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 or the judgment 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 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)."
Rule 35.1, N.D.R.App.P., was adopted effective March 1, 1986; and amended, effective March 1, 1998;_____________________.
Paragraph (a)(3) was amended, effective , 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 ; 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).