Highlight:A district court must make adequate findings under N.D.R.Civ.P. 52(a)(1) to understand the basis for its decision.
Interest of B.R.2023 ND 137 Docket No.: 20230186 Filing Date: 7/19/2023 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam
Highlight:Orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Redpaint v. State2023 ND 136 Docket No.: 20230042 Filing Date: 7/19/2023 Case Type: POST-CONVICTION RELIEF Author: Tufte, Jerod E.
Highlight:Postconviction relief is governed by statute, and its proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure.
An application for postconviction relief must be filed within two years after the conviction becomes final unless there is newly discovered evidence, delay due to physical disability or mental disease, or newly interpreted law retroactively applicable.
Interest of G.R.D.2023 ND 135 Docket No.: 20230023 Filing Date: 7/19/2023 Case Type: JUVENILE LAW (Criminal) Author: Crothers, Daniel John
Highlight:A juvenile court’s order placing a child into the custody of the Division of Juvenile Services will not be reversed unless the court’s findings were clearly erroneous.
Otten v. Otten, et. al.2023 ND 134 Docket No.: 20230019 Filing Date: 7/19/2023 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Bahr, Douglas Alan
Highlight:A district court judgment dividing marital property, weighing the best interest factors and awarding parenting time is affirmed.
A district court has broad discretion over the progress and conduct of a trial, and the determination whether to grant a continuance lies within the sound discretion of the district court.
Under N.D.R.App.P. 38, this Court may award attorney’s fees if the appeal is frivolous. An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which evidences bad faith.
Dogbe v. Dogbe, et al.2023 ND 133 Docket No.: 20230037 Filing Date: 7/19/2023 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Crothers, Daniel John
Highlight:To modify a primary residential responsibility order within the two-year period following the entry of the order the movant must make a prima facie case showing the requirements under N.D.C.C. § 14-09-06.6(5).
The district court can grant relief from an order if the party shows any of the reasons necessary for relief under N.D.R.Civ.P. 60(b).
Attorney's fees awarded by the district court will be reversed if the court abused its discretion.
Highlight:A district court’s review of in-camera documents is reviewed for an abuse of discretion.
A district court’s conclusion that attorney work product meets the potential liability exception under N.D.C.C. § 44-04-19.1(8) must include a finding that the records relate to circumstances for which there remains a genuine potential for liability.
A public entity that has a legal duty to defend its member agencies may be able to demonstrate that attorney work product is exempt from disclosure if disclosure would reveal records that relate to circumstances for which there remains a genuine potential for liability.
A district court must follow the pronouncements of an appellate court on legal issues in subsequent proceedings of the case.
Highlight:The requirements for perfecting an appeal under the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, are jurisdictional.
Jurisdictional requirements do not allow for equitable exceptions.
The terms of the statutes governing appeals control whether the time for taking an appeal may be tolled.
State v. Knight2023 ND 130 Docket No.: 20230020 Filing Date: 7/19/2023 Case Type: SEXUAL OFFENSE Author: McEvers, Lisa K. Fair
Highlight:A motion for new trial is reviewed for abuse of discretion.
Whether a jury verdict was coerced depends on the totality of the circumstances.
The district court does not abuse its discretion when it does not consider a juror declaration pertaining to the mental process of a juror during deliberations when deciding a motion for new trial.
Fleck v. Fleck, et al.2023 ND 129 Docket No.: 20230011 Filing Date: 7/19/2023 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: McEvers, Lisa K. Fair
Highlight:Whether to allow evidence on a motion, and what type of evidence to allow, is within the sound discretion of the district court.
The remedy for unfair surprise is a continuance.
A movant requesting changed parenting time is not required to establish a prima facie case to obtain an evidentiary hearing.
The standard for determining whether a material change in circumstances has occurred for purposes of modifying parenting time does not require an adverse effect on the child or a resulting decline in the child’s condition.
A party may not use subsequent proceedings to collaterally attack a final decision that was not appealed.