Volume 951 — North Western Reporter, Second Series

Pursuant to N.D.C.C. § 44-08-20(3), a law enforcement officer acting outside of his jurisdiction may lawfully respond to a request for assistance from an officer within his jurisdiction, even if the request is solicited by the out-of-jurisdiction officer. An issue will not be considered on appeal if the issue was not raised in the appellate brief.

Under N.D.C.C. § 47-10-23.1, a nontestamentary transfer of real property between spouses is conclusively presumed to be for consideration unless otherwise stated in writing. The interpretation of a power of attorney is governed by its plain language unless the fiduciary relationship requires a special rule.

In a case involving expert opinions, a choice between two permissible views of the weight of the evidence is not clearly erroneous. A district court's decision under equitable principles will not be reversed on appeal absent an abuse of discretion.

Failure to observe proper hearing date provided in notice of hearing cannot be imputed to the district court.

The required payment of travel expenses to exercise parenting time constitutes child support and falls under the jurisdiction of the Uniform Interstate Family Support Act ("UIFSA"). Under North Dakota's child support guidelines, a court does not abuse its discretion when granting a downward deviation for child support based on the actual travel expenses and practices of a party.

In a child support action brought by the State on behalf of a parent, a counterclaim by the defendant seeking a determination of primary residential responsibility is not a counterclaim against the State for purposes of N.D.R.Civ.P. 13(d). A continuance is the proper remedy for a party claiming unfair surprise. A court's oral findings on the best interest factors may explain its written findings.