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Peters-Riemers v. Riemers

Docket No. 20010135
Oral Argument: Thursday, December 13, 2001 1:30pm

Docket Info

Title
Jenese A. Peters-Riemers, Plaintiff and Appellee
v.
Roland C. Riemers, Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. C-00-42
East Central Judicial District, Traill County
Lawrence A. Leclerc
2002 ND 72644 N.W.2d 197
Oral Argument 12/13/2001

Highlight

When the state constitution was adopted in 1889 there was no common law or statutory right to a jury trial in divorce actions, and, therefore, N.D. Const. art. I, sec. 13 does not provide a right to a jury trial in divorce actions.
Failure to provide truthful and accurate financial information to a potential spouse upon entering a premarital agreement is sufficient ground to render the agreement unenforceable.
N.D. Const. art. XI, sec. 23, providing that a woman's property, upon marriage, remains her separate property and is not liable for the debts of her husband, is not part of our divorce law and has no application to the division of marital assets in dissolving a marriage.


Briefs

Filing Date Description
09/19/2001 APPELLANT BRIEF View
11/06/2001 APPELLEE BRIEF View
12/04/2001 REPLY BRIEF of Appellant View

Counsel

Party Type Name
AMICUS CURIAE ATT. GENERAL OFFICE Reid Alan Brady - 05696

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 05/23/2001 NOTICE OF APPEAL : 05/21/2001
2 05/23/2001 ORDER FOR TRANSCRIPT : 05/22/2001
3 06/05/2001 RETENTION OF RECORD ON APPEAL : 07/11/2001
4 06/28/2001 MOTION FOR Modification of Supersedeas Bond
5 06/28/2001 NO ACTION TAKEN (must be first submitted to trial court)
6 07/09/2001 TRANSCRIPT DATED 1-19-01
7 07/10/2001 DISK - TRA dated 1-19-01 (e-mailed)
8 07/11/2001 MOT. EXT/TIME TRANSCRIPT (Gail E. Wells & Steven W. Randall)
9 07/11/2001 ACTION BY TRIAL COURT (MTR) - Granted : 08/20/2001
10 07/12/2001 MOTION FOR LEAVE TO CORRECT CLERICAL ERROR, BRIEF AND AFFIDAVIT
11 07/13/2001 ACTION BY CHIEF JUSTICE (Remanded) - Granted
12 07/13/2001 ORDER OF REMAND
13 07/13/2001 Order of Remand Mailed to Parties
14 07/31/2001 MOTION FOR LEAVE OF COURT - EN BANC - FOR SUPPORT HEARING W/ATTACHMENTS
15 08/01/2001 TRANSCRIPT DATED January 18, & 19, 2001 (Vol I)
16 08/02/2001 DISK - TRA dated January 18 & 19, 2001
17 08/07/2001 JENESE PETERS-RIEMERS' OPPOSITION TO MOTION FOR LEAVE OF COURT FOR SUPPORT HEARING
18 08/08/2001 ACTION BY SUPREME COURT - Denied
19 08/08/2001 Order/Judgment Mailed to Parties
20 08/09/2001 Objection to Attorney Testimony from AT Roland C. Riemers, pro se dated 8-7-01
21 08/09/2001 NO ACTION TAKEN (on Objection to Atty Testimony)
22 08/10/2001 TRANSCRIPTS DATED February 26, 27 & 28, 2001 (Volumes II, III & IV)
23 08/10/2001 DISK - TRA's of Feb. 26, 27 & 28, 2001 (1 document electronic filing)
24 08/22/2001 RECORD ON APPEAL (8 Vols.), orig. transcripts dated 8-24-00 & 2-28-01, & Exhibits (w/exception of
25 08/22/2001 Defendant's Ex. 143 - Gun, which is part of Clerk's Cert. #198)
26 09/11/2001 Petition and Demand for Appointment of Guardian Ad Litem, Brief/Support & Affidiavit in Support
27 09/12/2001 ACTION BY SUPREME COURT (MOT/guardian ad litem) - Denied
28 09/19/2001 APPELLANT BRIEF View
29 09/19/2001 APPELLANT APPENDIX
30 09/27/2001 Corrected T.O.A. & pages 17,23,24,&27 for ATB & Corrected T.O.C. & added Appendix T, U, V, & W for
31 09/27/2001 Appendix
32 09/28/2001 DISK - ATB
33 10/08/2001 MOT. EXT/TIME APPELLEE BRIEF (via fax)
34 10/08/2001 ACTION BY CLERK (w/understanding on December Term) - Granted : 11/09/2001
35 10/09/2001 Original and 7 copies of Motion Ext./Time Appellee Brief
