TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 4, N.D.R.App.P., Appeal--When Taken
After a thorough review of the appellate rules by this Committee, a major package of amendments to the appellate rules took effect March 1, 2003. The Committee has considered some appellate rule changes since that time, but only those specifically recommended by the Supreme Court clerk.
The federal government has made a number of changes to its appellate rules since North Dakota's appellate rules package went into effect. Working with the Supreme Court clerk, staff reviewed the federal changes and has prepared several proposed amendments to the state rules consistent with the federal changes and with existing North Dakota practice.
A proposed amendment to Rule 4(b) would specify that filing a motion under N.D.R.Crim.P. 35(a) does not suspend the time to file a notice of appeal. This proposal is consistent with a federal amendment--the federal notes indicate that this change was needed to eliminate any uncertainties about the effect on appeal time of the filing of a Rule 35(a) motion.
A copy of the proposed amendment to Rule 4 is attached.