Family Paid Caregiver Program Eligibility Cutoffs Must Be Promulgated as Administrative Rules I. Introduction Ferderer v. NDDHHS, 2026 ND 81, addresses whether the North Dakota Department of Health...
Foster-Only Relationship Cannot Create Psychological-Parent Custody Rights in North Dakota Introduction In the Interest of M.R.M.-B., 2026 ND 82 is a North Dakota Supreme Court decision addressing...
Termination Under N.D.C.C. § 27-20.3-20(1)(c)(2) Does Not Require an Explicit “Reasonable Efforts” Finding 1. Introduction Case: Interest of W.S., T.S. & L.S., 2026 ND 86 (Nos. 20260060, 20260061,...
Restitution for Unrecovered Burglary Losses May Be Based on Reasonable Inferences of Taking, Hiding, or Discarding Case: State v. Keplin, 2026 ND 84 Court: Supreme Court of North Dakota Date: April...
Competency-Case Dismissal Deadlines under N.D.C.C.C. § 12.1-04-08(2) Are Triggered Only by a Judicial Finding of Unfitness, Not by Evaluation Delay State v. Reynolds, 2026 ND 79 (N.D. Apr. 22, 2026)...
State v. Simpson (2026 ND 87): Closing Jury Instructions Control “Substantial Step”; Multiple Attempted-Murder Convictions May Stand Despite Limited Shots 1. Introduction In State v. Simpson, the...
Independent Legal Research Is Not Judicial Notice; No Fact-Finding Required for a Purely Legal Motion to Dismiss I. Introduction In State v. Romanyshyn, 2026 ND 73, the North Dakota Supreme Court...
DVPOs Require Evidence to Protect Children and Findings Supporting a Reasonable Duration Introduction In B.S. v. Lopez-Rangel, 2026 ND 70, the North Dakota Supreme Court reviewed a domestic violence...
Harmless Error in Misstating Domestic-Violence Factor (j) When No Credible Evidence Is Presented Case: Vormestrand v. Craig, 2026 ND 69 (N.D. Mar. 26, 2026) Court: Supreme Court of North Dakota...
Presiding-Judge Authority to Enter Vexatious-Litigant Pre-Filing Orders (with Notice-and-Opportunity-to-Respond Due Process) and Rule 38 Sanctions for Nonappealable/Unpreserved Appellate Issues I....
State v. Cooper (2026 ND 68): Traffic-Stop “Mission” Includes Child-Safety Tasks and Ongoing Citation Work; Reasonable Suspicion of Impairment Permits K‑9 Wait and “Soft Indication” Supplies...
Federal Preemption Voids State-Court Enforcement of Divorce Indemnification Clauses that Restore Waived Military Retired Pay (Including via “Spousal Support”) Introduction In Marschner v. Marschner,...
Costs-Only “Amended Judgment” Does Not Restart the Jurisdictional Appeal Clock Introduction In Volker v. Nygaard, 2026 ND 56, the North Dakota Supreme Court dismissed an appeal for lack of...
Custody-Case Sanctions Must Not Prevent Best-Interests Evidence: Limits on Rule 16/37 Evidentiary Exclusion I. Introduction Kostelecky v. Erickson, 2026 ND 61, arises from a dispute between unmarried...
Alber v. Rodin (2026 ND 58): Post-trial Motion Required to Raise “Weight of the Evidence” Challenges on Appeal, and Trial-Court “Sole Discretion” to Award Reasonable Expert Witness Fees I....
Bedgar v. Wilson (2026 ND 51): Remedial Contempt Sanctions Must Match Actual Loss and Statutory Findings—No Awards for Unsubmitted, Paid, or Unclear “Related” Expenses 1. Introduction Parties and...
Statutory “Automatic Stay” that Bars Contract Termination Is Treated as an Injunction for Appealability, But Interlocutory Review Still Requires Rule 54(b) Certification Case: Bobcat of Mandan v....
Incorporated Term Controls Over Conflicting Form Language: Earnest Money Nonrefundability and Good-Faith Negotiation in Business Sale Agreements I. Introduction Galpin v. Cantina Holdings, 2026 ND 54...
Goetz v. Goetz (2026 ND 53): Consent-Only In-Chambers Child Interviews and No Reliance on Parenting Investigator Reports Without Notice and Cross-Examination I. Introduction Goetz v. Goetz, 2026 ND...
Untimely Security-Deposit Itemization Under N.D.C.C. § 47-16-07.1 Requires Prejudice; No Automatic Forfeiture Case: Meridian Property Management v. Cordie, 2026 ND 52 Court: Supreme Court of North...