North Dakota Code 32-25-04 – How value of grain may be proved
In any action brought under the provisions of this chapter, it shall be permissible to prove the value of the grain in question by any of the following classes of evidence:
Terms Used In North Dakota Code 32-25-04
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
1. By market reports published in any newspaper or trade journal which commonly publishes such reports, purporting to give market values or selling prices of such grain at the market in question. No further foundation for the introduction of such reports in evidence shall be necessary than the showing that such newspaper or journal is in circulation as such or is commonly sold at public newsstands, and the court may take judicial notice of the character and circulation of such newspaper or journal without proof.
2. The buying and selling price of similar grain may be shown by the records of any chamber of commerce, board of trade, or similar organization which is shown to keep a record of permanent character of the prices at which such, or similar grain, is sold in the market at which such organization is situated.
3. A witness engaged in the business of buying or selling grain likewise may testify to the value of grain at any given market at any given time, upon showing the witness’s knowledge thereof, and for the purpose of refreshing the witness’s recollection such witness may examine and consider the permanent records of sales or purchases made in the regular course of business of such witness or the firm or concern with which the witness is or was connected.