The Supreme Court has issued seven new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
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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. In deciding whether to award spousal support, the court must consider the needs of the spouse seeking support and the ability of the other spouse to pay. |
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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. An obvious error is an error that is plain and affects the defendant’s substantial rights. Jury instructions must correctly and adequately inform the jury of the law, and a jury instruction that fails to instruct the jury on all of the essential elements of an offense is in error. |
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Interest of S.M.B. 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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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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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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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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Norberg v. Norberg, et al. 2023 ND 1 Highlight: A party moving for relief from a judgment under N.D.R.Civ.P. 60(b) has the burden to establish sufficient grounds for relief. |
