Rath v. Rath, et al.
Annotate this CaseMark Rath appealed after the district court entered a third amended judgment in this divorce action from Kayla Rath (now Jones). After review, the North Dakota Supreme Court concluded the district court did not abuse its discretion in denying his motion in limine; in conducting the hearing; and in allowing written, but not oral, closing arguments. The Supreme Court affirmed the denial of his requests for new trial and recusal, and affirmed the third amended judgment. However, the Supreme Court determined the district court erred in denying his demand for a change of judge and erred in referring Jones’s motion for a vexatious litigant determination under N.D. Sup. Ct. Admin. R. 58 to the presiding judge, who had previously been disqualified in this case. The Court therefore vacated a May 2021 order determining Mark Rath a vexatious litigant. Furthermore, the Supreme Court held that Rath did not meet his burden to show his constitutional challenge to N.D. Sup. Ct. Admin. R. 58 had merit, so the Court exercised authority under N.D. Sup. Ct. Admin. R. 58(7) to determine Mark Rath was a vexatious litigant under the rule.
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