North Dakota Code 12.1-01-03.1 – Presumption of age
1. In determining an individual‘s age for purposes of this title, the individual’s date of birth as provided by any of the following is presumed to be the individual’s legal date of birth:
Terms Used In North Dakota Code 12.1-01-03.1
- 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
- Government: means :
a. See North Dakota Code 12.1-01-04
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. A state government in the form of a birth certificate, other state-issued identification, or a certified copy of a birth certificate that includes the individual’s date of birth; b. The United States government in the form of a tribal identification document, military identification, passport, passport card, permanent resident card, certificate of United States citizenship, certificate of naturalization, border crossing card, visa, or other entry document that includes the individual’s date of birth; or
c. A foreign government in the form of a passport, driver’s license, or other foreign government-issued identity document that includes the individual’s date of birth. If there is a conflict between government issued forms, a government issued birth certificate or a certified copy of a birth certificate takes precedence.
2. The presumption in subsection 1 may be rebutted by clear and convincing evidence to the contrary.