Family Law
Since August 1, 2020, a grandparent seeking visitation with a grandchild must petition under this Uniform Act.
What is the "Uniform Nonparent Custody and Visitation Act"
N.D.R.Civ.P. Rules 4, 5, 43, 53, 55, 56, 59, and 65; N.D.R.Crim.P. Rules 4.1, 5, 9, 32.2, 33, 46, and 47; N.D.R.App.P. Rules 5, 8, 9, 21, and 27; N.D.R.Juv.P. Rules 5 and 14, N.D.R.Evid. Rules 509 and 606; and N.D.R.Ct. Rules 3.4, 3.5, 5.2, 6.1, 7.1, 8.2, 8.4, 8.5, 11.2 and 11.4 were all amended effective March 1, 2021 to change the word “_________” to “____________.”
What is “affidavit” to “declaration”
This is the title of the North Dakota Century Code where you can find domestic relations law
What is "title 14"
Service of this commences a civil action
What is a "summons"
Rule 3, ND Civ Pro
Duty, breach of duty, actual/proximate causation, and damages, are the common elements of this tort
What is “negligence”
Woelfel v. Gifford, a 2020 North Dakota Supreme Court case, held that a Judgment provision that automatically transferred primary residential responsibility upon the happening of a condition violates “__________”
What is “public policy”
Subdivision (a) of N.D.R.Civ.P. 10, “Form of Pleadings,” was amended effective March 1, 2021 to provide that the responsibility for adding the State to the title belongs to ________________________.”
What is “the first party filing a pleading after the State becomes a party in interest”
This is how long a court must wait before modifying primary residential responsibility if it finds a material change has occurred in the child’s or parties’ circumstances and modification is necessary for the child’s best interests
What is "two years"
“Two years after the date of entry of an order establishing primary residential responsibility, the court may modify primary residential responsibility if it finds a material change has occurred in the child's or parties' circumstances and modification is necessary for the child's best interests. “Seay v. Seay, 2015 ND 42, ¶ 7, 859 N.W.2d 398
If an evidentiary hearing is requested, a written motion and notice of the motion must be served at least this many days before the time specified for the hearing
Rule 6(d)
This is a cause which, in natural and continuous sequence, produces the injury, and without which, the injury would not have occurred. Is is a cause which had a substantial part in bringing about the injury either immediately or through events which follow one another
What is “proximate cause”
ND Pattern jury instructions, C-2.15
In the 2020 ND Supreme Court case Martodam v. Martodam, the North Dakota Supreme Court held that the district court erred in granting parenting time subject to this condition.
What is “the minor child’s right to decide whether to allow the parenting time”
N.D.R.Ct. 7.1, “Judgments, Orders, and Decrees,” was amended effective March 1, 2021 to clarify that a party may file and serve a response to “____________________.”
What are “proposed Findings of Fact and Conclusions of Law prepared by the other party”
Adultery, extreme cruelty, willful desertion, willful neglect, abuse of alcohol or controlled substances, conviction of felony, and irreconcilable differences are causes for this
What is "divorce"
14-05-03 lists the causes for divorce
The plaintiff failed to state a claim upon which relief can be granted. Better file one of these:
What is a "12(b)(6) motion"
On who arrests or detains another without authority of law may be at fault for this tort
What is "false imprisonment"
ND Pattern jury instructions c-11.00
In a divorce proceeding, if the parties do not agree on a valuation date for marital property, the valuation date is “_______________________________________.”
What is “the date the parties separated or the date of service of the summons, whichever occurred first”
N.D.R.Juv.P. 1, “Scope and Purpose,” was amended effective March 1, 2021 to add that the North Dakota Rules of Juvenile Procedure in addition to governing all actions conducted under the Uniform Juvenile Court Act, N.D.C.C. § 27-20, also govern all actions conducted under “_________________.”
What is “NDCC 27-20.1 on guardianship of a child”
This is the infliction by one party to the marriage of grievous bodily injury or grievous mental suffering upon the other
What is "extreme Cruely"
14-05-05
If you want to bicker about discovery, you should probably consult this rule before filing motions in a civil action
What is "rule 26 (Rule 26, General provisions governing discovery)"
Causing bodily restraint or harm to another, or placing another in immediate apprehension of bodily restraint or harm might be liable for this tort
What is “assault”
ND Pattern jury instructions c-12.00
Stoddard v. Singer, a 2021 ND Supreme Court case, held that before being able to proceed with an evidentiary hearing a nonparent seeking parenting time is required to show a primary facie case that the nonparent is a “________” and that the award of parenting time is “______________.”
What is “a psychological parent” and “in the best interests of the child”
N.D.R.Ct. 8.2, “Interim Orders in Domestic Relations Cases,” was amended effective March 1, 2021 to add a new subdivision c to provide a procedure for “_____________________.”
What is “temporary modification of residential responsibility”
These are “grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved
What are “Irreconcilable differences"
14-05-09.1
Civil juries must have this many members, unless a jury of 9 is demanded.
What is "six"
Rule 38(b)
Under this standard, which North Dakota does not follow, an injured party must be completely free of any and all contribution toward the negligence to recover damages from a tortfeasor.
What is “CONTRIBUTORY NEGLIGENCE”
¶ 622 COMMON LAW LIMITATIONS ON TORT RECOVERIES, 2015 WL 13802530