RULE 12. DOCKETING THE APPEAL
(a) Time for Docketing Appeal and Payment of Docket Fee. On receipt of the notice of
appeal and any required docket fee, the
supreme court clerk of the
supreme court 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 must be sent to and made payable to the
supreme court clerk of the
supreme court with the notice of appeal. Notice by the clerk of the supreme court under
Rule 3 of the filing of a notice of appeal will not be made until any required docket fee is
paid. If the docket fee is paid within 14 days of receipt of the notice of appeal by the
supreme court, the appeal will be filed as of the date of initial receipt. If the docket fee is
not paid within 14 days of receipt of the notice of appeal by the supreme court, the notice
of appeal is void; if timely, a new notice of appeal may be submitted with the docket fee.
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 in which the appellant is indigent;
(5) juvenile cases
in which counsel is court-appointed;
(6) other civil cases in which an indigent party is entitled to court-appointed counsel as a result of the indigency;
(7) in any other case 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 upon consideration of a Petition To Waive Filing Fee Upon Showing Of Indigency (in the form shown in appendix A).
(b) Dismissal for Failure of Appellant to Pay Docket Fee. If the appellant fails to
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.
(b) Petition to Waive Docket Fee. If a party files a verified petition in a form approved by the supreme court to waive the docket fee on appeal with the notice of appeal, the clerk of the supreme court may provisionally file the notice of appeal. If waiver of the docket fee is denied, the clerk of the supreme court must withdraw the notice of appeal if the docket fee is not received within 14 days of the denial of the petition to waive the docket fee. Notice by the clerk of the supreme court under Rule 3 of the filing of a notice of appeal will not be made until the fee is waived or, if the fee is not waived, when the fee is paid.
Rule 12 was amended, effective September 1, 1983; January 1, 1988; March 1, 1996; March 1, 2003; March 1, 2011; March 15, 2010; October 1, 2014.
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 (a) was amended, effective October 1, 2014, to require payment of the docket fee at the time the notice of appeal is filed with the clerk of the supreme court.
Subdivision (b) was amended, effective March 1, 2011, to increase the time for an
to respond to an appellee's motion to dismiss from 10 to 14 days.
Subdivision (b) was added, effective October 1, 2014, to establish a procedure for provisionally filing a notice of appeal when a petition to waive the docket fee is filed.
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.
Rule 12 was amended, effective March 15, 2010 to refer to and provide the Petition To Waive Filing Fee Upon Showing Of Indigency as Appendix A.
Rule 12 was amended, effective October 1, 2014, to replace "supreme court clerk" with "clerk of the supreme court."
SOURCES: Joint Procedure Committee Minutes of September 26, 2013, pages 21-22; 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).