The State Bar Association of North Dakota Summer 2014 Gavel Magazine | Page 22

AMENDMENTS TO APPELLATE RULES
WILL CHANGE APPEAL PROCESS
to send a copy of the notice to counsel of
record and any self-represented parties.

MIKE HAGBURG
Attorney at Law
Effective October 1, 2014, a notice of
appeal in North Dakota must be filed with
the Clerk of the Supreme Court rather
than the district court clerk.
This change is the most prominent of an
assortment of amendments to the N.D.
Rules of Appellate Procedure that will
take effect in October. Another significant
change is the integration of electronic
filing procedures into the rules.
The Court chose the October effective
date for the rule amendments so that
attorneys and parties would have time
to study and understand the new
requirements.
Rule 3, “Appeal as of Right – How
Taken,” contains key amendments related
to the change in the notice of appeal filing
requirement. Rule 3(a) was amended to
require filing of the notice of appeal with
the Clerk of the Supreme Court and Rule
3(d) was amended to require the Clerk to
notify the district court of the filing and
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THE GAVEL

on Appeal,” was amended to require filing of
a single electronic copy of the transcript with
the Supreme Court, eliminating the former
requirement that two paper copies of the
transcript be filed.

One reason why procedure was changed to
require filing of the notice of appeal with
the Supreme Court was to ensure that the
Rule 10 was further amended to revise
appropriate docket fee was timely paid
transcript preparation deadlines. Rule 10(c)
when an appeal was filed. Amendments to
and (d) were changed to allow 60 days after
Rule 12, “Docketing the Appeal,” require
the order for transcript is transmitted to the
the docket fee to be paid at the time the
preparer for the transcript to be prepared.
notice is filed with the Court. Rule 12(b)
Previously, the transcript preparation time
was amended to establish procedures for
countdown started when the order was
provisional filing of the notice of appeal
received by the clerk.
when a petition to waive the docket fee is
filed. Rule 21 on writs
was amended to clarify
One change made Minor amendments were
made to several rules to
that a docket fee is also
throughout the rules add language related to
required when a request
for issuance of a writ is
was to replace paper electronic filing. One change
made throughout the rules
filed.
with document...
was to replace “paper” with
“document” except when the
Rule 2.1 on mental
reference was to an actual paper document.
health appeals and Rule 2.2 on expedited
This change was made in recognition of the
termination of parental rights appeals
fact that many “papers” filed with the Court
contain minor amendments providing for
will be in electronic form. Rules 3, 5, 8, 9,
filing of the notice of appeal in these cases
10, 11, 21, 26, 27, 28, 29, 30, 31, 32, 40 and
with the Supreme Court. Rule 4 on timing
45 contain minor amendments intended to
of an appeal was also amended to provide
integrate electronic filing into the whole of
for filing of the notice with the Court.
the appellate rules.
The major amendments integrating
Several amendments unrelated to the notice
electronic filing into the appellate rules
of appeal or to electronic filing were also
are found in Rule 25, “Filing and Service.”
made while the appellate rules were before
Essentially, the amendments incorporate
the Court.
the text of N.D. Sup. Ct. Admin. O. 14 on
electronic filing into Rule 25. Administrative
Rule 3(c) was amended to require the
Order 14 will be repealed effective October
appellant in a civil action or post-conviction
1, 2014, when the amendments to the
proceeding to include a preliminary list
appellate rules take effect.
of the issues on appeal with the notice of
appeal. This list is intended to provide the
The electronic filing amendments do not
court with information to use in making a
significantly change procedure except
preliminary determination of whether oral
regarding transcripts. Rule 10, “The Record

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