· 2/26/2026

Alber v. Rodin, et al.

Citations

  • 2026 ND 58

Syllabus

A losing party cannot, after a civil jury trial, raise the issues of sufficiency of the evidence or weight of the evidence for the first time on appeal. Jury instructions are reviewed as a whole to determine if they fairly and adequately advise the jury of the law. Inadequately briefed issues are not reviewed on appeal. Judges, whether trial or appellate, are not ferrets obligated to engage in unassisted searches of the record for evidence to support a litigant's position. The district court has sole discretion under N.D.C.C. § 28-26-06(5), to award expert witness fees that are reasonable plus actual expenses.

Judges: McEvers, Lisa K. Fair

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