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Current as of January 01, 2024 | Updated by Findlaw Staff
The following presumptions, and no others, are conclusive:
1. A malicious and guilty intent from the deliberate commission of an unlawful act for the purpose of injuring another.
2. The truth of the facts from a recital in a written instrument between the parties thereto, or their successors in interest by a subsequent title, but this rule does not apply to a recital of a consideration.
3. The judgment or order of a court when declared by the laws of this state to be conclusive, but such judgment or order shall be alleged in the pleadings, if there is an opportunity to do so. If there is no such opportunity, the judgment or order may be used as evidence.
4. The issue of a wife cohabiting with her husband who is not impotent is presumed indisputably to be legitimate.
5. Any other presumption which by statute expressly is made conclusive.
Cite this article: FindLaw.com - North Dakota Century Code Title 31. Judicial Proof § 31-11-02. Conclusive presumptions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-31-judicial-proof/nd-cent-code-sect-31-11-02/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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