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.
5851 - 5900 of 12446 results
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Ruggles v. Sabe
2003 ND 159 Highlight: A vested remainderman has an action for waste against a life tenant. |
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Alerus Financial v. Lamb, et al.
2003 ND 158
Highlight: When a motion for enlargement of time is untimely, a court, in its discretion, may grant an enlargement of time only if the failure to file timely was the result of excusable neglect. |
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State v. Faleide (Consol. w/20030076-20030077)
2003 ND 157 Highlight: A revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Grewal v. ND Association of Counties, et al.
2003 ND 156 Highlight: An employer of an independent contractor is not liable for the acts or omissions of the independent contractor unless the employer retains control of the method, manner, and operative details of the independent contractor's work. |
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State v. Zephyrin
2003 ND 155 Highlight: Criminal convictions for robbery, felonious restraint, and unauthorized use of a motor vehicle are summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4) and (7). |
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Iglehart v. Iglehart
2003 ND 154 Highlight: Summary judgment is appropriate in a negligence action when the record indicates the defendant did not owe a duty to the plaintiff and was not negligent. |
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State v. Ballweg (consolidated w/20030052 & 20030053)
2003 ND 153
Highlight: Facts in a search warrant affidavit are not misleading if there was no reckless or deliberate falsity nor omitted information that would have negated probable cause. |
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Disciplinary Board v. Edin
2003 ND 152 Highlight: Interim suspension of lawyer ordered. |
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Interest of Z.C.B. (CONFIDENTIAL)
2003 ND 151
Highlight: A minor is not in custody and is not entitled to representation by his parents when he is asked common sense investigatory questions during a routine traffic stop. |
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Torgerson v. Torgerson
2003 ND 150
Highlight: An obligor need not show a material change in circumstances if the motion to modify child support is brought more than one year after entry of the support order. |
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United Valley Bank v. Lamb, et al.
2003 ND 149
Highlight: Rule 38, N.D.R.App.P., authorizes the court to award just damages and single or double costs, including attorney's fees for a frivolous appeal. |
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Lamb v. Riemers
2003 ND 148 Highlight: Unless a contract specifically provides otherwise, the seller may retain earnest money only if the buyer breaches the agreement. |
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Guardianship of Shatzka
2003 ND 147 Highlight: If a guardian is not appointed, the person for whom guardianship was sought may not be required to pay for a court-appointed visitor, lawyer, physician or temporary guardian. |
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Krank v. Krank
2003 ND 146 Highlight: In making its custody decision, the trial court is not required to make specific findings of fact on each factor under N.D.C.C. 14-09-06.2(1), but the court should consider all relevant factors in making the decision. |
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Orvedal v. Orvedal
2003 ND 145
Highlight: When the trial judge who enters an original divorce decree clarifies that decree, the court on appeal affords the clarification considerable deference. |
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Kjolsrud v. MKB Management Corp.
2003 ND 144 Highlight: North Dakota's false advertising law authorizes "any person acting for the interests of itself, its members, or the general public" to bring an action to enjoin violations only if that person satisfies standing requirements. |
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State v. Ricker
2003 ND 143 Highlight: Denial of a motion to suppress evidence is summarily affirmed under Rule 35.1(a)(2) and (3), N.D.R.App.P. |
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Deptuch v. Lindberg
2003 ND 142 Highlight: Judgment upon jury verdict in a contract dispute is summarily affirmed under 35.1(a)(3). |
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Barnes v. Workforce Safety and Insurance
2003 ND 141 Highlight: Nothing in the Rules of Evidence or the statutes governing administrative procedure precludes an employee of an agency from testifying as an expert witness in an administrative proceeding before the agency. |
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Kautzman v. Kautzman (Cross-Ref w/980004,990328,990386,20000083,&20010296)
2003 ND 140
Highlight: For an effective appeal on any proper issue, the matter must have been raised in the trial court, so the trial court could rule on it, and a failure to object to an irregularity at trial is a waiver of the issue. |
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Volz v. Peterson
2003 ND 139
Highlight: A party seeking modification of child custody is entitled to an evidentiary hearing if she presents a prima facie case by alleging, with supporting affidavits, sufficient facts which, if uncontradicted, would support a custody modification in her favor. |
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Interest of J.S. (CONFIDENTIAL) (see Docket Memo)
2003 ND 138 Highlight: A person requiring mental health treatment has the right to the least restrictive conditions necessary to achieve the purposes of the treatment. |
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State v. Stoppleworth (Consolidated w/20020346)
2003 ND 137 Highlight: When a victim is unable or unwilling to identify the defendant at trial, the victim's prior out-of-court statements identifying the defendant as his assailant are admissible if the victim testifies and is available for cross-examination at trial. |
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McKechnie v. Berg, et al.
2003 ND 136
Highlight: Admitting incompetent evidence in a bench trial is not reversible error unless it induced an improper finding. |
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Montgomery v. Montgomery (Cross-reference w/19910217)
2003 ND 135
Highlight: The trier of fact is entitled to weigh and evaluate testimony, and is not required to accept even undisputed testimony. |
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McMorrow v. State
2003 ND 134
Highlight: An applicant for post-conviction relief has the burden of establishing grounds for relief. |
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State v. Ehli
2003 ND 133 Highlight: Due process requires that parties be given notice and afforded a meaningful opportunity to present objections. |
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Langness v. Fencil Urethane Systems, et al.
