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November 15, 2019
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What is Discovery?

In most cases, a process called discovery usually takes place.  Discovery is an information-gathering step of litigation, which involves the parties sharing relevant information about the case.  There are several different ways to gather that information and discovery often refers to written discovery and depositions.  Discovery takes place so the […]
November 12, 2019
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The Court Entered a Judgment You Disagree With – What Now?

After a judgment, or other final order, is entered by a district court, a party may file an appeal to seek reversal of that decision.  Whether in a general civil matter, a collections case, personal injury, or family law, you may have options to appeal a civil judgment in North […]
November 8, 2019
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North Dakota Supreme Court Reinstates Driving Privileges due to Invalid Implied Consent Advisory

The North Dakota Supreme Court recently affirmed a district court decision reinstating an individual’s driving privileges after an officer failed to inform a driver that refusing to take a chemical test could be treated as a crime.  This decision is a continuation of the Court’s ongoing clarification of the requirements […]
November 7, 2019
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What is a Subpoena and Do I Have to Comply?

Subpoenas, and their effects, have been in the news lately – but what is a subpoena? Generally, a subpoena is a request for documents or a request to appear in a legal proceeding, whether for testimony at a trial or for a deposition.  Subpoenas are a part of the legal […]
October 31, 2019
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The Right to Remain Silent: What Are Your Rights, Really? 🤔

Between recent Supreme Court decisions and landmark cases that have been standing for decades, it is important to know your rights while being questioned by police. Here are some decisions that are currently in place regarding your right to remain silent. Miranda Rights The Miranda warning is a verbal statement […]
October 29, 2019
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Watch Out for Drunk Drivers Around Thanksgiving

Thanksgiving is a time to gather with family and friends, to remember all that we have to be thankful for, and of course, to stuff yourself with delicious foods. It is not a time to worry about deaths or injuries attributable to drunk drivers, but sadly, you must. People tend […]
October 24, 2019
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Can the Police Search Your Vehicle at a Traffic Stop?

Let’s say you are driving home from a party one night when suddenly you see the infamous red or blue lights flashing behind you. A quick glance at your speedometer reveals you are going ten mph over the speed limit. During the traffic stop, the officer asks if he may […]
October 21, 2019
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Pedestrian Accidents and Halloween

The leaves are falling, and the stores are once again filled with festive costumes and sugary treats to help families gear up for one of the biggest nights of the year. While this night is all about fantasy and fun, drivers and pedestrians alike still need to utilize caution and […]
October 17, 2019
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Do Grandparents Have Visitation Rights?

As a grandparent, watching your grandchildren grow and flourish is one of the most joyful parts of life. When your child and their significant other terminate their relationship, however, child custody can become a major issue, with visitation rights between the parents a focal point. Often times though, a grandparent’s […]
October 15, 2019
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Different Levels of Misdemeanors in North Dakota: What do They Mean?

Generally speaking, a misdemeanor is a crime that has a maximum penalty of up to one year in jail or prison. In the United States, each state is able to classify different levels of misdemeanor crimes.
October 10, 2019
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Is There a Grace Period for Real Estate Purchase Contracts?

Nearly every adult and child of age to make a purchase in North Dakota or Minnesota has experienced “buyer’s remorse,” that feeling one gets when one makes a purchase that is not as great of a bargain as the buyer initially thought. Perhaps it was a “splurge” purchase that, upon […]
October 9, 2019
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Auto Insurance Tactics that Can Hurt the Outcome of Your Case

If you’ve recently been involved in an auto crash, here’s something you should know; most car crash cases are resolved through a settlement arrangement between the victim and the at-fault party’s insurance company. Even though the overwhelming majority never see the inside of a courtroom, it’s still important for victims […]
October 7, 2019
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How a Felony Conviction Can Affect Your Career

Everyone knows that a criminal conviction – and particularly a felony conviction – can result in substantial legal penalties, including fines, imprisonment, and the loss of certain rights. If you’re facing felony charges, it’s important to understand that the consequences of a felony conviction on your record can go far […]
October 3, 2019
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Playground Accidents Can Cause Serious Injuries

Kids are back to school, and this means they are spending more time on playgrounds. Kids and playgrounds go together, and it’s great to see children having a good time doing what children do best – playing. Unfortunately, school playgrounds (and other public or private playgrounds) that aren’t well designed, […]
October 1, 2019
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Am I Required to Give the Police My Name if They Ask for It?

Many people wonder if they are required to identify themselves to the police if asked, and the answer . . . is complicated. The Supreme Court has found that a state’s statutes can require a subject who is being questioned to provide his or her name in the course of […]
September 25, 2019
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Legal Considerations for Startups

Starting a new business is an exciting and worthy pursuit, but there’s a lot to it. In fact, there are several important legal considerations you should address before you even consider launching your startup. Working with an experienced Fargo business attorney will help ensure that your new business enterprise is […]
September 23, 2019
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Recovering Compensation After a Catastrophic Injury

Just as many different types of unexpected crashes or other incidents can happen, many types of injuries can result. Injury victims can sustain anywhere from a bump or bruise to a fatal internal injury. If your injury required medical treatment, you should learn about your rights to possible compensation for […]
September 20, 2019
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Foreclosure Rules in North Dakota

In North Dakota, foreclosures are governed by state law.  The process of foreclosing on a property requires several notices before foreclosure can take place.  The lender must give the borrower at least 30 days notice of the intent to foreclose.
September 17, 2019
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Succession Planning for Family-Owned Businesses

An important, but sometimes overlooked, component of an estate plan for family-business owners is a succession plan for the continued management and operation of the business after the owner is no longer involved with the company. Most family-business owners intend for their businesses to survive them and believe their children […]
September 12, 2019
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Can You Fight a Child Support Increase?

If your former spouse files a request for a child support increase, do you have to agree to it, or can you fight it? A request for a child support modification can be challenged. To do so, you will put the request before a judge and ask the court to […]
September 9, 2019
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How a Felony Conviction Can Affect Your Career

Everyone knows that a criminal conviction – and particularly a felony conviction – can result in substantial legal penalties, including fines, imprisonment, and the loss of certain rights. If you’re facing felony charges, it’s important to understand that the consequences of a felony conviction on your record can go far […]
September 5, 2019
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Feeling Unsafe? It Might be Time to File a Restraining Order. ?

If you or someone you know is in a relationship or situation where they feel they would benefit from a restraining order, it is important to understand what they are and how they work. This can be a stressful and nerve-wracking experience for many, but in the end, a restraining […]
September 3, 2019
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Changes in Civil Asset Forfeiture

Upcoming Changes to North Dakota’s Civil Asset Forfeiture Law Civil asset forfeiture has been a popular topic across the country, with many seeking to reform laws. The basic premise of civil asset forfeiture is that if money or property is used in the commission of a crime or constitutes the […]
August 30, 2019
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Firm Team Lends a Hand at YWCA

Actually, four O’Keeffe O’Brien Lyson Foss team members lent eight hands the afternoon of August 27th at the YWCA Cass Clay Emergency Shelter.  This is just another example of how the firm’s commitment to community involvement comes true year ‘round.   The team worked diligently sorting and categorizing some of […]
August 26, 2019
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How to Protect Your Rights after a Slip and Fall Accident

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