Dominek v. Equinor Energy

Citations

• 982 N.W.2d 303
• 2022 ND 211

Syllabus

Under N.D.R.App.P.47, questions certified by a foreign court may be answered if the question could be determinative of the proceeding and there is no controlling precedent. The standard for answering questions certified by a foreign court is less stringent than the standard for answering a question certified by a state district court, which requires the question be determinative. Section 38-08-08(1), N.D.C.C., does not require allocation of oil and gas production from one spacing unit to another. The North Dakota Supreme Court will not answer certified questions absent development of the factual record because doing so exposes the court to the danger of improvidently deciding issues.