2003 ND 132
Highlight: N.D.R.Ev. 702 envisions generous allowance of the use of expert testimony if proffered witnesses have some degree of expertise in the field in which they are to testify, and they need not have a formal title or be licensed in any particular field to qualify as an expert if their actual qualifications establish knowledge, skill, experience, training, or education in the field. |
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Benson v. Benson
2003 ND 131
Highlight: When a North Dakota court issues an initial custody decree, the state retains exclusive, continuing jurisdiction to modify the decree unless: (1) a North Dakota court determines the child and at least one parent no longer have a significant connection with the state and the state no longer has substantial evidence concerning the child, or (2) it is determined by North Dakota or another state that all of the parties to the custody dispute have moved away from the state. |
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McClure v. McClure
2003 ND 130 Highlight: In imputing income under N.D. Admin. Code sec. 75-02-04.1-07(3) for determining a child support obligation, the subdivision resulting in the greatest imputed income must be used. |
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Collette v. Clausen
2003 ND 129
Highlight: A supplier of a chattel can be liable for negligent entrustment if the supplier knows or has reason to know the person who he supplies the chattel to is likely to use the chattel in a manner involving unreasonable risk of physical harm to himself or others. |
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Weiss, et al. v. Collection Center, Inc., et al.
2003 ND 128
Highlight: The least-sophisticated-consumer standard is used to determine whether a debt collector has used false or misleading practices to collect a debt. |
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Interest of D.P.O.(CONFIDENTIAL) (Consolidated w/20030020)
2003 ND 127
Highlight: Establishment of a psychological parent relationship does not end the trial court's inquiry in making a custody decision, but merely furnishes a justification for the award of custody to a party other than the natural parent. |
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Matter of Fosaaen (CONFIDENTIAL)
2003 ND 126 Highlight: Lawyer transferred to incapacitated status. |
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Valley Honey Co. v. Graves, et al.
2003 ND 125
Highlight: If a condition appears on the face of a grant of real property, the grant takes effect on performance of the condition. |
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Lawrence v. Roberdeau, et al. (consolidated w/20030061)
2003 ND 124
Highlight: Witness immunity bars a suit challenging a witness's testimony. |
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Bladow v. Bladow
2003 ND 123 Highlight: The proceeds of a personal injury settlement received during the marriage are part of the marital estate, and their distribution is part of the equitable distribution of property in a divorce. |
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Ringsaker v. Workforce Safety and Insurance
2003 ND 122
Highlight: Litigants have a duty to comply with clearly communicated case-management orders. |
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Gonzalez v. Tounjian, et al
2003 ND 121
Highlight: A lessor who retains control over common areas of an apartment building has a duty to exercise reasonable care to keep the common areas safe. |
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Smith v. Baumgartner
2003 ND 120
Highlight: A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute. |
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State v. Schwab
2003 ND 119
Highlight: Under N.D.R.Crim.P. 3(b), amendment of a complaint is within the district court's discretion. |
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Syversen, et al. v. Hess, et al.
2003 ND 118
Highlight: When mistake is alleged, an unambiguous written deed can be altered by parol evidence. |
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Tarnavsky v. McKenzie Co. Grazing Association
2003 ND 117
Highlight: Statutes of limitation ordinarily begin to run from the commission of the wrongful act giving rise to the cause of action. |
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State v. Steen (Consolidated w/20020356-20020360)
2003 ND 116
Highlight: An order correcting an illegal sentence involves a substantial right and is appealable. |
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Coons v. Coons
2003 ND 115 Highlight: Where a presumption of domestic violence has been made and not yet rebutted, interim custody may be transferred from the presumed perpetrator until the presumption is rebutted by clear and convincing evidence. |
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Interest of K.P.
2003 ND 114 Highlight: To modify an alternative treatment order, a trial court must find by clear and convincing evidence: (1) the respondent is not complying with the alternative treatment order; or (2) the alternative treatment is not sufficient to prevent the respondent from harming the respondent or others. |
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Rist v. ND Dept. of Transportation
2003 ND 113
Highlight: Community caretaking justifies law enforcement contact without reasonable suspicion of unlawful conduct. |
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Van Klootwyk, et al. v. Baptist Home
2003 ND 112 Highlight: The three-month period for providing an admissible expert opinion under N.D.C.C. 28-01-46 applies only when a lawsuit based upon professional negligence is brought against a physician, nurse, or hospital, not a nursing home. |
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State v. Dimmitt
2003 ND 111
Highlight: If a judge impermissibly participates in plea negotiations, and a defendant shows his guilty plea resulted from the influence or confusion caused by the trial court's involvement in the negotiations, the defendant must be permitted to withdraw his guilty plea. |
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Tarnavsky v. Tarnavsky, et al.
2003 ND 110
Highlight: A partnership is an association of two or more persons to carry on as co-owners in business for profit and requires an intention to be partners, co-ownership of the business, and a profit motive. |