RULE 1. SCOPE OF RULES
(a) Scope of Rules. These rules govern procedure in
appeals to the supreme court of North Dakota , and applications for writs or other relief which the supreme court or a justice thereof is competent to give.
Not to Do Not Affect Jurisdiction. These rules shall not be construed to do not extend or limit the jurisdiction of the supreme court as established by law.
(c) Parties. The party first filing the notice of appeal, or if notices are filed on the same day, the plaintiff in the proceeding below, is the appellant. The responding party is the appellee.
Rule 1 was amended, effective September 1, 1983; March 1, 1996; March 1, 2003.
These The North Dakota Rules of Appellate Procedure rules, paralleling parallel the federal rules Federal Rules of Appellate Procedure, and are to be construed in light of a desire for "simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay. * * * " 28 U.S.C. § 331.
present authority for promulgation of procedural rules is N.D. Const. art. Art. VI, § 3 [formerly § 87], North Dakota Constitution, and N.D.C.C. §§ 27-02-08 and § 27-02-09. Although most conflicting statutes are found in the Table of Superseded Statutes, it is clear that any existing or future conflicting rule or statute relating to appellate procedure is also superseded under the authority of N.D.C.C. § 27-02-09, and Rule N.D.R.App.P. 49(b).
Rule 1 is derived from
Rule 1, Federal Rules of Appellate Procedure (Fed.R.App.P.) Fed.R.App.P. 1 but is revised to cover the more limited sources of appeal to the North Dakota Supreme Court. In taking the Federal Rules of Appellate Procedure as a model, it is contemplated that the federal practice and authority will apply to those rules which have substantially the same form as their federal counterpart. The rules follow the same numbering as the federal rules with omissions for rules, or subdivisions of rules, not appropriate for adoption.
Subdivision (c) was repealed, effective March 1, 1996. Accordingly, subdivision (d) was redesignated as subdivision (c).
Rule 1 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 September 23-24, 1999; pages 8-9; September 29-30, 1994, page 9; February 17-18, 1983, pages 20-22; January 12-13, 1978, pages 1-2; June 2-3, 1977, pages 4-5. Fed.R.App.P. 1.
SUPERSEDED: N.D.C.C. §§ 28-27-03, 29-28-01.
CONSIDERED: N.D.C.C. § 28-27-01.