Smithberg v. Jacobson

Summary

The North Dakota Supreme Court granted in part Ronald Smithberg’s petition for a supervisory writ after the district court denied his request for a jury trial on remand. The court held that when a case is reversed and remanded for trial without limitation, a party who previously stipulated to waive a jury may demand a jury on remand unless the stipulation covered future trials or the right is otherwise limited by law. The court denied requests for reassignment of the judge and entry of a scheduling order.

Holdings

1. When an appellate court reverses and remands a case for a trial without limitation, a party who stipulated to waive the right to a jury trial before the original trial may demand a jury trial on remand, unless the parties intended the stipulation to apply to future trials or the right is otherwise limited by law.
2. The Supreme Court declined to exercise supervisory jurisdiction to direct reassignment of the district judge or entry of a scheduling order.

Questions Presented

1. Whether a party who stipulated to waive a jury trial before the original trial may demand a jury trial after the case is reversed and remanded for a trial without limitation.
2. Whether the Supreme Court should exercise supervisory jurisdiction to require the district court to assign a new judge and enter a scheduling order.

Disposition

writ_granted