Trinity Hospitals v. Mattson
, 2006 ND 231,
723 N.W.2d 684
The Supreme Court's authority to issue a supervisory writ is a discretionary power exercised rarely, cautiously, and only in extraordinary cases to rectify errors and to prevent injustice when no adequate alternative remedy exists.
A contributing employer is immune from suit under the exclusive remedy provisions of workers' compensation law, and Workforce Safety and Insurance's determination that two affiliated corporations are encompassed under the same premium is a salient
factor in determining a contributing employer.
State v. Paulson
, 2001 ND 82,
625 N.W.2d 528
The failure of the parents of an injured person "incapacitated by the injury from giving the notice" to present the director of the office of management and budget a notice of claim within 180 days of discovery of the injury does not preclude the
injured person from suing the State.
State ex rel. Dept. of Corrections and Rehabilitation v. Haskell
, 2001 ND 14,
621 N.W.2d 358
The Supreme Court exercises its discretionary authority to issue supervisory writs on a case-by-case basis, rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative
remedy.
Failure of a plaintiff to present a notice of claim, as required by N.D.C.C. 32-12.2- 04, renders the district court without jurisdiction.
Roe v. Rothe-Seeger
, 2000 ND 63,
608 N.W.2d 289
The authority to issue supervisory writs is discretionary, and cannot be invoked as a matter of right.
The authority to issue supervisory writs is exercised rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.
Olsen v. Koppy
, 1999 ND 87,
593 N.W.2d 762
An order refusing to appoint a private attorney to initiate a criminal prosecution is not appealable.
The Supreme Court's jurisdiction to issue a supervisory writ is discretionary.
State of North Dakota v. Hagerty
, 1998 ND 122,
580 N.W.2d 139
The Supreme Court's power to issue a supervisory writ is a
discretionary power, exercised rarely and cautiously, only to
rectify errors and prevent injustice in extraordinary cases where
no adequate alternative remedy exists.
An issue is not ripe for review if it depends on future
contingencies which, although they might occur, necessarily may
not, thus making addressing the question premature.
Constitutional officers have such implied and incidental powers
as are necessary for the exercise of powers expressly granted.
An ambiguity exists when good arguments can be made for two
contrary positions about the meaning of a term in a document.
Contingency fee agreements between the State and special
assistant attorneys general are lawful.
Traynor v. Leclerc
, 1997 ND 47,
561 N.W.2d 644
NDCC 29-15-21 allows any party to a civil or criminal action to
obtain a change of judge by filing a written demand for change of
judge, and it does not violate the separation of powers under the
constitution.
ND Workers Compensation Bureau v. Leclerc
, 1997 ND 47,
561 N.W.2d 644
Belden v. Hambleton
,
554 N.W.2d 458 (N.D. 1996)
The trial court's sua sponte order joining a party as a
defendant is not an appealable order. The Supreme Court
exercised its supervisory jurisdiction and directed the trial
court to dismiss a joined party that was not needed to
adjudicate the plaintiff's claim under Rule 19, N.D.R.Civ.P.
Trinity Medical Center v. Holum
,
544 N.W.2d 148 (N.D. 1996)
Zahn v. Graff
,
530 N.W.2d 645 (N.D. 1995)
ND Commission on Medical Competency v. Racek
,
527 N.W.2d 262 (N.D. 1995)
Smith v. Rustad
,
524 N.W.2d 91 (N.D. 1994)
Reems v. Hunke
,
509 N.W.2d 45 (N.D. 1993)
Little v. Graff
,
507 N.W.2d 55 (N.D. 1993)
Jane H. v. Rothe
,
488 N.W.2d 879 (N.D. 1992)
State ex rel. Koppy v. Graff
,
484 N.W.2d 855 (N.D. 1992)
Garrison Memorial Hospital v. Rayer
,
453 N.W.2d 787 (N.D. 1990)
Polum v. ND District Court
,
450 N.W.2d 761 (N.D. 1990)
Odden v. O'Keefe
,
450 N.W.2d 707 (N.D. 1990)
Lashkowitz v. Disciplinary Board
,
410 N.W.2d 502 (N.D. 1987)
Minot Daily News v. Holum
,
380 N.W.2d 347 (N.D. 1986)
Patten v. Green
,
369 N.W.2d 105 (N.D. 1985)
Keyes v. Amundson
,
361 N.W.2d 253 (N.D. 1985)
Heartview Foundation v. Glaser
,
361 N.W.2d 232 (N.D. 1985)
Dickinson Newspaper, Inc. v. Jorgensen
,
338 N.W.2d 72 (N.D. 1983)
Vande Hoven v. Vande Hoven
,
336 N.W.2d 366 (N.D. 1983)
Grand Forks Herald v. District Court
,
322 N.W.2d 850 (N.D. 1982)
Malony v. Cass County Court of Increased Jurisdiction
,
301 N.W.2d 112 (N.D. 1980)
Spence v. North Dakota District Court
,
292 N.W.2d 53 (N.D. 1980)
Suburban Sales & Services v. District Ct. of Ramsey County
,
290 N.W.2d 247 (N.D. 1980)
City of Williston v. Beede
,
289 N.W.2d 235 (N.D. 1980)
Marmon v. Hodny
,
287 N.W.2d 470 (N.D. 1980)
Burlington Northern, Inc. v. North Dakota District Court
,
264 N.W.2d 453 (N.D. 1978)
Havener v. Glaser
,
251 N.W.2d 753 (N.D. 1977)
Baer v. O'Keefe
,
235 N.W.2d 885 (N.D. 1975)
Weichel v. Hansen
,
219 N.W.2d 118 (N.D. 1974)
Gill v. Gill
,
211 N.W.2d 374 (N.D. 1973)
Detwiler v. Murray
,
169 N.W.2d 103 (N.D. 1969)
Ingalls v. Bakken
,
167 N.W.2d 516 (N.D. 1969)
State ex rel. Olson v. Lynch
,
138 N.W.2d 785 (N.D. 1965)