RULE 2.1 MENTAL HEALTH APPEALS
PURSUANT TO UNDER CHAPTER 25-03.1, NORTH DAKOTA
(a) Filing of Notice of Expedited Appeal. An expedited appeal from an order
pursuant to under Section 25-03.1-29, North Dakota Century Code, may be taken by filing a notice of appeal with the clerk of the trial court within 30 days after entry of the order.
(b) Content of the Notice of Appeal. The notice of appeal must specify the party or parties taking the appeal; must designate the judgment, order
or part thereof appealed from ; and must 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.
(c) (d) The Record on Appeal. The record on appeal shall consist of the record required by Rule 10(a). A tape recording of the proceedings or an agreed statement of the case may substitute for the transcript.
d) Briefs. The appellant's brief must be filed with the notice of appeal and be served upon the opposing party at that time. The appellee's brief must be filed and served within 5 days thereafter unless otherwise ordered.
(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 served upon the opposing party at the time of filing. The appellee's brief must be served and filed no later than 5 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 3 days after the notice of appeal is filed and the appellee's brief must be served and filed no later than 3 days after service of the appellant's brief.
(e)(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. Thereafter any Any party may file a proposed interim order to be issued by the supreme court that will assure the appellant the opportunity to be present at the appeal hearing while protecting the interest sought to be served by the order appealed from, and must state with particularity the plans for implementing the proposed interim order. (f)(g) Motions. Any motion, other than a motion for temporary stay, must be filed within 5 days after service of the notice of appeal. Any party may file a response in opposition to a motion within 5 days after service of the motion. (g)(h) Application of Other Rules. To the extent that they are not inconsistent with section 25-03.1-29, North Dakota Century Code, or this rule, all other rules of appellate procedure apply.
Rule 2.1 was adopted
in 1983, effective April 1, 1983 ,; amended, effective March 1, 1998. to provide procedures to govern expedited appeals pursuant to Section 25-03.1-29, North Dakota Century Code, so as to permit the hearing in the supreme court to be commenced within 14 days of filing the notice of appeal as provided in NDCC 25-03.1-29. Rule 2.1 provides special procedures to accommodate section 25-03.1-29, NDCC's, requirement for a hearing within 14 days after the notice of appeal is filed in a mental health proceeding. This necessarily implies that the 14 days begin to run after the notice of appeal has been filed with the supreme court. See Dayap v. Kupperion, 331 N.W.2d 22 (N.D.1983). In counting days see Rule 6, North Dakota Rules of Civil Procedure and Rule 26, North Dakota Rules of Appellate Procedure. The appellant is responsible to take the necessary action to expedite the appeal. Rule 11(a), North Dakota Rules of Appellate Procedure. Rule 3(d), NDRAppP, specifies action to be taken by the clerk of the trial court. Subdivision (c) provides that a tape recording of the proceedings or an agreed statement of the case may substitute for the transcript otherwise required. This is designed to save the time and expense required in preparing a transcript, especially in those courts that provide for court reporting services by an electronic court reporting system instead of a court reporter. Subdivision (d) provides an abbreviated period of time within which to file briefs. Subdivision (e) is included to provide the supreme court with notice if the appellant intends to be present at the hearing and to alert the supreme court that an interim order may be necessary and, if necessary, what form it should take. Subdivision (f) provides an abbreviated period of time within which to file motions and responses thereto so they may be acted upon within the 14-day period after service of the notice of appeal within which these expedited appeals are to be heard, as provided in NDCC 25-03.1-29.
SOURCES: Joint Procedure Committee Minutes of September 26-27, 1996, page 18; February 17-18, 1983, pages 33-34.
CONSIDERED: 25-03.1-29, NDCC.