust. [¶ 20] Abe Fox also contends the trial court erred because it did not value the trust as of the date of the remand hearing, May 11, 2000.