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State v. Grzadzieleski 2019 ND 254
Docket No.: 20190049
Filing Date: 10/29/2019
Case Type: DUI/DUS
Author: VandeWalle, Gerald W.

Highlight: The State may not appeal from an in limine order excluding evidence based on the physician-patient privilege under N.D.R.Ev. 503.

Supervisory writs are rarely issued and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

Interest of D.V.A. 2019 ND 253
Docket No.: 20190118
Filing Date: 10/29/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Rocky Mountain Steel Foundations. v. Brockett Company, et al. 2019 ND 252
Docket No.: 20190121
Filing Date: 10/29/2019
Case Type: OIL, GAS AND MINERALS
Author: VandeWalle, Gerald W.

Highlight: A lienholder who recovers in a suit upon a bond is entitled to recover a reasonable attorney’s fee for the proceedings before the district court and for a successful appeal.

Clarke v. Taylor 2019 ND 251
Docket No.: 20190070
Filing Date: 10/29/2019
Case Type: OTHER (Civil)
Author: Tufte, Jerod E.

Highlight: A district court’s domestic violence protection order is affirmed.

State v. Ruddell 2019 ND 250
Docket No.: 20190139
Filing Date: 10/29/2019
Case Type: DRUGS/CONTRABAND
Author: Per Curiam

Highlight: District court criminal judgment summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Huerd v. General Motors, LLC 2019 ND 249
Docket No.: 20190125
Filing Date: 10/29/2019
Case Type: OTHER (Civil)
Author: Per Curiam

Highlight: An action brought in small claims court is subject to the doctrine of res judicata. A small claims court’s judgment cannot be appealed in district court. Unless requested by a party, oral argument on a motion under N.D.R.Ct. 3.2 is not required.

Herman v. Herman, et al. 2019 ND 248
Docket No.: 20190150
Filing Date: 10/29/2019
Case Type: PROBATE - WILLS - TRUSTS
Author: Jensen, Jon J.

Highlight: N.D.C.C. § 59-10.1-03(1) requires receipt of the notice, proven through the presumption or otherwise, to begin the 120 day limitation period. The presumption under N.D.C.C. § 59-10.1-03(1) is rebuttable.

It was an abuse of discretion for a district court to deny time for additional discovery under N.D.R.Civ.P. 56(f) when the motion for summary judgment was filed within four days of the service of the complaint and the motion for summary judgment was resolved as the result of a material fact established through a presumption.

Interest of G.T. 2019 ND 247
Docket No.: 20190257
Filing Date: 10/29/2019
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: Orders terminating mother, father, and John Doe’s parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4), and (7).

State v. Tyler 2019 ND 246
Docket No.: 20190067
Filing Date: 10/3/2019
Case Type: ASSAULT
Author: Jensen, Jon J.

Highlight: When a party moves for a mistrial because of an unavailable witness who already testified and neither party is at fault, the movant must make an offer of proof to provide a record of what additional testimony the witness would provide and why the additional testimony is material.

Ramirez v. Houge, et al. 2019 ND 245
Docket No.: 20190120
Filing Date: 10/3/2019
Case Type: OTHER (Civil)
Author: Per Curiam

Highlight: District court judgment affirmed under N.D.R.App.P. 35.1(a)(1), (2), and (4).

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