RULE 2.1. MENTAL HEALTH APPEALS UNDER N.D.C.C. CH. 25-03.1
(a) Filing notice of expedited appeal. An expedited appeal from an order under N.D.C.C. § 25-03.1-29 may be taken by filing a notice of appeal with the clerk of district court within 30 days after entry of the order.
(b) Content of notice of appeal. The notice of appeal must:
(1) specify the party or parties taking the appeal;
(2) designate the order being appealed;
(3) 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. Any stay granted by the district court remains valid only if a temporary stay request is filed with the supreme court with the notice of appeal. Once the supreme court acts on the stay request, any district court stay terminates.
(d) Record on appeal. The record on appeal consists 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.
(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.
(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. Any party may file a proposed interim order for issuance by the supreme court which will assure the appellant the opportunity to be present at the hearing on appeal while protecting the interest sought to be served by the order being appealed. The plans for implementing the proposed interim order must be stated with particularity.
(g) Motions. Any motion, other than a motion for temporary stay, must be filed within five days after service of the notice of appeal. Any party may file a response in opposition to a motion within five days after service of the motion.
(h) Application of other rules. To the extent they are not inconsistent with N.D.C.C. § 25-03.1-29 or this rule, all other rules of appellate procedure apply.
Rule 2.1 was adopted, effective April 1, 1983; amended, effective March 1, 1998; March 1, 2003; March 1, 2008..
Rule 2.1 provides special procedures to accommodate the requirement in N.D.C.C. § 25-03.1-29 for a hearing within 14 days after the notice of appeal is filed in a mental health proceeding.
Rule 2.1 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.
Subdivision (c) was amended, effective March 1, 2008, to make it clear that a party who seeks to stay an order that is appealed must request a temporary stay from the supreme court when the notice of appeal is filed. Under N.D.C.C. § 25-03.1-29, only the supreme court can stay an order once an appeal is commenced.
Sources: Joint Procedure Committee Minutes of April 26-27, 2007, pages 27-28; September 23-24, 1999, pages 9-10; September 26-27, 1996, page 18; February 17-18, 1983, pages 33-34.
Considered: N.D.C.C. § 25-03.1-29.