North Dakota Questions & Answers by Practice Area


North Dakota Questions & Answers

Q: I'm starting a fashion brand and want to use the name BEAU in a bold font. Will I be able to trademark this later?

1 Answer | Asked in Trademark for North Dakota on
Answered on Mar 20, 2019
Lucas Wynne's answer
Your question has a lot of variables that could impact the answer. I would suggest consulting directly with a trademark lawyer. The term may be too broad to afford it protection - registering it is one thing, defending the trademark is another entirely.

Q: Can a judge ban anyone from filing within their county/state of N.D? Judge's name is Honorable David E. Reich Bismarck

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for North Dakota on
Answered on Mar 20, 2019
Lucas Wynne's answer
There is not enough information in your question to provide an answer. Based on your question, it sounds like your filing may have been rejected due to a jurisdictional issue.

Q: When going through a divorce, how long does the spouses lawyer have to respond?

1 Answer | Asked in Divorce for North Dakota on
Answered on Feb 25, 2019
Lucas Wynne's answer
Sounds like it may be time to dump your lawyer.

Q: I was pulled over and charged for a DWI with no evidence except for speeding and there was a smell on my clothes?

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Feb 21, 2019
Lucas Wynne's answer
The officer's actions seem problematic. Better get a lawyer.

Q: I received a letter in the mail today that threatened legal action for a debt.

1 Answer | Asked in Consumer Law, Legal Malpractice, Small Claims and Bankruptcy for North Dakota on
Answered on Feb 19, 2019
Timothy Denison's answer
If the MD stature is 3 years, then the statute has expired and they cannot sue you.

Q: My wife moved out and took our three daughters. Is it legal for her to move more then 50 miles away without my consent.

1 Answer | Asked in Family Law for North Dakota on
Answered on Jan 17, 2019
Gregory William Liebl's answer
The answer depends on whether there is a court order in place and whether or not 50 miles away puts her outside of the state of North Dakota. You will want to speak with an attorney further about this to get you pointed in the right direction.

Q: Can a prime contractor legally withhold money from 1 completed contract to compensate for a separate job contract?

1 Answer | Asked in Business Law and Contracts for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.

Q: This case is about me I want to reopen my criminal case and get a new trial based off misrepresentation is that possible

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a conviction for you, it is probably worth exploring. You may be looking for what is called post conviction relief, but I would highly suggest you do not go about it on your own if it all possible. Call a few...

Q: Is there anything I can do to get my money back from the people who sold me a puppy that died within two days?

1 Answer | Asked in Animal / Dog Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
Small claims court may be an option, but it depends on the situation.

Q: Can my divorce attorney later be the states prosecuting attorney against me in a child welfare case involving CPS or DHS

1 Answer | Asked in Family Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
More would need to be known about the situation, but it certainly sounds like a conflict of interest on its face, you should inform the judge.

Q: If I signed a non compete contract for a business in Minnesota, is it still valid if I move to North Dakota?

1 Answer | Asked in Employment Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you an opinion.

Q: I was walking on the curb of a street that had no sidewalk when a car clipped me with its mirror, breaking my elbow. The

2 Answers | Asked in Personal Injury for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Don't listen to the driver, it is time to get a lawyer.

Q: If I wanted to take the mother of my child to court for visitation rights would I need an attorney in the state she's in

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Generally, you will need an attorney in the state where the child has resided for the past six months.

Q: If my childs father is not on the birth certificate does he legally have any rights to her?

1 Answer | Asked in Family Law for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
No rights are established until a court order is in place.

Q: In North Dakota, my son took a bus had an accident he didn't have a permit can the parents lose there drivers license

1 Answer | Asked in Traffic Tickets for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Not enough information here. You may consider calling the local prosecutor.

Q: Recently charged with a DUI. First time offender, blew .175 at the station. Do I need a lawyer or just go to court?

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Nov 14, 2018
Lucas Wynne's answer
My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.

Q: Under what circumstances can I sue for emotional distress as a result of a car accident?

1 Answer | Asked in Personal Injury for North Dakota on
Answered on Oct 28, 2018
Peter N. Munsing's answer
If you were in a crash contact a member of the N.Dakota Assn for Justice in the County where it happened. They give free consults. Emotional distress claims are not favored and the rules are very strict. If you were hurt, focus on your injuries as well.

Q: I currently live in Minot ND ..I have a lot of debt that I know I can't pay or ever catch up on ..so I wanted to file.

1 Answer | Asked in Bankruptcy for North Dakota on
Answered on Oct 19, 2018
Timothy Denison's answer
Check with the local bar association and legal aid and ask them to refer you to a bankruptcy attorney who can help you.

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