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.
751 - 800 of 12418 results
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Hoffman v. Hoffman, et. al.
2023 ND 18
Highlight: Unless an exception applies, a motion to modify primary residential responsibility filed within two years of the judgment establishing primary residential responsibility requires the movant to satisfy the heightened standard under N.D.C.C. § 14-09-06.6(3). |
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Keidel v. WSI, et al.
2023 ND 17
Highlight: Res judicata prohibits the relitigation of claims or issues that were raised or could have been raised in an earlier action between the same parties and was resolved by final judgment. |
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Keidel v. WSI, et al.
2023 ND 17 |
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Larson Latham Huettl v. Iversen
2023 ND 16
Highlight: A party to a contract does not waive its contractual rights when its actions are expressly authorized by the terms of the contract. |
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Larson Latham Huettl v. Iversen
2023 ND 16 |
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Reed v. Reed, et al.
2023 ND 15 Highlight: For child support purposes the definition of income is very broad and is intended to include any form of payment to an obligor, regardless of source, which is not specifically excluded under the guidelines. |
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Reed v. Reed, et al.
2023 ND 15 |
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Sadek, et al. v. Weber, et al.
2023 ND 14
Highlight: Rule 54(b), N.D.R.Civ.P., authorizes a district court to direct entry of a judgment adjudicating fewer than all of the claims as final when there is “no just reason for delay.” Absent a finality certification under Rule 54(b), a decision adjudicating fewer than all of the claims in a case does not end the action and it may be revised at any time before entry of a final judgment deciding all of the claims. Rule 54(b) does not apply when a judgment decides all of the claims in a case. |
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Sadek, et al. v. Weber, et al.
2023 ND 14 |
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Cook v. State
2023 ND 13 |
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Cook v. State
2023 ND 13 Highlight: A district court judgment denying petitioner’s application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Burleigh Cty. Social Service Bd. v. Rath
2023 ND 12
Highlight: A district court’s decision to grant an extension or discovery order is discretionary and will not be overturned unless the court abuses its discretion. |
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Burleigh Cty. Social Service Bd. v. Rath
2023 ND 12 |
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Vacancy in Judgeship No. 2, SCJD
2023 ND 11 Highlight: Judgeship retained at Bismarck. |
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State v. Moore
2023 ND 10 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Moore
2023 ND 10 |
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State v. Rademacher (consolidated w/20220127 & 20220128)
2023 ND 9
Highlight: Under N.D.R.Crim.P. 43(a)(1)(B), a defendant has a right to be present in the courtroom at every critical stage of trial. This right is not absolute. A defendant need not be present for discussions about routine administrative matters, logistical, procedural and housekeeping matters, and rulings on evidence and objections. |
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State v. Rademacher (consolidated w/20220127 & 20220128)
2023 ND 9 |
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State v. Krall
2023 ND 8
Highlight: The district court’s determination of a witness’s credibility is deferred to and conflicts in testimony are resolved in favor of affirming the court’s decision in an appeal from a decision on a motion to suppress evidence. |
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State v. Krall
2023 ND 8 |
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Quamme v. Quamme
2023 ND 7
Highlight: In determining an obligor’s child support obligation, the court errs as a matter of law if it does not comply with the child support guidelines. |
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Quamme v. Quamme
2023 ND 7 |
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State v. Smith
2023 ND 6
Highlight: A party may not challenge on appeal an alleged error invited by that party. |
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State v. Smith
2023 ND 6 |
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Interest of S.M.B. (CONFIDENTIAL)
2023 ND 5 Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of S.M.B. (CONFIDENTIAL)
2023 ND 5 |
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UMB Bank N.A. v. Eagle Crest Apartments, et al.
2023 ND 4
Highlight: When a party files a motion for a new trial under N.D.R.Civ.P. 59, review on appeal is limited to the grounds presented in the motion. |
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UMB Bank N.A. v. Eagle Crest Apartments, et al.
2023 ND 4 |
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State v. Banerjee
2023 ND 3 Highlight: Dismissal of motions requesting a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(8). |
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State v. Banerjee
2023 ND 3 |
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Matter of Michael J. Tharaldson Trust
2023 ND 2 Highlight: The primary objective in construing a trust instrument is to ascertain the settlor’s intent. When a trust instrument is unambiguous, the settlor’s intent is ascertained from the language of the trust document itself. |
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Matter of Michael J. Tharaldson Trust
2023 ND 2 |
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Norberg v. Norberg, et al.
2023 ND 1 Highlight: When the district court fails to adequately explain the legal basis for its decision, appellate review of the decision is not possible and remand is appropriate. |
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Washington v. Job Service, et al.
2022 ND 238 Highlight: A judgment affirming Job Service’s decision to deny unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Washington v. Job Service, et al.
2022 ND 238 |
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State v. Clauthier (consolidated w/20220224)
2022 ND 237 Highlight: Two district court orders revoking probation and resentencing a defendant are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Clauthier (consolidated w/20220224)
2022 ND 237 |
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Interest of J.J.G., M.K.G. & O.J.G. (CONFIDENTIAL)
2022 ND 236 Highlight: A party seeking termination of parental rights must prove all of the statutory elements by clear and convincing evidence. If the party seeking termination proves the statutory elements, the district court has discretion to decide whether to terminate parental rights. |
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Interest of J.J.G., M.K.G. & O.J.G. (CONFIDENTIAL)
2022 ND 236 |
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Interest of N.L. (CONFIDENTIAL) (consolidated w/20220312)
2022 ND 235
Highlight: Juvenile courts have exclusive jurisdiction to order termination of parental rights under N.D.C.C. § 27-20.2-03(1)(b). |
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Interest of N.L. (CONFIDENTIAL) (consolidated w/20220312)
2022 ND 235 |
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State v. Yousif
2022 ND 234 Highlight: A district court has broad discretion to exclude extrinsic evidence of prior inconsistent statements at trial, even if a proper foundation has been laid. |
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State v. Yousif
2022 ND 234 |
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Shafer v. Scarborough, et al.
2022 ND 233 Highlight: An arbitration award will not be vacated unless it is completely irrational, and an award is completely irrational if the decision is either mistaken on its face or so mistaken as to result in real injustice or constructive fraud. |
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Shafer v. Scarborough, et al.
2022 ND 233 |
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Matter of Wolff
2022 ND 232 Highlight: A district court’s order denying a petition for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Matter of Wolff
2022 ND 232 |
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Vassel v. Vassel, et al.
2022 ND 231
Highlight: The district court has discretion to award back child support considering the time the parties separated. |
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Vassel v. Vassel, et al.
2022 ND 231 |
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Larson Latham Huettl v. Burckhard
2022 ND 230
Highlight: The district court does not abuse its discretion in denying a request for additional discovery where the party requesting fails to identify what information is sought, why they were unable to obtain the information before the motion for summary judgment, and fails to explain how the information would preclude summary judgment. |