RULE 2.1 MENTAL HEALTH APPEALS UNDER CHAPTER 25-03.1, NORTH
DAKOTA CENTURY CODE
(a) Filing Notice of Expedited Appeal. An expedited appeal from an order under N.D.C.C. § 25-03.1-29 may be taken by filing a notice of appeal with the clerk of the supreme court within 30
days after entry of the order. Extensions of time to file a notice of appeal under this rule are not
(b) Content of Notice of Appeal. The notice of appeal must:
(1) specify the party or parties taking the appeal; (2) designate the order being appealed; and (3) name the court to which the appeal is taken.
(c) Motion for Temporary Stay and Specifications of Error. Any motion for a temporary stay of
the order appealed from while the appeal is pending must be served and filed with the notice of
appeal along with specifications of error specifying the grounds for appeal. Any stay granted by
the district court prior to appeal remains valid only if a temporary stay request is filed with the
supreme court with the notice of appeal. Once the supreme court acts on the stay request, any
district court stay terminates.
(d) Record on Appeal. The record on appeal consists of the record required by Rule 10(a) . A
recording of the proceedings or an agreed statement of the case may substitute for the transcript.
(e) Briefs. Unless the appellant moves for a temporary stay of the order of the district court, the
appellant's brief must be filed with the notice of appeal and must be served upon the opposing
party at the time of filing. The appellee's brief must be served and filed no later than seven days
after service of the appellant's brief. If the appellant moves for a temporary stay of the order of
the district court, the appellant's brief must be served and filed no later than five days after the
notice of appeal is filed and the appellee's brief must be served and filed no later than five days
after service of the appellant's brief.
(f) Notice of Appellant's Presence at Hearing. If the appellant intends to be present at the
hearing, notice of the intention must accompany the notice of appeal. Any party may file a
proposed interim order for issuance by the supreme court which will ensure the appellant the
opportunity to be present at the hearing on appeal while protecting the interest sought to be
served by the order being appealed. The plans for implementing the proposed interim order must
be stated with particularity.
(g) Motions. Any motion, other than a motion for temporary stay, must be filed within seven
days after service of the notice of appeal. Any party may file a response in opposition to a motion
within seven days after service of the motion.
(h) Application of Other Rules. To the extent they are not inconsistent with N.D.C.C. § 25-03.1-29 or this rule, all other rules of appellate procedure apply.
Rule 2.1 was adopted, effective April 1, 1983; amended, effective March 1, 1998; March 1,
2003; March 1, 2008; March 1, 2011; Oct 1, 2014, __________.
Rule 2.1 provides special procedures to accommodate the requirement in N.D.C.C. § 25-03.1-29
for a hearing within 14 days after the notice of appeal is filed in a mental health proceeding.
Subdivision (a) was amended, effective Oct 1, 2014, to provide for the filing of the notice of
appeal in the supreme court.
Subdivision (a) was amended, effective _________, to clarify that extensions of time to file the
notice of appeal are not permitted.
Subdivision (c) was amended, effective March 1, 2008, to make it clear that a party who seeks to
stay an order that is appealed must request a temporary stay from the supreme court when the
notice of appeal is filed. Under N.D.C.C. § 25-03.1-29, only the supreme court can stay an order
once an appeal is commenced.
Subdivision (e) was amended, effective March 1, 2011, to increase the time to serve and file an
appellee's brief from five to seven days after service of the appellant's brief. If the appellant
moves for a temporary stay of the order of the district court, the time to serve and file briefs was
increased from three to five days.
Subdivision (g) was amended, effective March 1, 2011, to increase the time to file a motion from
five to seven days.
SOURCES: Joint Procedure Committee Minutes of September 26, 2013, pages 12-13; April 29-30, 2010, pages 22, 24; April 26-27, 2007, pages 27-28; September 23-24, 1999, pages 9-10;
September 26-27, 1996, page 18; February 17-18, 1983, pages 33-34.