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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.

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St. Alexius Medical Center v. Nesvig, et al. 2022 ND 65
Docket No.: 20220005
Filing Date: 3/17/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Highlight: This Court’s power to issue supervisory writs is discretionary and is used only to rectify errors and prevent injustice where no adequate alternative remedy exists.

Peer review records are privileged and not subject to discovery in any civil action.

When a party withholds discoverable information because it is privileged, the party must expressly make a claim of privilege and describe the nature of the documents in a manner that, without revealing the information, enables other parties to assess the claim.

We look first at the words of the peer review statute, then determine how they apply to the procedure established by N.D.R.Civ.P. 26.

District Courts have discretion to conduct an in camera review of documents if a party challenges a claim of privilege identified in an adequate privilege log.

St. Alexius Medical Center v. Nesvig, et al. 2022 ND 65
Docket No.: 20220005
Filing Date: 3/17/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Schrodt v. Schrodt, et al. 2022 ND 64
Docket No.: 20210211
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The district court did not abuse its discretion when it denied the request for a continuance.

The district court’s property valuations were not clearly erroneous.

An award of parenting time with appropriate restrictions is not clearly erroneous when based on evidence in the record.

When a child support obligor is underemployed, the district court is permitted under the child support guidelines to impute income to the obligor.

The district court has inherent authority to award attorney’s fees as a sanction for a litigant’s misconduct.

Schrodt v. Schrodt, et al. 2022 ND 64
Docket No.: 20210211
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

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
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