Kath v. Prochnow

Citations

• 2024 ND 112

Syllabus

Where the proper remedy is an appeal, the North Dakota Supreme Court generally will not exercise its supervisory authority. A petition to intervene initiates a special proceeding where the relief sought is permission to intervene in an action. District courts have the power to hear and determine all civil actions and proceedings. Post-judgment intervention may be allowed when an attempted intervener moves promptly after learning of the entry of judgment within the time for appeal. Issues not decided by the district court are generally not ripe for resolution on appeal. The purpose of an appeal is to review the actions of the district court. Resolution of issues by the district court before appellate review contributes valuable input to the process and develops the record for effective review of the decision