Rule 4, NDRAppP
RULE 4. APPEAL--WHEN TAKEN
* * * * *
Rule 4 was amended, effective March 1, 1986; March 1, 1994; March 1, 1997; March 1, 1998;________________________.
Given the existing state practice with respect to entry of orders and judgment, theThe time for civil appeals runs from "service of notice of entry" of the order or judgment. The case law exception, providing actual knowledge by the appealing party of the entry of judgment starts the time running for filing an appeal, was eliminated by the _______________ amendment to Rule 77, N.D.R.Civ.P. This differs from the federal rule which provides that the period is to run from "the date of entry."
The responsibility under subdivision (a) is shifted to counsel to serve the notice and commence the period for appeal. This differs from the federal rule which provides the time for appeal is to run from "the date of entry."
The time limit for taking an appeal
woulddoes not prevent the taking of an appeal at any time after the entry of the judgment or order and before service of notice of entry.
Subdivision (b) is similar to NDRCrimP 37(b). Paragraphs one and two pertain to appeals by the defendant and prosecution, respectively, and paragraph three pertain to appeals by either the prosecution or defendant.
SOURCES: Procedure Committee Minutes of __________________; January 30, 1997, page 8; January 25-26, 1996, pages 7-10; April 29-30, 1993, pages 2-3, 16-18; November 29, 1984, pages 19-20; April 26, 1984, pages 23-24; January 20, 1984, pages 10-15; September 18-19, 1980, page 20; January 12-13, 1978, page 25; Rule 4, FRAppP.
SUPERSEDED: § 28-27-04, NDCC.