North Dakota Legal Guides
30 guides covering North Dakota topics, each with Caselaw search beside the article.
Where to search North Dakota lawFree caselaw search for North Dakota — search by citation, case name, or legal issue, with full text and PDFs.
- Adverse Possession in North Dakota
North Dakota adverse possession: 20 years under N.D. Cent. Code § 28-01-04. Elements, taxes, color of title, and linked North Dakota opinions.
- A Working Guide to Expungement and sealing in North Dakota
North Dakota expungement and sealing begins with N.D. Cent. Code § 12-60.1-03, petition to seal criminal record. This guide follows that petition, the records that travel under a different section, and the opinions that have already decided these requests.
- Can I Get Sued After a Car Accident in North Dakota? Does Fault Matter?
North Dakota car accident lawsuits and fault: modified comparative fault with a 50% bar (recovery barred at 50% or more fault) under N.D. Cent. Code § 32-03.2-02, when you can sue or be sued, insurance rules, and the statute of limitations (Six years for personal injury claims under N.D. Cent. Code § 28-01-16(1).).
- Castle Doctrine in North Dakota: Deadly Force Against Intruders
North Dakota castle doctrine: when occupants may use deadly force against home intruders, key statutes (N.D. Cent. Code § 12.1-05-07), presumptions, and leading cases.
- Child Custody and Parenting Time in North Dakota
How North Dakota courts decide custody and parenting time under N.D. Cent. Code §§ 14-09-05.1 to 14-09-07, including best-interests factors, relocation, and modification.
- DUI Penalties in North Dakota
North Dakota DUI penalties under N.D. Cent. Code § 39-08-01: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- How Does Bond Work in North Dakota? Bail and Pretrial Release Explained
North Dakota bail and bond explained: Bail before trial with judicial discretion. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked North Dakota opinions under N.D. Cent. Code §§ 29-08-01 to 29-08-20.
- How Does Eviction Work in North Dakota?
North Dakota eviction / Eviction action under N.D. Cent. Code Chapter 47-32 (eviction): notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- How Do You Make a Valid Will In North Dakota?
In order to be valid under North Dakota law, a will must be: In writing; Signed by the testator or in the testator’s name; Either signed by at least two witnesses OR acknowledged by the testator in front of a notary or other individual auth…
- How to File a Lawsuit Without a Lawyer in North Dakota: Pro Se Litigation Guide
A practical North Dakota guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint; how service and Odyssey File & Serve (North Dakota) registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in North Dakota
North Dakota divorce filing guide: At least one party must have resided in North Dakota for 6 months before filing. equitable distribution; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in North Dakota
Paths to shorten or correct a North Dakota prison sentence under N.D. Cent. Code §§ 29-32.1-01 to 29-32.1-16: modification motions, good-time credits, parole, and post-conviction relief — with linked North Dakota opinions.
- How to Modify Child Support in North Dakota
Step-by-step guide to modifying a North Dakota child support order under N.D.C.C. § 14-09-09.7; ND Child Support Guidelines: what counts as a change in circumstances, when changes take effect, and the cases that matter.
- How to Modify Spousal Support in North Dakota
Step-by-step guide to modifying spousal support in North Dakota under N.D.C.C. § 14-05-24.1: changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- Is Abortion Legal in North Dakota?
North Dakota abortion law after Dobbs: near-total ban. Near-total ban from fertilization/early pregnancy with only narrow statutory exceptions; no elective gestational window comparable to limit states.. Linked statutes and North Dakota opinions.
- North Dakota Child Support Guidelines: How Support Is Calculated
How North Dakota calculates child support under N.D. Cent. Code § 14-09-09.7; North Dakota Child Support Guidelines, including the percentage of income (obligor), deviations, modification, and leading cases.
- North Dakota Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to North Dakota evidence law under the North Dakota Rules of Evidence: general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corpus.
- North Dakota Spousal support: Eligibility, Amount, and Duration
How North Dakota courts award spousal support under N.D. Cent. Code § 14-05-24.1: eligibility, statutory factors, duration, and leading cases.
- North Dakota Supreme Court Applies Uniform Probate Code to Clarify Scope of Probate Court’s Subject Matter Jurisdiction
By: Daniel McGowan, Esq . It is not uncommon for a party to a loan, contract, or other bargained for exchange to die before the obligation is satisfied. When the obligor is the decedent, almost without exception judicial relief is sought th…
- North Dakota Supreme Court: Doctrine of Partial Invalidity Survived Adoption of Uniform Probate Code In North Dakota
The doctrine of partial invalidity allows a court to separate out a portion of a will that is the product of undue influence from other, valid portions of a will. The North Dakota Supreme Court, in Estate of Grenz , determined that the doct…
- North Dakota Supreme Court: Failure To Overcome Presumption of Undue Influence Results In Void Bill of Transfer
The presumption of undue influence under North Dakota law, once raised, must be overcome by the proponent of the instrument that is being challenged as the product of undue influence. In the June 29, 2020 opinion in Zundel v. Zundel , the N…
- North Dakota Supreme Court: Failure To Seek Stay of Partition Judgment Renders Appeal Moot
In the June 2020 case of Nelson v. Nelson , the North Dakota Supreme Court issued a stark reminder that failure to seek a stay of a partition judgment renders an appeal moot once the property is sold. The Facts of Nelson v. Nelson In 2011, …
- North Dakota Supreme Court: Holographic Will Not Valid When Material Portions Not Proven To Be In Decedent’s Handwriting
In Estate of Beach , a January 6, 2022 opinion from the North Dakota Supreme Court, the Court upheld the decision of the district court denying the admission of a holographic will to probate. The Facts of Estate of Beach Decedent, Skip Beac…
- North Dakota Supreme Court: No Personal Representative Or Attorney Fees For Actions In Pursuit of Personal Interests
Although a personal representative in North Dakota is entitled to reasonable compensation from the estate, the fees and expenses incurred must be for the benefit of the estate, not just for the benefit of the personal representative. In San…
- Security Deposit Return in North Dakota
How North Dakota landlords must handle residential security deposits under N.D. Cent. Code § 47-16-07.1: limits, return deadlines, and wrongful-withholding remedies.
- Standing To Challenge Account Beneficiary Designations in North Dakota
For a plaintiff to have standing to challenge a change in a beneficiary designation in North Dakota, the party must have suffered some injury and must assert their own legal rights and interests. In the May 2020 decision of Albrecht v. Albr…
- Stand Your Ground Laws in North Dakota
North Dakota stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights North Dakota
Surviving spouse rights in North Dakota include: Homestead Allowance Exempt Property Family Allowance Elective Share Surviving Spouse Rights in North Dakota When There Is No Valid Will When a decedent dies without a valid will, they have di…
- What Happens If I Refuse a Breathalyzer Test in North Dakota?
North Dakota implied-consent consequences for refusing a chemical breath or blood test under N.D. Cent. Code § 39-20-01, including license suspension and evidence use.
- Who Are Next Of Kin In North Dakota?
Next of kin for purposes of intestate succession in North Dakota include the: Surviving spouse Descendants Parents Siblings Grandparents Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to t…