Opinions

State v. Haskins 2026 ND 23
Docket No.: 20250091
Filing Date: 2/5/2026
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: Rule 11, N.D.R.Crim.P., does not require courts to specifically address a defendant's age, education, mental capacity, background, or experience during the plea colloquy.

Courts have no duty under Rule 11 to inquire about or rule out potential affirmative defenses before accepting a guilty plea. A guilty plea generally waives all non-jurisdictional claims and defenses, including constitutional, procedural, and statutory defenses.

Rule 11(b)(3) requires the court to determine a factual basis exists before entering judgment on a guilty plea. The factual basis must satisfy all elements of the charged crime and be sufficiently precise and specific on the record.

Even when a Rule 11 violation constitutes obvious error, the defendant must demonstrate the error affected substantial rights.

A sentence within the statutory range and the range contemplated in the plea agreement is generally not grossly disproportionate under Eighth Amendment analysis.

State v. Torres-Sosa 2026 ND 22
Docket No.: 20250228
Filing Date: 2/5/2026
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) and (8).

Adoption of M.L.P. 2026 ND 21
Docket No.: 20250390
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Adoption
Author: Per Curiam

Highlight: A district court order denying a petition to terminate parental rights and for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2)

Hughes v. Waters 2026 ND 20
Docket No.: 20250364
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Jensen, Jon J.

Highlight: A child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is one in which a child has lived with a parent or a person acting as a parent for at least six months immediately before the commencement of a child custody proceeding. N.D.C.C. § 14-14.1-01(6). When North Dakota is not a child's home state, the UCCJEA still permits a North Dakota court to assume jurisdiction over a child custody proceeding in several circumstances, including when: (1) no other courts have home state jurisdiction; (2) no other courts with home state jurisdiction have declined jurisdiction on the ground North Dakota was the more appropriate forum; and (3) no other courts with jurisdiction (whether home state or otherwise) have declined jurisdiction on the ground that North Dakota was the more appropriate forum. N.D.C.C. § 14-14.1-12(1)(d).

UND v. Whelan, et al. 2026 ND 19
Docket No.: 20250286
Filing Date: 2/5/2026
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Highlight: The subject matter of a contract is governed by relevant statutory law. This general principle does not operate to transform an action based on statutory rights into a contract claim.

A claim for unjust enrichment may be grounded in contract or tort law. Whether a claim for unjust enrichment sounds in tort or contract depends upon the factual basis underlying the claim. When the unjust enrichment allegations are predicated on tortious conduct, such as misrepresentation or fraud, the claim is properly characterized as one arising in tort.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250441
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250442
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250443
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250444
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 17
Docket No.: 20250439
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 17
Docket No.: 20250440
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Sanderson v. Cole 2026 ND 16
Docket No.: 20250288
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Under N.D.R.Civ.P. 3 a civil action is commenced by the service of a summons. Rule 3, N.D.R.Civ.P., allows the defendant to file the complaint in district court.

Rule 3, N.D.R.Civ.P., differs from Fed.R.Civ.P. 3, which requires filing of a complaint to commence an action.

Under N.D.R.Civ.P. 5, unless otherwise authorized by rule or statute, a party seeking to file an initiating pleading must provide proof that the pleading was served under Rule 4. Failure to file proof that the initiating pleading was filed is
subject to N.D.R.Civ.P. 61 harmless error analysis.

Prosecutors may be entitled to either absolute or qualified immunity from civil liability under 42 U.S.C. § 1983 for actions undertaken in accordance with their official duties.

Prosecuting attorneys are considered quasi-judicial officers entitled to absolute immunity granted judges when their activities are intimately associated with the judicial phase of the criminal process.

The prevailing party of a frivolous action shall be awarded attorney's fees under N.D.C.C. § 28-26-01(2).

Johnson v. State 2026 ND 15
Docket No.: 20250287
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Williamson v. State 2026 ND 14
Docket No.: 20250365
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

State v. Luetzen 2026 ND 13
Docket No.: 20250223
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: Individuals who have been convicted of certain felony offenses are prohibited from owning a firearm or having one in possession. Under N.D.C.C. § 62.1-01-01(11), to obtain a conviction based on constructive possession, the State must prove the person had the power and intention to exercise control. Actual possession, on the other hand, may be proven by establishing direct physical control. The offense is no longer exclusively a strict liability offense, but it also does not always require proof of intent.

