New opinion: Dec. 17 Tuesday, December 17, 2019
The Supreme Court has issued a new opinion. A summary is below.
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Lessard v. Johnson 2019 ND 301
Docket No.: 20190077
Filing Date: 12/17/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John
Highlight: A district court has discretion in deciding whether to grant a new trial under N.D.R.Civ.P. 59.
When a party moves for a new trial under N.D.R.Civ.P. 59, the party is limited on appeal to review of those issues raised in the motion for a new trial.
A district court’s decision awarding primary residential responsibility for children will not be reversed on appeal unless it is clearly erroneous, and the appellate court will not reweigh the evidence or retry the case.
The district court must equitably distribute the parties’ assets and debts in a divorce action.
A party is entitled to a hearing on a motion for contempt under N.D.C.C. § 27-10-01.3, but the party is required to comply with the procedural requirements of N.D.R.Ct. 3.2 to request a hearing.