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.
1431 - 1440 of 12359 results
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Friesz v. State
2021 ND 37 Highlight: In a post-conviction relief proceeding, a petitioner is entitled to a fourteen-day window to respond to a request for dismissal of their petition for post-conviction relief. |
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WSI v. Cherokee Services Group, et al.
2021 ND 36
Highlight: Tribal sovereign immunity protects Indian tribes against lawsuits, even ones brought by the State. |
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AE2S Construction v. Hellervik Oilfield Technologies, et al.
2021 ND 35
Highlight: An appearance for purposes of N.D.R.Civ.P. 55(a) is any response sufficient to give the plaintiff or his or her attorney notice of an intent to contest the claim. |
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Atkins v. State
2021 ND 34
Highlight: If an applicant files a N.D.R.Civ.P. 60(b) motion for relief following an order denying post-conviction relief, the motion will be treated as another post-conviction relief application and will not toll the time for appealing the order denying post-conviction relief. |
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Orwig v. Orwig (consolidated w/20200124)
2021 ND 33
Highlight: In a court trial, any error in admitting a deposition is harmless unless the deposition testimony induced the court to make an essential finding which would not otherwise have been made or otherwise affected a party’s substantial rights. |
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Paulson v. Paulson
2021 ND 32 Highlight: A district court’s decision on whether to vacate a divorce judgment under N.D.R.Civ.P. 60(b) will not be overturned on appeal absent an abuse of discretion. A party seeking to vacate a divorce judgment entered pursuant to a settlement agreement under N.D.R.Civ.P. 60(b) must demonstrate extraordinary circumstances justifying relief. When considering whether a divorce judgment based on a settlement agreement should be vacated, the district court should inquire: (1) whether the agreement is free from mistake, duress, menace, fraud, or undue influence; and (2) whether the agreement is unconscionable. The party seeking relief from judgment based on fraud has the burden to establish fraud by clear and convincing evidence. Unconscionability may be considered as a ground for relief under N.D.R.Civ.P. 60(b)(6). To vacate a divorce judgment as unconscionable, there must be a showing of both procedural and substantive unconscionability. A disparate settlement is not necessarily substantively unconscionable, particularly in a short-term marriage |
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Burr v. N.D. State Board of Dental Examiners
2021 ND 31 Highlight: The test we apply when determining governmental liability and discretionary acts distinguishes between immune discretionary acts and non-immune ministerial acts. In examining the nature of the challenged conduct, the first inquiry a court must consider is whether the action is a matter of choice for the acting employee. Even if ‘the challenged conduct involves an element of judgment or choice, the second inquiry a court must consider is whether that judgment or choice is of the kind that the discretionary function exception was designed to shield. |
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Oden v. Minot Builders Supply, et al.
2021 ND 30
Highlight: Foreign judgments are not entitled to full faith and credit under certain circumstances such as when the rendering court lacks jurisdiction. |
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Grand Prairie Agriculture v. Pelican Township Board of Supervisors
2021 ND 29
Highlight: A township’s decision on a petition for approval of a proposed site for an animal feeding operation may be reversed on appeal if the township misinterprets or misapplies the law. |
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Whetsel v. State
2021 ND 28
Highlight: Once the State has responded to a petition for post-conviction relief, sua sponte summary disposition by the court is no longer available, and the State is required to move for summary disposition. |