Wald v. Hovey

Summary

The North Dakota Supreme Court denied Donna Mae Wald’s petition for a supervisory writ seeking to require the district court to grant her demand for a change of judge. The Court held that the assigned judge’s prior rulings in the parties’ divorce-related proceedings concerned matters pertaining to the subsequent tort and unjust-enrichment action, precluding the statutory demand for a change of judge under N.D.C.C. § 29-15-21.

Holdings

1. The Supreme Court properly considered the merits of Wald's petition for a supervisory writ because denial of a demand for a change of judge is not immediately appealable and no adequate alternative remedy existed.
2. A demand for a change of judge under N.D.C.C. § 29-15-21 is precluded when the judge has ruled upon any matter, including in a separate action or proceeding, that pertains directly to the current action and the demanding party was heard or had an opportunity to be heard.

Questions Presented

1. Whether the North Dakota Supreme Court should exercise supervisory jurisdiction to review the denial of a demand for a change of judge.
2. Whether N.D.C.C. § 29-15-21 precludes a demand for a change of judge when the assigned judge previously ruled, in a separate but related proceeding, on matters directly pertaining to the current action and the demanding party was heard or had an opportunity to be heard.

Disposition

writ_denied