thirteen factors (North Dakota) · Go Syfert
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thirteen factors in North Dakota

6 North Dakota opinions name it 1 courts 1998–2005 0 in the last five years

The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Vignaroli v. Blue Cross of Iowagreen
iowa · 1985 · cited in 1 North Dakota opinions naming this issue, 1998–1998
1 sentence

1998Old Broadway, 411 N.W.2d at 83 ; Holloway, 294 N.W.2d at 907 ; see also Rogelstad, 226 N.W.2d at 375 ; Vig-naroli, 360 N.W.2d at 744 (“No weight is required by the rule to be assigned by the trial court to any criteria listed, further evidencing an intent to grant considerable discretion to the trial court.”).

11
Rogelstad v. Farmers Union Grain Terminal Ass'ngreen
nd · 1975 · cited in 1 North Dakota opinions naming this issue, 1998–1998
1 sentence

1998Old Broadway, 411 N.W.2d at 83 ; Holloway, 294 N.W.2d at 907 ; see also Rogelstad, 226 N.W.2d at 375 ; Vig-naroli, 360 N.W.2d at 744 (“No weight is required by the rule to be assigned by the trial court to any criteria listed, further evidencing an intent to grant considerable discretion to the trial court.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Howe v. Microsoft Corp. green
nd · 2003
2 sentences

2005Howe v. Microsoft Corp., 2003 ND 12, ¶ 9 , 656 N.W.2d 285 .

2005Howe v. Microsoft Corp., 2003 ND 12, ¶ 9 , 656 N.W.2d 285 .

32004–2005
Peterson v. Dougherty Dawkins, Inc. green
nd · 1998
2 sentences

2003Rose , at ¶ 9; Werlinger, 1999 ND *289 173, ¶ 56, 598 N.W.2d 820 ; Peterson, 1998 ND 159, ¶ 14 , 583 N.W.2d 626 .

2003Rose , at ¶ 9; Werlinger, 1999 ND *289 173, ¶ 56, 598 N.W.2d 820 ; Peterson, 1998 ND 159, ¶ 14 , 583 N.W.2d 626 .

12003–2003
Rose v. United Equitable Insurance Co. neutral
nd · 2002
2 sentences

2003Rose, 2002 ND 148, ¶ 9 , 651 N.W.2d 683 ; Klagues, 2002 ND 59, ¶ 8 , 643 N.W.2d 45 .

2003Rose, 2002 ND 148, ¶ 9 , 651 N.W.2d 683 ; Klagues, 2002 ND 59, ¶ 8 , 643 N.W.2d 45 .

12003–2003
Klagues v. Maintenance Engineering green
nd · 2002
2 sentences

2003Rose, 2002 ND 148, ¶ 9 , 651 N.W.2d 683 ; Klagues, 2002 ND 59, ¶ 8 , 643 N.W.2d 45 .

2003Rose, 2002 ND 148, ¶ 9 , 651 N.W.2d 683 ; Klagues, 2002 ND 59, ¶ 8 , 643 N.W.2d 45 .

12003–2003
Werlinger v. Champion Healthcare Corp. green
nd · 1999
1 sentence

2003Rose , at ¶ 9; Werlinger, 1999 ND *289 173, ¶ 56, 598 N.W.2d 820 ; Peterson, 1998 ND 159, ¶ 14 , 583 N.W.2d 626 .

12003–2003
Brown v. Brown green
nd · 1999
2 sentences

2001“An award of custody is a finding of fact, and this Court will not disturb a custody award unless it is clearly erroneous.” Brown v. Brown, 1999 ND 199, ¶ 10 , 600 N.W.2d 869 . [¶ 8] In considering the thirteen factors specified by N.D.C.C. § 14-09-06.2(1), the trial court found one — factor a — favored Kyle, and found seven — factors b, c, g, h, i, j, and 1 — favored neither of the parties.

2001“An award of custody is a finding of fact, and this Court will not disturb a custody award unless it is clearly erroneous.” Brown v. Brown, 1999 ND 199, ¶ 10 , 600 N.W.2d 869 . [¶ 8] In considering the thirteen factors specified by N.D.C.C. § 14-09-06.2(1), the trial court found one — factor a — favored Kyle, and found seven — factors b, c, g, h, i, j, and 1 — favored neither of the parties.

12001–2001
Old Broadway Corp. v. Hjelle green
nd · 1987
2 sentences

1998Old Broadway, 411 N.W.2d at 83 ; Holloway, 294 N.W.2d at 907 . [¶ 15] In most cases some of the thirteen factors will weigh against certification and some will weigh in favor.

1998Old Broadway, 411 N.W.2d at 83 ; Holloway, 294 N.W.2d at 907 ; see also Rogelstad, 226 N.W.2d at 375 ; Vig-naroli, 360 N.W.2d at 744 (“No weight is required by the rule to be assigned by the trial court to any criteria listed, further evidencing an intent to grant considerable discretion to the trial court.”).

11998–1998
Holloway v. Blue Cross of North Dakota green
nd · 1980
2 sentences

1998Old Broadway, 411 N.W.2d at 83 ; Holloway, 294 N.W.2d at 907 . [¶ 15] In most cases some of the thirteen factors will weigh against certification and some will weigh in favor.

1998Old Broadway, 411 N.W.2d at 83 ; Holloway, 294 N.W.2d at 907 ; see also Rogelstad, 226 N.W.2d at 375 ; Vig-naroli, 360 N.W.2d at 744 (“No weight is required by the rule to be assigned by the trial court to any criteria listed, further evidencing an intent to grant considerable discretion to the trial court.”).

11998–1998

Statutes the citing opinions construe

ND § N.D. Cent. Code § 27-05-06 (3) ND § N.D. Cent. Code § 28-27-02 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 10 (1996–2025) AZ 7 (2010–2026) ND 6 (1998–2005) SC 5 (2004–2026) VA 4 (2011–2021) CO 3 (2024–2026) IN 2 (1976–1979) IA 2 (2021–2024) CA 2 (2005–2013) WV 2 (2022–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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