Under N.D.C.C. § 62.1-01-01(3), a "firearm" is defined as any device that expels or is readily capable of expelling a projectile by the action of an explosive. This definition requires the State to prove a gun is functional. Direct evidence is not required; functionality may be proved by the surrounding facts and circumstances, including testimony from lay witnesses. Caselaw has not established a clear or obvious legal rule as to what constitutes sufficient evidence to prove a handgun is able to expel or readily capable of expelling a projectile.

State v. Lais 2026 ND 12
Docket No.: 20250231
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Jensen, Jon J.

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Golberg 2026 ND 11
Docket No.: 20250224
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Other
Author: Jensen, Jon J.

Highlight: The Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant. The location of a home's threshold is not always clear. Police may not enter a private enclosed entrance when there is a more direct alternative access designated for public use. An enclosed area may sometimes be the most direct access to a home's threshold and designated for public use.

Cull v. Cull 2026 ND 10
Docket No.: 20250303
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: The use of extended family members for childcare does not amount to a material change in circumstances unless it can be shown the arrangement has a detrimental effect on the children.

A moving party must present competent evidence establishing a causal connection between alleged problems and the other parent's parenting. Merely alleging without support that problems stem from the other parent's parenting style is insufficient to establish a material change of circumstances.

An isolated incident does not automatically mandate a finding of material change in circumstances, even when the incident involves potential endangerment to a child's physical or mental health.

State v. Vasquez 2026 ND 9
Docket No.: 20250314
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Rule 11(a)(2), N.D.R.Crim.P., addresses conditional guilty pleas and requires: (1) the defendant, any defendant's attorney, and the prosecuting attorney consent in writing to the conditional plea; (2) the court accept the conditional plea and enter an order; and (3) the judgment specify the plea is conditional.

Temporary remand is warranted for the district court's determination whether the plea was conditional and, if so, entry of an order and judgment consistent with the requirements of N.D.R.Crim.P. 11(a)(2).

State v. Olson 2026 ND 8
Docket No.: 20250264
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Bahr, Douglas Alan

Highlight: Appellate briefs must include references to the record and must cite to the record showing that issues were preserved for review. This Court will not consider arguments that are not adequately articulated, supported, and briefed, and will not engage in unassisted searches of the record for evidence to support a party's position.

An information may be amended any time before verdict if no additional or different offense is charged. An amendment expanding the date range of an alleged offense does not constitute charging a different or additional offense when the essential elements remain unchanged.

Section 12.1-02-02(2), N.D.C.C., is only applicable to Title 12.1, and the willful culpability level will not be read into other chapters unless the legislature specifically states as such.

State v. Krall 2026 ND 7
Docket No.: 20240233
Filing Date: 1/15/2026
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: In an appeal challenging the sufficiency of the evidence, we look only to the evidence and reasonable inferences most favorable to the verdict to ascertain if there is substantial evidence to warrant the conviction.

A conviction rests upon insufficient evidence only when, after reviewing the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, no rational fact finder could find the defendant guilty beyond a reasonable doubt.

A conviction may be justified on circumstantial evidence alone if the circumstantial evidence has such probative force as to enable the trier of fact to find the defendant guilty beyond a reasonable doubt. A verdict based on circumstantial evidence carries the same presumption of correctness as other verdicts.

Jury instructions are reviewed as a whole to determine if they correctly and adequately inform the jury. Selecting and considering only a part of the instructions is not proper.

An error in a jury instruction provides grounds for reversal only when the instructions as a whole are erroneous, relate to a central subject in the case, and affect the defendant's substantial right.

Ziemann v. Grosz 2026 ND 6
Docket No.: 20250164
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: The mandate rule, a more specific application of law of the case, requires the district court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.

An appellate court retains authority to decide whether the district court on remand fully carried out terms of its mandate.

Gum v. Muddy Boyz Drywall 2026 ND 5
Docket No.: 20250324
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: A party does not have a right to appeal if there is no final judgment or proper N.D.R.Civ.P. 54(b) certification.

Weigel, et al. v. Albertson 2026 ND 4
Docket No.: 20250342
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: An order from a district court granting a motion to disqualify an attorney is not appealable under N.D.C.C. § 28-27-02(3) or the collateral order doctrine.

Supervisory jurisdiction may be exercised to review an order granting a motion to disqualify an attorney because a civil litigant has a protected interest in counsel of the litigant's choice, and an appeal from a final judgment is not an adequate remedy for erroneous disqualification.

