RULE 12. DOCKETING THE APPEAL
(a) Time for Docketing
the Appeal and Payment of Docket Fee. Upon receipt of the notice of appeal, the supreme court clerk of the supreme court shall must docket the appeal. The appellant shall must deposit the docket fee with the clerk of the trial court district court at the time the notice of appeal is filed. A check or money order in the amount of the docket fee should be made payable to the supreme court clerk of the supreme court. If two or more parties file separate notices of appeal, the first to file shall must pay the docket fee. A docket fee is not required in the following cases:
(1) criminal cases;
(2) post-conviction relief;
(3) writs of habeas corpus filed by indigent defendants;
(4) mental health commitments where the appellant is indigent;
(5) juvenile cases where counsel is court-appointed;
(6) other civil cases where an indigent party is entitled to court-appointed counsel as a result of the indigency;
(7) in any other case where an appellant has been declared indigent by order of any state court for the purpose of any action relating to the appeal; and
(8) by order of the supreme court.
(b) Dismissal for Failure of Appellant to Pay Docket Fee. If the appellant fails to pay
any the docket fee if a docket fee is as required, any the appellee may file a motion in the supreme court to dismiss the appeal. The motion, accompanied by proof of service, must be supported by a certified copy of the judgment or order from which the appeal was taken, and a certified copy of the notice of appeal with the date of filing. The appellant may respond within 10 days after service of the motion.
Rule 12 was amended, effective September 1, 1983; January 1, 1988; March 1, 1996; March 1, 2003.
The docket fee
need only must be paid only once and is to be paid by the first to file a notice of appeal if two or more parties file separate notices of appeal. The fee charged is found in N.D.C.C. § 27-03-05.
Rule 12 was amended, effective March 1, 2003. The language and organization of the rule were changed to make the rule more easily understandable and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of April 26-27, 2001, page 10; September 29-30, 1994, pages 9-12; February 19-20, 1987, page 6; September 18-19, 1986, page 14; February 17-18, 1983, pages 1-3; November 18-19, 1982, page 14; May 25-26, 1978, pages 9-10, 34-35; March 16-17, 1978, pages 4-5; October 27-28, 1977, pages 7-8; September 15-16, 1977, page 19.
SUPERSEDED: N.D.C.C. § 28-31-01.
CROSS REFERENCE: N.D.R.App.P. 3 (Appeal as of Right--How Taken)
, N.D.R.App.P. 7 (Bond for Costs on Appeal in Civil Cases), and N.D.R.App.P. 10 (The Record on Appeal); N.D.C.C. §§ 27-01-07 (Civil action fees--waiver), 27-03-05 (Docket fee).