The North Dakota Supreme Court released two new opinions on March 26 concerning civil appeals involving protection orders and parenting responsibility. Both decisions were authored by Justice Lisa K. Fair McEvers.
These rulings provide guidance for lower courts in the state regarding domestic violence protection orders and motions for new trials in family law cases. The decisions clarify procedural standards that district courts must follow to ensure fair outcomes.
In B.S., et al. v. Lopez-Rangel, the court held that district courts must specifically detail their findings to explain why individuals are included as protected parties under domestic violence protection orders. The opinion also stated that a court abuses its discretion if it does not sufficiently explain its rationale for setting the duration of such an order.
In Vormestrand v. Craig, et al., the court reviewed a motion for a new trial under the abuse of discretion standard, emphasizing that such abuse is never assumed and must be affirmatively established by the party seeking relief. The decision further clarified that even if evidence of domestic violence does not meet the threshold for triggering certain statutory presumptions, credible evidence must still be considered by the court when determining residential responsibility.
The opinion also addressed courtroom procedures, stating that requiring witnesses to testify from memory is permissible unless there is an expressed need to use notes to refresh recollection. Additionally, self-represented litigants are held to the same judicial standards as those with legal counsel and do not receive special assistance from judges or relaxed procedures.
Finally, when a dispositive motion resolves all pending claims in a case, any other outstanding motions rendered moot by this resolution do not require further consideration by the district court.
