TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 12, 2017
RE: Rule 4, N.D.R.App.P., Appeal--When Taken
In December 2016, amendments to Fed.R.App.P. 4 took effect. Clerk of the Supreme Court Penny Miller has requested that the committee consider similar amendments to Rule 4.
The federal amendments were made in response to different interpretations of the rule's tolling provision that were being made by different federal courts. The proposed amendment to Rule 4 is modeled on the federal amendment and is intended to clarify that a motion made after the time allowed by the Rules of Civil Procedure will not qualify as a motion that, under Rule 4(a)(3)(A), re-starts the appeal time.
Proposed amendments to Rule 4 are attached.