RULE 35.1 SUMMARY DISPOSITION

(a) Affirmance by Summary Opinion. In any case in which the court determines after argument, unless waived, that no reversible error of law appears and insofar as applicable:

(1) the appeal is frivolous and completely without merit;

(2) the judgment of the trial court is based on findings of fact that are not clearly erroneous;

(3) the verdict of the jury is supported by substantial evidence;

(4) the trial court did not abuse its discretion;

(5) the order of an administrative agency is supported by a preponderance of the evidence;

(6) the summary judgment, directed verdict, or judgment on the pleadings is supported by the record; or,

(7) a previous controlling appellate decision is dispositive of the appeal,

the court may affirm by an opinion citing this rule and indicating which one or more of the above criteria applies and citing any previous controlling appellate decision. The opinion may be in the following form: "Affirmed under NDRAppP 35.1(a)(1), (2), (3), (4), (5), (6), or (7)."

(b) Reversal by Summary Opinion. In any case in which the court determines after argument, unless waived, that a previous controlling appellate decision is dispositive of the appeal, the court may reverse by an opinion citing this rule and the controlling appellate decision.

(b)(c) Quarterly Publication. A list indicating the disposition of all decisions rendered by the supreme court under subdivision (a) this rule must be submitted for quarterly publication in the North Western Reporter, except for those decisions the supreme court specially orders to be published in the regular manner.

[Adopted effective March 1, 1986.]

EXPLANATORY NOTE

Rule 35.1, NDRAppP, was adopted effective March 1, 1986; and amended, effective . The rule is intended to provide a mechanism for the supreme court to summarily affirm some appeals.

SOURCES: Supreme Court Conference Minutes of September 10, 1985; Procedure Committee Minutes of ; November 29, 1984, pages 9-11.

STATUTES AFFECTED:

CONSIDERED: NDCC 27-02-23; N.D. Const. Art. VI, 5.

CROSS REFERENCES: NDRAppP 27 (Motions); NDRAppP 35 (Scope of Review).