Riemers v. O'Halloran

Summary

The Supreme Court of North Dakota affirmed dismissal of Roland C. Riemers's action against a court-appointed forensic accounting expert and the expert's firm. The court held that the defendants were absolutely immune from suit based on their testimony and work as a court-appointed expert in the underlying divorce proceeding. The court also determined that Riemers's appeal was frivolous and awarded the defendants $5,210.15 in attorney fees and costs.

Holdings

1. A court-appointed expert is absolutely immune from suit based on the expert's testimony in the judicial proceeding, even when the plaintiff alleges that the testimony or related conduct was false, fraudulent, unethical, or otherwise wrongful.
2. Bare, conclusory assertions of constitutional or statutory claims, unsupported by reasoning or relevant authority, are without merit and do not establish reversible error.
3. An appeal is frivolous under North Dakota Rule of Appellate Procedure 38 when it is flagrantly groundless, devoid of merit, or reflects persistence in litigation suggesting bad faith; such an appeal may result in an award of reasonable attorney fees and costs.

Questions Presented

1. Whether a court-appointed forensic accounting expert and the expert's firm are absolutely immune from a civil action based on their testimony and work performed in the divorce proceeding.
2. Whether Riemers's unsupported constitutional, statutory, international-law, and witness-immunity arguments demonstrated error in the dismissal.
3. Whether the appeal was frivolous and warranted attorney fees and costs under North Dakota Rule of Appellate Procedure 38.

Disposition

affirmed