Green v. Green

[¶ 17] The most consequential of this Court’s disagreements relating to N.D.C.C. § 14-09-06.6(4) has related to the type of evidence required to establish a prima facie case. I have strongly advocated that the evidence must be competent and admissible. See Frueh v. Frueh, 2008 ND 26, ¶ 6, 745 N.W.2d 362; Lagro v. Lagro, 2005 ND 151, ¶¶ 15, 18, 703 N.W.2d 322; Tank v. Tank, 2004 ND 15, ¶¶ 53, 55, 673 N.W.2d 622 (Sandstrom, J., dissenting). In other words, the person must normally have personal, firsthand knowledge. This has had an effect in cases, and without this requirement, cases would have…