36 10/12/2001 Response to Appellee's Request to Delay Filing of Appellee's Brief
37 10/12/2001 AMICUS CURIAE BRIEF (State of ND) View
38 10/12/2001 DISK - (Amicus Curiae Brief)
39 11/06/2001 APPELLEE BRIEF View
40 11/06/2001 APPELLEE APPENDIX
41 11/07/2001 DISK - AEB
42 11/21/2001 Reply Brief of Appellant (Withdrawn & replaced by RYB filed 12-4-01)
43 11/26/2001 CONTEMPT MOTION AND BRIEF IN SUPPORT OF MOTION (Ex. 1 attached); AFF. IN SUPPORT; PROPOSED ORDER
44 11/27/2001 MOTION FOR STAY OF ORDER AND ENTRY OF JUDGMENT
45 11/28/2001 ACTION BY SUPREME COURT (Remanded for action on contempt motion; jurisdiction retained) - Granted
46 12/04/2001 REQUEST TO REPLACE REPLY BRIEF
47 12/04/2001 ACTION BY CHIEF JUSTICE (Req/replace RYB) - Granted
48 12/04/2001 REPLY BRIEF of Appellant View
49 12/04/2001 DISK - RYB
50 12/06/2001 ACTION BY SUPREME COURT (Request for Stay) - Denied
51 12/06/2001 Order/Judgment Mailed to Parties
52 12/13/2001 APPEARANCES: Roland C. Riemers; Michael L. Gjesdahl
53 12/13/2001 ARGUED: Riemers; Gjesdahl (Vol. X; Page 186)
54 12/13/2001 ORAL ARGUMENT WEBCAST
55 02/13/2002 REQUESTED REMAND ON ISSUES OF CHILD AND SPOUSAL SUPPORT (w/attachments)
56 02/21/2002 ACTION BY SUPREME COURT (MOT/remand on child support & spousal support) - Denied
57 02/21/2002 MOTION FOR REMAND (sua sponted)
58 02/21/2002 ACTION BY SUPREME COURT (MOT/remand/retaining jx) - Granted
59 02/21/2002 ORDER OF REMAND
60 02/21/2002 Order of Remand & Order denying remand mailed to Parties, Clerk, Trial Judge
61 03/05/2002 Petition for Reconsideration on Spousal Support
62 03/05/2002 Petition for Writ of Mandamus &/or Supervisory Writ
63 03/13/2002 ACTION BY SUPREME COURT (MOT/reconsideration on spousal support) - Denied
64 03/13/2002 ACTION BY SUPREME COURT (Writ of Mandamus or supervision) - Denied
65 03/13/2002 Order Mailed to Parties, clerk, trial court
66 04/10/2002 MOTION FOR VISITATION CHANGE AND REMAND FOR CONTEMPT, AFFIDAVIT IN SUPPORT, AND EXHIBITS - Denied
67 04/17/2002 ACTION BY SUPREME COURT (re Motion and Remand) - Denied
68 04/29/2002 Certified copy of District Court Order on Remand to Amend Findings of Fact
69 05/14/2002 DISPOSITION
70 05/14/2002 UNANIMOUS OPINION : Neumann, William A. View
71 05/14/2002 Costs on appeal taxed in favor of appellee
72 05/14/2002 Taking of Judicial Notice on Property Remand
73 05/17/2002 Order/Judgment Mailed to Parties
74 05/22/2002 Petition for Writ of Mandamus and/or Supervisory Writ
75 05/24/2002 PETITION FOR REHEARING View
76 05/28/2002 Notice of Entry of Judgment and Affidavit of Service by Mail
77 05/29/2002 ACTION BY SUPREME COURT (Petition for Writ of Mandamus and/or Supervisory Writ) - Denied
78 05/29/2002 Order denying Petition for Writ of Mandamus Mailed to Riemers, Gjesdahl,Clerk, & Judge Rothe-Seeger
79 05/31/2002 DISK NONCOMPLIANCE - Disk of Petition for Rehearing not rec'd scanned per PM
80 05/31/2002 Addendum to Petition for Rehearing & or Reconsideration
81 05/31/2002 DISK - Addendum to Petition for Rehearing
82 06/03/2002 DISK - Pet. for Rehearing
83 06/04/2002 ACTION BY SUPREME COURT (Petition for Rehearing) - Denied
84 06/12/2002 MANDATE
85 08/13/2002 Copy of Petition for Writ of Certiorari to U.S. Supreme Court
86 09/16/2002 Letter from U.S. Supreme Court dated 9-10-02 (Case placed on S.C. docket)
87 11/29/2002 Courtesy copies of Petition for Writ of Certiorari to U.S. Supreme Court (distributed)
88 03/03/2003 Letter from William K. Suter, Clerk of US Supreme Court dated 2-24-03 RE: denial of Petition for
89 03/03/2003 Writ of Certiorari
90 06/14/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
91 08/29/2007 EXPUNGED - Nonpermanent record items destroyed