RULE 4. APPEAL--WHEN TAKEN
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Rule 4 was amended, effective March 1, 1986; March 1, 1994; March 1, 1997; March 1, 1998; March 1, 1999.
The 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 or order appealed from starts the time running for filing an appeal, was eliminated by the March 1, 1999, amendment to Rule 77(d), N.D.R.Civ.P. Rule 77(d) was transferred to Rule 58(b), N.D.R.Civ.P., effective ____________________.
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 (a) was amended, effective March 1, 1999, to provide the 30 day extension for excusable neglect is to be added to the time for appeal provided by the statute or rule setting the time for appeal.
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 April 30-May 1, 1998, page 13; 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SUPERSEDED: § 28-27-04, NDCC.