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 if:
(1) the appeal is frivolous and completely without merit;
(2) the judgment of the
trial district court is based on findings of fact that are not clearly erroneous;
(3) the verdict
of the jury or the judgment is supported by substantial evidence;
trial district 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 apply and citing any previous controlling appellate decision. The opinion may be in the following form: "Affirmed under N.D.R.App.P. 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.
(c) Quarterly Publication. A list indicating the disposition of all decisions rendered by the
supreme court under 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.
Rule 35.1, N.D.R.App.P., was adopted effective March 1, 1986; and amended, effective March 1, 1998; March 1, 2003.
Paragraph (a)(3) was amended, effective March 1, 2003, to allow the court to affirm the judgment of a district court, as well as the verdict of a jury, supported by substantial evidence.
SOURCES: Supreme Court Conference Minutes of September 10, 1985
;. Joint Procedure Committee Minutes of September 27-28, 2001, pages 12-13; January 30, 1997, page 13; November 29, 1984, pages 9-11.
CONSIDERED: N.D.C.C. § 27-02-23; N.D. Const. Art. VI, § 5.
CROSS REFERENCES: N.D.R.App.P. 27 (Motions); N.D.R.App.P. 35 (Scope of Review).