New opinions: February 19, 2026

Highlight: A default judgment entered after the district court dismissed the answer and counterclaim as a discovery sanction is affirmed.

When a party fails to properly raise an issue or argument before the district court, it may not do so for the first time on appeal.

Rule 60(b), N.D.R.Civ.P., is the exclusive means for opening a default judgment. When a default judgment is appealed, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, we review the default judgment to determine if irregularities appear on the face of the judgment.

Klebe v. Klebe 2026 ND 49
Docket No.: 20250362
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court may determine a child support obligation based on earning capacity rather than earnings history.

The presiding judge of the judicial district, not the judge sought to be disqualified, determines the validity and timeliness of a demand for change of judge under N.D.C.C. § 29-15-21. However, when a demand for change of judge is untimely filed under N.D.C.C. § 29-15-21(2), the error in having the wrong judge rule on the demand is harmless under N.D.R.Civ.P. 61.

State v. Davis 2026 ND 48
Docket No.: 20250311
Filing Date: 2/19/2026
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: The Court will not consider an argument under obvious error review unless the appellant briefs the issue under the obvious error standard of review.

The district court did not abuse its discretion in admitting evidence of a prior conviction that was an element of the charged offense.

Highlight: A party's failure to comply with the contractual requirements can waive the party's ability to enforce the contractual requirements.

A teacher's separate contract for work performed outside the regular school day, that provides separate pay and different responsibilities from the duties of their teaching contract, is extracurricular.

Highlight: A district court's findings in adoption cases are reviewed under the clearly erroneous standard.

A district court's denial of an adoption petition is reviewed for an abuse of discretion.

The district court found "red flags" surrounded the adoption, and finding adoption was not in K.J.K.'s best interest was not clearly erroneous.

The court did not abuse its discretion in denying the adoption petition.

State v. Medina 2026 ND 45
Docket No.: 20250178
Filing Date: 2/19/2026
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The Fourth Amendment of the United States Constitution and Art. I, § 8, of the North Dakota Constitution protect individuals against unreasonable searches and seizures.

When an individual reasonably expects privacy in an area, the government, under the Fourth Amendment, must obtain a search warrant unless the intrusion falls within a recognized exception to the warrant requirement.

One exception to the warrant requirement is the automobile exception. Under the automobile exception, law enforcement may search for illegal contraband without a warrant when probable cause exists.

Probable cause to search exists if it is established that certain identifiable objects are probably connected with criminal activity and are probably to be found at the present time at an identifiable place.

Probable cause demands not that an officer be sure or certain but only that the facts available to a reasonably cautious man would warrant a belief that certain items may be contraband or stolen property or useful as evidence of a crime.

A police officer may draw inferences based on his own experience in deciding whether probable cause exists.

Interest of M.S.H. 2026 ND 44
Docket No.: 20250421
Filing Date: 2/19/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: An appeal from an order terminating parental rights must be taken by filing a notice of expedited appeal with the clerk of the supreme court within 30 days after entry of the order. An order, which is complete, which if final, and which does not anticipate or direct further action, is appealable. Absent a timely appeal or retention of custody of the child, an order terminating parental rights may not be questioned by any person, including the petitioner, in any manner, or upon any ground.

Interest of P.S.H. 2026 ND 44
Docket No.: 20250422
Filing Date: 2/19/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: An appeal from an order terminating parental rights must be taken by filing a notice of expedited appeal with the clerk of the supreme court within 30 days after entry of the order. An order, which is complete, which if final, and which does not anticipate or direct further action, is appealable. Absent a timely appeal or retention of custody of the child, an order terminating parental rights may not be questioned by any person, including the petitioner, in any manner, or upon any ground.

Interest of W.J. 2026 ND 43
Docket No.: 20250458
Filing Date: 2/19/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).