Paulson v. Meinke

1 Citing case

  1. Matter of Estate of Ostby

    479 N.W.2d 866 (N.D. 1992)   Cited 12 times

    Dean's post-trial motions were denied by the successor judge, Honorable Hal Stutsman. Dean Ostby appeals. If a trial judge is unable to act on post-trial motions because of death, disability or other cause, a successor judge may act. NDRCivP 63. Still, the power of a successor judge to review evidence of disputed facts is circumscribed. Paulson v. Meinke, 352 N.W.2d 191 (N.D. 1984). If the successor judge "is not satisfied with the findings, conclusions and decree of his predecessor, and thinks [they] should be vacated or modified, but cannot do so because he did not see and hear the witnesses, then he is limited to the granting of a new trial." Paulson at 193, quoting an Idaho decision.