New opinions: Feb. 16 Thursday, February 16, 2023
The Supreme Court has issued 20 new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
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Interest of V.C. 2023 ND 31 Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Krogstad v. State 2023 ND 30 Highlight: An order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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L&C Expedition, et al. v. Swenson, Hagen and Co., et al. 2023 ND 29 Highlight: Section 22-03-03, N.D.C.C., provides that if parties contractually agree to a limitation on the time to bring a claim, the surety cannot be held beyond that limitation. |
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State v. Thompson 2023 ND 28 Highlight: Probable cause supporting issuance of a search warrant exists when the facts and circumstances would lead a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched. |
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Panther Pressure Testers, et al. v. Szostak, et al. 2023 ND 27 Highlight: Under N.D.R.Civ.P. 37, a district court has a spectrum of sanctions available for discovery violations, including an entry of default judgment. Default judgment should be imposed only if there is a deliberate or bad faith non-compliance which constitutes a flagrant abuse of or disregard for discovery rules. |
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State v. Knight 2023 ND 26 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Bowen 2023 ND 25 Highlight: A district court may infer that an event did not occur on the basis of a witness’s testimony that she had no recollection of the event occurring combined with testimony of habit or practice about what she would have done if it had occurred. |
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State v. Dunn 2023 ND 24 Highlight: A district court does not violate North Dakota Supreme Court Rule 52(4) by offering to reschedule a hearing so that a defendant may speak with counsel or by allowing a defendant to withdraw their request to speak with counsel. |
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Kitzan v. Kitzan, et al. 2023 ND 23 Highlight: A district court does not commit clear error when it determines that certain items and their valuations should be included in a marital estate if it relies on valuations within the range of evidence presented and at the time of separation. |
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Jensen v. Jensen, et al. 2023 ND 22 Highlight: A movant must establish a prima facie case for a change of primary residential responsibility justifying a modification by alleging enough evidence for the fact finder to conclude that a material change in circumstances has occurred and that a modification is in the best interests of the children. |
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Interest of R.S. 2023 ND 21 Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Knutson v. Foughty, et al. 2023 ND 20 Highlight: This Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists. |
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Interest of G.V. 2023 ND 19 Highlight: Under N.D.C.C. § 27-20.1-11(1)(d), a juvenile court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child’s best interest and the child is in need of protection. |
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Hoffman v. Hoffman, et. al. 2023 ND 18 Highlight: Unless an exception applies, a motion to modify primary residential responsibility filed within two years of the judgment establishing primary residential responsibility requires the movant to satisfy the heightened standard under N.D.C.C. § 14-09-06.6(3). |
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Keidel v. WSI, et al. 2023 ND 17 Highlight: Res judicata prohibits the relitigation of claims or issues that were raised or could have been raised in an earlier action between the same parties and was resolved by final judgment. |
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Larson Latham Huettl v. Iversen 2023 ND 16 Highlight: A party to a contract does not waive its contractual rights when its actions are expressly authorized by the terms of the contract. |
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Reed v. Reed, et al. 2023 ND 15 Highlight: For child support purposes the definition of income is very broad and is intended to include any form of payment to an obligor, regardless of source, which is not specifically excluded under the guidelines. |
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Sadek, et al. v. Weber, et al. 2023 ND 14 Highlight: Rule 54(b), N.D.R.Civ.P., authorizes a district court to direct entry of a judgment adjudicating fewer than all of the claims as final when there is “no just reason for delay.” Absent a finality certification under Rule 54(b), a decision adjudicating fewer than all of the claims in a case does not end the action and it may be revised at any time before entry of a final judgment deciding all of the claims. Rule 54(b) does not apply when a judgment decides all of the claims in a case. |
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Cook v. State 2023 ND 13 Highlight: A district court judgment denying petitioner’s application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Burleigh Cty. Social Service Bd. v. Rath 2023 ND 12 Highlight: A district court’s decision to grant an extension or discovery order is discretionary and will not be overturned unless the court abuses its discretion. |