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.
701 - 800 of 12418 results
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State v. Isaak
2023 ND 44
Highlight: An abatement ab initio of a criminal prosecution means a dismissal of all proceedings in the prosecution from its inception. |
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State v. Isaak
2023 ND 44 |
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4201 2nd Ave W v. First State Bank & Trust, et al.
2023 ND 43
Highlight: Secured creditors may recover on a debt by proceeding against all collateral in a single action or by proceeding against personal property after foreclosing a real property mortgage securing the same debt. |
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4201 2nd Ave W v. First State Bank & Trust, et al.
2023 ND 43 |
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Kainz, et al. v. Jacam Chemical Co. 2013
2023 ND 42
Highlight: An order that has the practical effect of terminating the litigation in the Plaintiff’s chosen forum and effectively forecloses litigation in the courts of this state may be appealable. |
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Kainz, et al. v. Jacam Chemical Co. 2013
2023 ND 42 |
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Henry Hill Oil Services v. Tufto, et al.
2023 ND 41
Highlight: A construction lien covers the land on which an improvement is located to the extent of the right, title, and interest of the owner for whose use or benefit the labor was done or materials furnished. |
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Henry Hill Oil Services v. Tufto, et al.
2023 ND 41 |
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Interest of Sternberg
2023 ND 40
Highlight: In civil commitment hearings, the State is burdened with demonstrating by clear and convincing evidence that an individual is a sexually dangerous individual. To do so, the State must establish three statutory elements. |
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Interest of Sternberg
2023 ND 40 |
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Interest of A.P. (CONFIDENTIAL)
2023 ND 39
Highlight: The right to appeal is statutory. If no statutory basis exists for an appeal, the court lacks appellate jurisdiction and must dismiss the appeal. |
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Interest of A.P. (CONFIDENTIAL)
2023 ND 39 |
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Olympic Financial Group, et al. v. ND Dep't of Financial Institutions
2023 ND 38
Highlight: Ordinarily, a dismissal without prejudice is not appealable because either side may commence another action. |
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Olympic Financial Group, et al. v. ND Dep't of Financial Institutions
2023 ND 38 |
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Miller, et al. v. Nodak Ins. Co.
2023 ND 37
Highlight: Interpretation of an insurance policy presents a question of law, reviewed de novo on appeal. |
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Miller, et al. v. Nodak Ins. Co.
2023 ND 37 |
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Arthaud v. Fuglie
2023 ND 36 Highlight: The Uniform Single Publication Act precludes the discovery rule from applying to statements made to the public. |
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Arthaud v. Fuglie
2023 ND 36 |
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Boutrous, et al. v. Transform Operating Stores, et al.
2023 ND 35
Highlight: A summary eviction action may be brought to recover the possession of real estate if a lessee violates a material term of the written lease agreement between the lessor and lessee. |
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Boutrous, et al. v. Transform Operating Stores, et al.
2023 ND 35 |
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State v. McLaughlin
2023 ND 34 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8) and (4). |
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State v. McLaughlin
2023 ND 34 |
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Nevin, et al. v. Kennedy, et al.
2023 ND 33
Highlight: The primary purpose in interpreting a deed is to ascertain the grantor’s intent. |
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Nevin, et al. v. Kennedy, et al.
2023 ND 33 |
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Queen v. Martel, et al.
2023 ND 32 Highlight: An award of equal residential responsibility of a minor child is remanded to the district court to make specific findings of fact on whether the domestic violence rebuttable presumption under N.D.C.C. § 14-09-06.2(1)(j) is triggered and, if so, whether the presumption is rebutted. |
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Interest of V.C. (CONFIDENTIAL)
2023 ND 31 Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of V.C. (CONFIDENTIAL)
2023 ND 31 |
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Krogstad v. State
2023 ND 30 Highlight: An order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Krogstad v. State
2023 ND 30 |
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L&C Expedition, et al. v. Swenson, Hagen and Co., et al.
2023 ND 29
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. |
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L&C Expedition, et al. v. Swenson, Hagen and Co., et al.
2023 ND 29 |
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State v. Thompson
2023 ND 28
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. |
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State v. Thompson
2023 ND 28 |
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Panther Pressure Testers, et al. v. Szostak, et al.
2023 ND 27
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. |
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Panther Pressure Testers, et al. v. Szostak, et al.
2023 ND 27 |
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State v. Knight
2023 ND 26 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Knight
2023 ND 26 |
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State v. Bowen
2023 ND 25
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. |
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State v. Bowen
2023 ND 25 |
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State v. Dunn (consolidated w/20220209 & 20220210)
2023 ND 24
Highlight: A district court does not violate North Dakota Supreme Court Rule 52(4) by offering to reschedule a hearing so that a defendant may speak with counsel or by allowing a defendant to withdraw their request to speak with counsel. |
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State v. Dunn (consolidated w/20220209 & 20220210)
2023 ND 24 |
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Kitzan v. Kitzan, et al.
2023 ND 23
Highlight: A district court does not commit clear error when it determines that certain items and their valuations should be included in a marital estate if it relies on valuations within the range of evidence presented and at the time of separation. |
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Kitzan v. Kitzan, et al.
2023 ND 23 |
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Jensen v. Jensen, et al.
2023 ND 22 Highlight: A movant must establish a prima facie case for a change of primary residential responsibility justifying a modification by alleging enough evidence for the fact finder to conclude that a material change in circumstances has occurred and that a modification is in the best interests of the children. |
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Jensen v. Jensen, et al.
2023 ND 22 |
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Interest of R.S.
2023 ND 21 Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Knutson v. Foughty, et al.
2023 ND 20 Highlight: This Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists. |
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Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146)
2023 ND 19 Highlight: Under N.D.C.C. § 27-20.1-11(1)(d), a juvenile court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child’s best interest and the child is in need of protection. |
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Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146)
2023 ND 19 |
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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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Hoffman v. Hoffman, et. al.
2023 ND 18 |
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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. |