Search Tips

Opinions

On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

1071 - 1080 of 12359 results

Twin City Technical, et al. v. Williams Cty, et al. 2022 ND 63
Docket No.: 20210157
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: The law of the case doctrine applies when an appellate court has decided a legal question and remanded to the district court for further proceedings, and a party cannot on a second appeal relitigate issues which were resolved by the Court in the first appeal or which would have been resolved had they been properly presented in the first appeal. The mandate rule requires the district court to follow the appellate court’s pronouncements on legal issues in subsequent proceedings in the case and to carry the appellate court’s mandate into effect according to its terms.

Laches is a delay or lapse of time in commencing an action that works a disadvantage or prejudice to the adverse party because of a change in conditions during the delay.

A court has broad discretion under N.D.C.C. § 32-03-05 in determining whether to award prejudgment interest.

In an equitable proceeding there is no absolute right to a trial by jury.

Under N.D.R.Civ.P. 37(a)(1), a party moving for an order compelling discovery must certify that it has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action. The Court reviews an order compelling discovery under the abuse of discretion standard.

A district court is considered an expert in determining the amount of attorney’s fees, and its decision concerning the amount and reasonableness of the attorney’s fees will not be overturned on appeal absent a clear abuse of discretion. Electronic legal research fees are a component of attorney’s fees and cannot be separately taxed as expenses.

Twin City Technical, et al. v. Williams Cty, et al. 2022 ND 63
Docket No.: 20210157
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Adoption of A.A.H. (CONFIDENTIAL) 2022 ND 62
Docket No.: 20220045
Filing Date: 3/17/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An adoption decree terminating a father’s parental rights and granting a petition for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Adoption of A.A.H. (CONFIDENTIAL) 2022 ND 62
Docket No.: 20220045
Filing Date: 3/17/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Canerdy v. Canerdy, et al. 2022 ND 61
Docket No.: 20210262
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court’s contempt decision will only be disturbed on appeal if the court abused its discretion.

Technical violations of a court order do not necessarily require a finding of contempt.

A party seeking to modify primary residential responsibility who provides competent evidence demonstrating a prima facie case for modification is entitled to an evidentiary hearing.

Canerdy v. Canerdy, et al. 2022 ND 61
Docket No.: 20210262
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Fourth v. State 2022 ND 60
Docket No.: 20210285
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Fourth v. State 2022 ND 60
Docket No.: 20210285
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

State v. Bazile 2022 ND 59
Docket No.: 20210261
Filing Date: 3/17/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: In reviewing a claim of prosecutorial misconduct, this Court first determines whether the prosecutor’s actions were misconduct, then examines whether the misconduct had a prejudicial effect.

A curative jury instruction generally removes prejudice caused by improper statements because the jury is presumed to follow a court’s instruction.

The North Dakota Rules of Criminal Procedure do not require a district court to state findings on the record when a motion is made during trial.

State v. Bazile 2022 ND 59
Docket No.: 20210261
Filing Date: 3/17/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John
Page 108 of 1236