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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.

671 - 680 of 12358 results

L&C Expedition, et al. v. Swenson, Hagen and Co., et al. 2023 ND 29
Docket No.: 20220169
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Section 22-03-03, N.D.C.C., provides that if parties contractually agree to a limitation on the time to bring a claim, the surety cannot be held beyond that limitation.

Section 22-03-03, N.D.C.C., is an exception to the preclusion of contractually altering the limitation on the time to bring a claim in N.D.C.C. § 9-08-05.

L&C Expedition, et al. v. Swenson, Hagen and Co., et al. 2023 ND 29
Docket No.: 20220169
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

State v. Thompson 2023 ND 28
Docket No.: 20220221
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Probable cause supporting issuance of a search warrant exists when the facts and circumstances would lead a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.

Search warrants usually must be served in the daytime. Additional probable cause is required for searches executed at night.

Probable cause for a nighttime search exists upon showing the evidence sought might be quickly disposed of if a warrant is not promptly executed

State v. Thompson 2023 ND 28
Docket No.: 20220221
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Panther Pressure Testers, et al. v. Szostak, et al. 2023 ND 27
Docket No.: 20220134
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: Under N.D.R.Civ.P. 37, a district court has a spectrum of sanctions available for discovery violations, including an entry of default judgment. Default judgment should be imposed only if there is a deliberate or bad faith non-compliance which constitutes a flagrant abuse of or disregard for discovery rules.

An award of damages entered on default judgment will not be obstructed unless the award is so excessive or inadequate.

Panther Pressure Testers, et al. v. Szostak, et al. 2023 ND 27
Docket No.: 20220134
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

State v. Knight 2023 ND 26
Docket No.: 20220293
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Knight 2023 ND 26
Docket No.: 20220293
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

State v. Bowen 2023 ND 25
Docket No.: 20220165
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: A district court may infer that an event did not occur on the basis of a witness’s testimony that she had no recollection of the event occurring combined with testimony of habit or practice about what she would have done if it had occurred.

The Confrontation Clause does not apply to non-testimonial hearsay. Reports concerning the installation and inspection of an Intoxilyzer used to perform chemical breath tests do not contain testimonial statements from the state toxicologist requiring him to be produced at trial.

State v. Bowen 2023 ND 25
Docket No.: 20220165
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

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