The court may affirm by an opinion citing this rule and indicating which one or more of the above criteria apply and, for Rule 35.1(a)(7), citing any previous controlling appellate decision. The opinion may be in the following form: "Affirmed under N.D.R.App.P. 35.1(a) (1), (2), (3), (4), (5), (6), or (7) or (8)."
N.D. R. App. P. 35.1
Supreme Court Conference Minutes of January 28, 2021, pages 17-19; September 10, 1985; Joint Procedure Committee Minutes of April 27, 2018, pages 10-11; September 27-28, 2001, pages 12-13; January 30, 1997, page 13; November 29, 1984, pages 9-11.
EXPLANATORY NOTE
Rule 35.1, N.D.R.App.P., was adopted effective 3/1/1986; amended, effective 3/1/1998; 3/1/2003; 5/10/2017; further amended December 7, 2017, 3/1/2018; 3/1/2019; 3/1/2022.
Subdivision (a) wasamended, effective3/1/2018, to restate the requirements for summary affirmance.
Paragraph (a)(2) was amended, effective_________________, to allow the court to affirm the judgment of the district court based on findings of fact that meet the required standard of proof.
Paragraph (a)(3) was amended, effective3/1/2003, to allow the court to affirm the judgment of a district court, as well as the verdict of a jury, supported by substantial evidence.
Paragraph (a)(8) was added effective 3/1/2022, to allow the court to affirm the judgment of the district court. as well as the verdict of a jury, if the appellant's brief does not contain the minimum requirements listed in N.D.R.App.P. 28.
Subdivision (c) was deleted, effective 5/10/2017, to reflect the new practice of publishing summary decisions in the regular manner rather than a list or table as was the prior practice.
Paragraph (a)(2) was amended December 11, 2018, effective 3/1/2019.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. § 27-02-23; N. D. Const. Art. VI, § 5.
N.D.R.App.P. 27 (Motions); N.D.R.App.P. 28 (Briefs); N.D.R.App.P. 35 (Scope of Review).