North Dakota: Supreme Court citation practice | Citation rule(s)


Examples from Zarrett v. Zarrett, 1998 ND 49, 574 N.W.2d 855

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[¶8] A trial court has continuing power to modify an earlier child support order. E.g., Steffes v. Steffes, 1997 ND 49, ¶14, 560 N.W.2d 888; Eklund v. Eklund, 538 N.W.2d 182, 185 (N.D. 1995). Child support orders are given only "limited finality," resulting in an exception to the rule of claim preclusion. Eklund, 538 N.W.2d at 185. Thus, res judicata ordinarily will not prevent reexamination of a child support order, and, if the motion to modify support comes more than one year after the earlier order, N.D.C.C. § 14-09-08.4(3) "directs the court to modify it to meet the guidelines." Eklund, 538 N.W.2d at 186; see also Nelson, 547 N.W.2d at 744. The statutory scheme clearly envisions periodic reviews of child support orders to ensure support is at all times consistent with the current guidelines amount. See N.D.C.C. § 14-09-08.4. The trial court erred in applying the doctrine of res judicata in this case.

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[¶12] Robert asserts that, even if the stipulation is unenforceable, the court could have nevertheless reached the same result by treating the $33,000 college payments as a "continued or fixed expense" over which he had no control under N.D.A.C. § 75-02-04.1-09(2)(j), thereby rebutting the presumptively correct amount under the guidelines. The trial court made no specific finding the presumptively correct amount had been rebutted, as required by the guidelines. See, e.g., In re L.D.C., 1997 ND 104, ¶8, 564 N.W.2d 298. Furthermore, deviation from the guidelines amount is appropriate only if the court first finds by a preponderance of the evidence that a deviation "is in the best interest of the supported children." N.D.A.C. § 75-02-04.1-09(2). There is no evidence in this record, nor a finding by the court, that it is in Diana and David's best interest to allow Robert to pay less than the guidelines amount for their support.

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N.D. R. Ct. 11.6, http://www.court.state.nd.us/Court/Rules/NDROC/RULE11.6.htm.

(a) Citations Before January 1, 1997. The initial citation of any published opinion of the Supreme Court released before January 1, 1997, contained in a brief, memorandum, or other document filed with any trial or appellate court and a citation in the table of cases in a brief must include a reference to the volume and page number of the North Western Reporter in which the opinion is published. Subsequent citations within a brief, memorandum, or other document must include the page number and sufficient reference to identify the initial citation.

(b) Citations After January 1, 1997. When available, initial citations must include the volume and initial page number of the North Western Reporter in which the opinion is published. The initial citation of any published opinion of the Supreme Court or Court of Appeals released on or after January 1, 1997, contained in a brief, memorandum, or other document filed with any trial or appellate court and the citation in the table of cases in a brief must also include a reference to the calendar year in which the decision was filed, followed by the court designation of "ND" for the Supreme Court or "ND App" for the Court of Appeals followed by a sequential number assigned by the Clerk of the Supreme Court. A paragraph citation should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, memorandum or other document must include the paragraph number and sufficient references to identify the initial citation.

EXPLANATORY NOTE

Rule 11.6 was adopted, effective March 5, 1997, subject to comment, to implement the use of medium-neutral case citations in North Dakota.

For Illustrative Purposes.

Cite to a North Dakota Supreme Court Opinion published prior to January 1, 1997 as follows:

Smith v. Jones, 500 N.W.2d 600, 601 (N.D. 1994).
Smith, 500 N.W.2d at 601.
Id. at 602.
Black v. Black, 79 N.D. 100, 101, 60 N.W.2d 500, 501 (1953).
Black, 79 N.D. at 101, 60 N.W.2d at 501.
Id. at 103, 60 N.W.2d at 502.

Cite to a North Dakota Supreme Court Opinion published after January 1, 1997, as follows:

Before publication in North Western Reporter:

Smith v. Jones, 1997 ND 15.

After publication in North Western Reporter:

Smith v. Jones, 1997 ND 15, 600 N.W.2d 900.

Spot cite to a North Dakota Supreme Court Opinion published after January 1, 1997, as follows:

Before publication in North Western Reporter:

Smith v. Jones, 1997 ND 15, ¶ 21.
Smith, 1997 ND 15, ¶¶ 21-25.
Id. at ¶ 15.

After publication in North Western Reporter:

Smith v. Jones, 1997 ND 15, ¶ 21, 600 N.W.2d 900.
Smith, 1997 ND 15, ¶¶ 21-25, 600 N.W.2d 900.
Id. at ¶¶ 15.

The use of the ¶ symbol in spot citations is necessary to distinguish paragraph numbers from page numbers. "N.D." (with periods) refers to the "North Dakota Reports," which were published between 1890 and 1953. "ND" (without periods) refers to the database containing the electronic version of opinions filed after January 1, 1997. North Dakota Court of Appeals cases filed after January 1, 1997 are to be cited in the same manner as North Dakota Court Supreme Court cases using the database identifier "ND App" (without periods).

N.D. R. App. P. 28, http://www.ndcourts.gov/court/rules/appellat/rule28.htm.

Rule 28. Briefs

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(b) Appellant's Brief. The appellant's brief must contain, under appropriate headings and in the order indicated:

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(2) a table of authorities -- cases (alphabetically arranged), statutes, and other authorities -- with references to the pages of the brief where they are cited;

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(7) the argument, which must contain:

(A) appellant's contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies; and

(B) for each issue, a concise statement of the applicable standard of review (which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues);

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