When a district court finds a lawyer-client relationship between an attorney and a company based on objective manifestations, including providing legal advice to the company's officers and employees, the district court does not abuse its discretion in disqualifying the attorney under N.D.R. Prof. Conduct 1.7(a)(1) if the attorney represents clients on both sides of the litigation.

A district court commits legal error by concluding an attorney has a lawyer-client relationship with a company solely because the attorney signed and prosecuted derivative claims brought by a shareholder on behalf of the company.

An error is harmless if it does not affect the outcome of the case or a party's substantial rights.

Rangel v. State 2026 ND 3
Docket No.: 20250281
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order granting a motion for summary disposition of postconviction relief applications is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Mogren 2026 ND 2
Docket No.: 20250266
Filing Date: 1/15/2026
Case Type: Appeal - Criminal - Other
Author: Tufte, Jerod E.

Highlight: When a container has been previously opened by a government agent under lawful authority, and there is no substantial likelihood its contents have changed, a warrantless search of that container by law enforcement does not violate the
Fourth Amendment of the United States Constitution or Article I, Section 8 of the North Dakota Constitution.

Law enforcement officers are legally present in a home when the occupant consents to their entry

Pederson v. State 2026 ND 1
Docket No.: 20250208
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: Ineffective assistance of counsel claims ordinarily are unsuited for summary disposition and denial without an evidentiary hearing.

Summary disposition of an applicant's ineffective assistance of counsel claims is error when the State does not move for summary disposition and instead requests a hearing on the claims.

A court's subject matter jurisdiction can be challenged at any stage of the proceedings, including during postconviction relief.

A judge presented with a motion for disqualification must determine whether a reasonable person could, on the basis of all the facts, reasonably question the judge's impartiality.

State v. Lawrence 2025 ND 237
Docket No.: 20250299
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: A district court order denying a petition to return forfeited bail is affirmed.

White Bird v. State 2025 ND 236
Docket No.: 20250217
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Tischmak v. Theurer, et al. 2025 ND 235
Docket No.: 20250059
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: District courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties, and great flexibility in fashioning appropriate relief for the parties.

The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The task of weighing the evidence and judging the credibility of witnesses
belongs to the trier of fact, and this Court does not reweigh credibility or resolve conflicts in the evidence.

State v. Medina 2025 ND 234
Docket No.: 20250178
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Rule 11(a)(2), N.D.R.Crim.P., addresses conditional guilty pleas and requires: (1) the defendant, any defendant's attorney and the prosecuting attorney consent in writing to the conditional plea; (2) the court accept the conditional plea and enter an order; and (3) the judgment specify the plea is conditional.

Temporary remand is warranted for the district court's determination whether the plea was conditional and, if so, entry of an order and judgment consistent with the requirements of N.D.R.Crim.P. 11(a)(2).

State v. Solis 2025 ND 233
Docket No.: 20250247
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A district court did not abuse its discretion by requiring registration as a sex offender.

Under N.D.C.C. § 12.1-32-15(2)(b), a court may deviate from the registration requirement if the court makes findings on the specified criteria. The court is not required to make the findings unless it first exercises its discretion to deviate
from the registration requirement.

Bohe v. State 2025 ND 232
Docket No.: 20250285
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) & (4).

City of Williston v. Bauer 2025 ND 231
Docket No.: 20250216
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - Disorderly Conduct
Author: Crothers, Daniel John

Highlight: The order denying the defendant's motion for recovery of attorney's fees and costs, brought in a criminal case after acquittal, is affirmed.

Markestad v. Markestad, et al. 2025 ND 230
Docket No.: 20250220
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: McEvers, Lisa K. Fair

Highlight: The district court must state its findings of fact with sufficient specificity to enable a reviewing court to understand the factual basis for its decisions.

Under the clearly erroneous standard of review, we do not reweigh the evidence or reassess the credibility of witnesses, and we will not retry a custody case or substitute our judgment for the district court's decision merely because we might have reached a different result. A fit non-custodial parent is routinely awarded some form of extended summer visitation unless the court has reason to deny it.

Appellate courts review the record and findings as a whole and if the controlling findings are supported by the evidence, they will be upheld on appeal notwithstanding immaterial misstatements in the lower court's decision.

A party is not entitled to attorney's fees on appeal if the issue is inadequately briefed or the appeal is not frivolous

State v. Jenkins 2025 ND 229
Docket No.: 20250308
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: This Court lacks jurisdiction to review untimely appeals.

Inadequately briefed issues are waived.

