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Kayla Rath, n/k/a Kayla Jones, Plaintiff and Appellee v. Mark Allen Rath, Defendant and Appellant and State of North Dakota Statutory Real Party in Interest and Appellee
[¶10] Mark Rath filed a petition for rehearing asserting we erred when we stated in ¶ 4 that “there is nothing in the order on appeal in this case discussing pre-filing application page limitations.” Rath now provides a citation showing the order on appeal does in fact contain a statement limiting Rath's pre-filing applications to five pages in length. Under N.D.R.Civ.P. 83(b), when a procedure is not specified, the district court may regulate its practice in any manner that is not inconsistent with a statute or rule. Rath has not identified any law or rule that prohibits the court from placing limitations on a pre-filing application. Nor has he provided any support for the proposition that the limitations in this case amount to a due process violation. See Riemers v. Grand Forks Herald, 2004 ND 192, ¶ 11, 688 N.W.2d 167 (“A party must do more than submit bare assertions to adequately raise constitutional issues.”). Rath's petition for rehearing is granted to the extent that we correct our factual misstatement in ¶ 4. His petition for rehearing is denied in all other respects. Our disposition of Rath's appeal remains unchanged.
[¶11] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
[¶12] Justice Douglas A. Bahr was not a member of the Court when this matter was submitted and did not participate in the decision.
McEvers, Justice, on petition for rehearing.
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Docket No: No. 20220240
Decided: April 26, 2023
Court: Supreme Court of North Dakota.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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