Ouradnik v. N.D. Dept. of Transportation

Docket Number20190293
Decision Date12 February 2020

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5 cases
  • Grove v. Dep't of Transp.
    • United States
    • North Dakota Supreme Court
    • June 29, 2020
    ...103 of the North Dakota Rules of Evidence governs the preservation of issues on appeal from administrative hearings." Ouradnik v. Henke , 2020 ND 39, ¶ 12, 938 N.W.2d 392 (citing May v. Sprynczynatyk , 2005 ND 76, ¶ 24, 695 N.W.2d 196 ). "To preserve a claim of error under Rule 103, a party......
  • Schwindt v. Sorel
    • United States
    • North Dakota Supreme Court
    • May 7, 2020
    ...decision to admit or exclude evidence will not be reversed on appeal unless the hearing officer abused her discretion. Ouradnik v. Henke , 2020 ND 39, ¶ 19, 938 N.W.2d 392. An abuse of discretion occurs if a hearing officer acts in an arbitrary, unreasonable, or unconscionable manner, or th......
  • Christianson v. Henke
    • United States
    • North Dakota Supreme Court
    • April 6, 2020
    ...for an abuse of discretion. Id. [¶8] "Before documentary evidence is admissible, it must be authenticated." Ouradnik v. Henke , 2020 ND 39, ¶ 20, 938 N.W.2d 392 (quoting Frost v. N.D. Dep't of Transp. , 487 N.W.2d 6, 8 (N.D. 1992) ). Authentication requires evidence sufficient to support a ......
  • Hewitt v. Henke
    • United States
    • North Dakota Supreme Court
    • May 7, 2020
    ...for an abuse of discretion. Jangula , at ¶ 8. [¶9] Documentary evidence must be authenticated before it is admissible. Ouradnik v. Henke , 2020 ND 39, ¶ 20, 938 N.W.2d 392. Authentication requires evidence sufficient to support a finding that the item in question is what the proponent claim......
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