Wardner v. Porath, et al. 2025 ND 228
Docket No.: 20250256
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: A district court has jurisdiction to modify a foreign custody determination, including visitation orders, when the child's home state is North Dakota and the child and parents no longer reside in the issuing jurisdiction.

Appellate courts have the authority and duty to determine the applicability of relevant statutes to legal controversies, even when the parties do not identify those statutes or argue for their application.

When a parent seeks to modify an existing nonparent visitation order, the court must apply the modification standards under the Uniform Nonparent Custody and Visitation Act.

When modifying an order granting nonparent visitation, the court must determine whether the nonparent rebutted in the initial proceeding the presumption that the parent's decision regarding visitation is in the child's best interest. If the nonparent rebutted the presumption in the initial proceeding, the presumption remains rebutted.

Geiger v. State 2025 ND 227
Docket No.: 20250236
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying relief in a postconviction proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Duffi v. State 2025 ND 226
Docket No.: 20250230
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Myrick, et al. v. Holmes 2025 ND 225
Docket No.: 20250199
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: Per Curiam

Highlight: An appeal from a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

State v. Hamilton 2025 ND 224
Docket No.: 20250307
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: The district court's order removing a condition from the defendant's criminal judgment that required money from his prison account to be applied to his child support obligations is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Gaede 2025 ND 223
Docket No.: 20250313
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: An order denying a North Dakota Rule of Criminal Procedure 35(a) motion to correct an illegal sentence is summarily affirmed under North Dakota Rule of Appellate Procedure 35.1(a)(7).

State v. Jaeger 2025 ND 222
Docket No.: 20250195
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Jensen, Jon J.

Highlight: Pursuant to N.D.R.Crim.P. 36, a district court has authority to correct a clerical error in a written order that inaccurately states the court's oral pronouncement of sentence when the correction does not make the sentence more onerous than
the original sentence, but merely corrects the written order's failure to record accurately an earlier unambiguous oral pronouncement.

The failure to appoint a criminal defendant counsel to respond to a Rule 36 motion to correct a clerical error in a probation revocation proceeding does not violate the defendant's constitutional right to counsel because the process of
probation revocation is not a critical stage of a criminal prosecution.

Thornberg v. Thornberg, et al. 2025 ND 221
Docket No.: 20250203
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Contempt of Court
Author: Jensen, Jon J.

Highlight: The district court's order holding the appellant in contempt of court for interfering with the appellee's parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

The district court's orders awarding compensatory parenting time and attorney's fees to the appellee are affirmed.

The appellee's motion for attorney's fees on appeal is denied.

Matter of William C. Hansen and Verna Hansen Trust 2025 ND 220
Docket No.: 20250206
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: North Dakota Century Code § 59-14-02(5) governs whether an agent acting under a power of attorney has authority to amend a trust. It permits amendments "only to the extent expressly authorized by the terms of the trust or the power, exercised in writing and delivered to the trustee." Under N.D.C.C. § 59-19-02(1)(b), the express authorization requirement applies "to all judicial proceedings concerning trusts which are commenced after July 31, 2007." The word "express" means clearly and unmistakably communicated; stated with directness and clarity. Express authority cannot be implied from general provisions.

Dukart, et al. v. Holmes 2025 ND 219
Docket No.: 20250151
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: Per Curiam

Highlight: A disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Mollner v. State 2025 ND 218
Docket No.: 20250229
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying relief in a postconviction proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of S.C.Y. 2025 ND 217
Docket No.: 20250379
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is remanded for specified findings of active efforts under N.D.C.C. § 27-19.7-01(2). The Supreme Court retains jurisdiction.

Interest of J.C. 2025 ND 217
Docket No.: 20250378
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is remanded for specified findings of active efforts under N.D.C.C. § 27-19.7-01(2). The Supreme Court retains jurisdiction.

Estate of Lepp 2025 ND 216
Docket No.: 20240310
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: Probate law distinguishes between informal and formal proceedings and between unsupervised and supervised administration.

An appeal of multiple orders in an unsupervised probate is dismissed without N.D.R.Civ.P. 54(b) certification or resolution of all claims by and against a party.

This Court generally will not consider an appeal in a multi-claim or multi-party action that disposes of fewer than all claims against all of the parties unless the district court has first independently assessed the case and determined a certification under N.D.R.Civ.P. 54(b) is appropriate.

Even in an unsupervised probate, the existence of unresolved claims by or against a party prevents immediate appellate review without N.D.R.Civ.P. 54(b) certification.