Rittenour v. Gibson

[¶ 45] I respectfully dissent. I am of the opinion the trial court did not abuse its discretion in denying Gibson’s motion for a new trial.

[¶ 46] On July 13, 2000, the trial court ordered that jury instructions were to be submitted by November 3, 2000. Rule 51, N.D.R.Civ.P., provides that the trial court “may require each instruction to be written on a separate sheet, provided North Dakota pattern jury instructions may be requested by reference to instruction number only.” In a belated response to the trial court’s order that written instructions be filed with the court, Gibson filed on…