Gray v. Berg

Summary

The North Dakota Supreme Court reversed a judgment dismissing David Gray's claims against Terry Berg concerning alleged unlawful hunting and trespass. The court held that the district court improperly denied Gray's demand for a change of judge based solely on the demand's timeliness because allegations of judicial bias are not subject to the same deadline as peremptory demands. The case was remanded for review of the bias-based demand and further proceedings.

Holdings

1. A demand for a change of judge based on allegations of bias is not subject to the same ten-day timeliness constraints that apply to a peremptory demand for a change of judge.

Questions Presented

1. Whether the district court improperly denied Gray's pretrial demand for a change of judge based on alleged judicial bias by applying the ten-day timeliness requirement for a peremptory demand under N.D.C.C. § 29-15-21.

Disposition

reversed_and_remanded