Valley Honey Co. v. Graves, 2003 ND 125 If a condition appears on the face of a grant of real property, the grant takes effect on performance of the condition. On a motion to amend judgment for additional costs, a party must provide the court with sufficient grounds for why it failed to bring the cost in its original affidavit of costs.
July 18, 2003
Bladow v. Bladow, 2003 ND 123 The proceeds of a personal injury settlement received during the marriage are part of the marital estate, and their distribution is part of the equitable distribution of property in a divorce. Gonzalez v. Tounjian, 2003 ND 121 A lessor who retains control over common areas of an apartment building has a duty to exercise reasonable care to keep the common areas safe. An expert witness need not be a specialist in a particularized field, have a formal title or specific certification, or be licensed in any particular field. Expert testimony is admissible if the trial court determines the expert's knowledge, training, education, or experience will assist the trier of fact. The trier of fact in a tort case may award interest on past noneconomic damages. Interest on future damages is not allowed in a tort case. Lawrence v. Roberdeau, 2003 ND 124 Witness immunity bars a suit challenging a witness's testimony. A state employee is not personally liable for money damages in a negligence case when the injury is proximately caused by the employee acting within the scope of employment. Ringsaker v. N.D. Workers Compensation Bureau, 2003 ND 122 Litigants have a duty to comply with clearly communicated case-management orders. Service of a brief by mail is complete upon mailing, but filing requires actual receipt. A trial court may take any appropriate action against any person failing to perform an act required by court order.
July 16, 2003
Coons v. Coons, 2003 ND 115 Where a presumption of domestic violence has been made and not yet rebutted, interim custody may be transferred from the presumed perpetrator until the presumption is rebutted by clear and convincing evidence. Interest of K.P., 2003 ND 114 To modify an alternative treatment order, a trial court must find by clear and convincing evidence: (1) the respondent is not complying with the alternative treatment order; or (2) the alternative treatment is not sufficient to prevent the respondent from harming the respondent or others. John T. Jones Construction Co. v. City of Grand Forks, 2003 ND 109 Parties to an arbitration agreement cannot contractually expand the scope of judicial review of an arbitration award beyond that provided by the Uniform Arbitration Act. The Uniform Arbitration Act does not authorize Supreme Court review of an arbitration award that has not been subject to review in the district court. Rist v. N.D. Department of Transportation, 2003 ND 113 Community caretaking justifies law enforcement contact without reasonable suspicion of unlawful conduct. If an officer learns something during a caretaking encounter that causes a reasonable suspicion or probable cause, the encounter can lead to further investigation, seizure, and even arrest. Probable cause to arrest a person for being in actual physical control of a vehicle while under the influence of intoxicating liquor can exist without establishing the vehicle's operability or the location of the vehicle's ignition key. Smith v. Baumgartner, 2003 ND 120 A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute. The legislative policy behind the enactment of the Uniform Interstate Family Support Act ("UIFSA") of ensuring uniform recognition and enforcement of child foreign child support orders among the states supports a rational inference that the legislature intended retroactive application. State v. Dimmitt, 2003 ND 111 If a judge impermissibly participates in plea negotiations, and a defendant shows his guilty plea resulted from the influence or confusion caused by the trial court's involvement in the negotiations, the defendant must be permitted to withdraw his guilty plea. The State's failure to make an agreed upon sentence recommendation may result in a manifest injustice in the sentencing process entitling the defendant to withdraw his guilty plea. State v. Heupel, 2003 ND 107 Convictions for theft by deception and tampering with physical evidence are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). State v. Matthews, 2003 ND 108 A warrantless search of a dwelling for the purpose of investigation may be upheld under the emergency doctrine when the primary intent of the investigation is to render aid or assistance to someone in a dangerous situation. An emergency doctrine search requires that: (1) the police have reasonable grounds to believe there is an emergency at hand and there is an immediate need for police assistance for the protection of life or property; (2) the search must not be motivated primarily by intent to arrest and seize evidence; (3) there must be some reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched. State v. Schmidt, 2003 ND 106 Criminal trespass conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). State v. Steen, 2003 ND 116 An order correcting an illegal sentence involves a substantial right and is appealable. A district court's failure to act, upon motion, to reduce a defendant's criminal sentence within 120 days after sentence is imposed, forecloses its power to reduce a criminal sentence. State v. Schwab, 2003 ND 119 Under N.D.R.Crim.P. 3(b), amendment of a complaint is within the district court's discretion. On appeal, a trial court's jury selection process is reviewed using an abuse of discretion standard. A potential juror's acquaintance with a possible witness is not implied bias. In a fair-cross-section challenge, a defendant must show the group alleged to be excluded is a distinctive group in the community, the representation of the group is not fair and reasonable in relation to the number of such persons in the community, and the group was systematically excluded in the jury selection process. Syversen v. Hess, 2003 ND 118 When mistake is alleged, an unambiguous written deed can be altered by parol evidence. A trial court decision will not be set aside merely because the court applied an incorrect reason, if the result is the same under the correct law and reasoning. Tarnavsky v. Tarnavsky, 2003 ND 110 A partnership is an association of two or more persons to carry on as co-owners in business for profit and requires an intention to be partners, co-ownership of the business, and a profit motive. A trial court has discretion to grant a motion to amend pleadings to conform to the evidence under N.D.R.Civ.P. 15(b). Tarnavsky v. McKenzie Co. Grazing Association, 2003 ND 117 Statutes of limitation ordinarily begin to run from the commission of the wrongful act giving rise to the cause of action. The discovery rule postpones the accrual of a claim until the plaintiff knew or with the exercise of reasonable diligence should have known the wrongful act and its resulting injury, and an objective standard is used for determining knowledge of a potential claim under the discovery rule. Van Klootwyk v. Baptist Home, 2003 ND 112 The three-month period for providing an admissible expert opinion under N.D.C.C. 28-01-46 applies only when a lawsuit based upon professional negligence is brought against a physician, nurse, or hospital, not a nursing home.