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 22 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 “ ”