RULE 12. DOCKETING THE APPEAL
(a) Time for Docketing Appeal and Payment of Docket Fee.
Upon On receipt of the notice
of appeal, the supreme court clerk must docket the appeal. The appellant must deposit the
docket fee with the clerk of 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. If two or more parties file separate notices of appeal, the first to file 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
which the appellant is indigent;
(5) juvenile cases
where in which
counsel is court-appointed;
(6) other civil cases
where in which
an indigent party is entitled to court-appointed counsel
as a result of the indigency;
(7) in any other case
where in which
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 the
docket fee as required, 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
14 days after service
of the motion.
Rule 12 was amended, effective September 1, 1983; January 1, 1988; March 1, 1996; March 1, 2003; March 1, 2011.
The docket fee 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.
Subdivision (b) was amended, effective March 1, 2011, to increase the time for an appellant to respond to an appellee's motion to dismiss from 10 to 14 days.
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 29-30, 2010, page 20; 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).