# N.D. Cent. Code § 31-11-02: 31-11-02. Conclusive presumptions

> North Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-02

## Section

- **Citation:** N.D. Cent. Code § 31-11-02
- **Heading:** 31-11-02. Conclusive presumptions
- **Jurisdiction:** North Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ND Code / Title 31 / Chapter 31-11 / Section 31-11-02

## Text

31-11-02. Conclusive presumptions

The following presumptions, and no others, are conclusive:

1. A malicious and guilty intent from the deliberate commission of an unlawful act for the

purpose of injuring another.

2. The truth of the facts from a recital in a written instrument between the parties thereto,

or their successors in interest by a subsequent title, but this rule does not apply to a

recital of a consideration.

3. The judgment or order of a court when declared by the laws of this state to be

conclusive, but such judgment or order shall be alleged in the pleadings, if there is an

opportunity to do so. If there is no such opportunity, the judgment or order may be

used as evidence.

4. The issue of a wife cohabiting with her husband who is not impotent is presumed

indisputably to be legitimate.

5. Any other presumption which by statute expressly is made conclusive.

## Nearby sections

- [N.D. Cent. Code § 31-11-01 31-11-01. Presumptions - When controvertible - When jury bound to follow](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-01.md)
- [N.D. Cent. Code § 31-11-02 31-11-02. Conclusive presumptions](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-02.md)
- [N.D. Cent. Code § 31-11-03 31-11-03. Disputable presumptions](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-03.md)
- [N.D. Cent. Code § 31-11-04 31-11-04. Presumption of death as to estates in real property](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-04.md)
- [N.D. Cent. Code § 31-11-04.1 31-11-04.1. Finding of death under Federal Missing Persons Act prima facie evidence](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-04.1.md)
- [N.D. Cent. Code § 31-11-04.2 31-11-04.2. Other findings under Federal Missing Persons Act as prima facie evidence](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-04.2.md)
- [N.D. Cent. Code § 31-11-04.3 31-11-04.3. Reports and copies deemed signed by authorized officer](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-04.3.md)
- [N.D. Cent. Code § 31-11-05 31-11-05. Maxims of jurisprudence - How to be used and applied - List](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-05.md)
- [N.D. Cent. Code § 31-11-06 31-11-06. Estoppel by declaration, act, or omission](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-06.md)
- [N.D. Cent. Code § 31-11-07 31-11-07. Tenant estopped from denying landlord's title](https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-07.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ND_T31_C31-11_S31-11-02. Check the current official text before relying on it. Not legal advice.