RULE 10. THE RECORD ON APPEAL
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(c) Time for Furnishing Transcript; Filing of Transcript; Financial Arrangements. The transcript must be completed within 50 days after the order for the transcript is filed unless the person preparing the transcript or a party applies for and receives an extension of time under subdivision (d). The person preparing the transcript shall file three copies of the transcript and proof of service of other copies of the transcript with the clerk of the supreme court. The other copies must be served on parties designated in the order for transcript. The person preparing the transcript shall also file a 3.5 inch computer diskette of the transcript. In an appeal of the determination of an administrative agency, the agency shall file a diskette of the transcript unless the agency certifies the transcript was not prepared on a computer or word processor. If demanded by the person preparing the transcript, the appellant or a party obliged by an order of the court under subdivision (b) to pay for the transcript or a portion thereof shall advance the payment of his portion of the estimated cost of any transcript ordered, provided a written estimate of the amount and a demand for payment is served on any obligated party within 10 days after receipt of the order for transcript or an order of the trial court under subdivision (b). Failure to furnish a written estimate and make a timely demand for payment waives the right to demand advance payment. No advance payment is required if the transcript is to be paid for by the state or any agency or subdivision thereof. If an obligated party fails to make the advance payment within 10 days after service of the demand, the person preparing the transcript may suspend preparation of the transcript until payment is made.
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Rule 10 was amended, effective 1978; March 1, 1986; January 1, 1995; March 1, 1998; March 1, 1999.
Rule 10 was amended, effective January 1, 1995. The amendment allows a transcript to be prepared and certified from an electronic recording by someone other than the operator of recording equipment or court reporter.
SOURCES: Procedure Committee Minutes of January 30, 1997, pages 9-10; September 26-27, 1996, page 18; April 28-29, 1994, pages 3-4; January 27-28, 1994, page 18; September 23-24, 1993, pages 20-21; March 28-29, 1985, pages 13-14; November 29, 1984, pages 5-6; May 25-26, 1978, pages 7-8; March 16-17, 1978, pages 1, 2, 9-13; January 12-13, 1978, pages 14-15; October 27-28, 1977, pages 2-3; September 15-16, 1977, pages 5-8, 16-18; June 2-3, 1977, pages 2-4. Rule 10, F.R.App.P.
SUPERSEDED: §§ 28-18-04, 28-18-05, 28-18-06, 28-18-07, 28-18-08, 28-27-07, 28-27-33, 29-23-01, 29-23-02, 29-23-03, 29-23-04, 29-23-08, 29-23-09, NDCC.
CROSS REFERENCE: Rules 3 (Appeal as of Right--How Taken), 7 (Bond for Costs on Appeal in Civil Cases), 11 (Transmission and Filing of the Record), and 12 (Docketing the Appeal), NDRAppP.