North Dakota Rules of Appellate Procedure

The following Rules of Appellate Procedure include amendments effective March 1, 2019.  These rules apply to documents filed in matters in which the notice of appeal was filed on or after March 1. For matters in which notice of appeal was filed prior to March 1, refer to the prior version of the rules. 

• Rule 1. Scope of Rules
• Rule 2. Suspension of Rules
• Rule 2.1 Mental Health Appeals
• Rule 2.2 Termination of Parental Rights - Expedited Appeals
• Rule 3. Appeal as of Right--How Taken
• Rule 4. Appeal--When Taken
• Rule 5. Post-Judgment Mediation
• Rule 7. Bond for Costs on Appeal
• Rule 8. Stay or Injunction Pending Appeal
• Rule 9. Release in Criminal Cases
• Rule 10. The Record on Appeal
• Rule 11. Forwarding and Filing the Record
• Rule 12. Docketing the Appeal
• Rule 13. Sanctions
• Rule 14. Identity Protection
• Rules 15 to 20. [Reserved for Future Use]
• Rule 21. Writs
• Rules 22 and 23. [Reserved for Future Use]
• Rule 24. Supplemental Statement of Indigent Defendant
• Rule 25. Filing and Service
• Rule 26. Computing and Extending Time
• Rule 27. Motions
• Rule 28. Briefs
• Rule 29. Brief of an Amicus Curiae
• Rule 30. References to the Record
• Rule 31. Filing and Service of Briefs
• Rule 32. Form of Briefs and Other Documents
• Rule 33. [Reserved for Future Use]
• Rule 34. Oral Argument
• Rule 35. Scope of Review
• Rule 35.1 Summary Disposition
• Rule 36. Entry of Judgment
• Rule 37. Interest on Judgment
• Rule 38. Damages and Costs--Frivolous Appeal or Dilatory Prosecution of Appeal
• Rule 39. Costs
• Rule 40. Petition for Rehearing
• Rule 41. Mandate; Contents; Issuance; Effective Date; Stay
• Rule 42. Dismissal
• Rule 43. Substitution of Parties
• Rule 44. Case Involving a Constitutional Question When the State is Not a Party
• Rule 45. Duties of Clerk
• Rule 46. [Reserved for Future Use]
• Rule 47. Uniform Certification of Questions of Law
• Rule 47.1 Certification of Questions of Law by District Court
• Rule 48. Title and Citation
• Rule 49. Effective Date; Statutes and Rules Superseded
• Appendix A. Petition to Waive Filing Fee
• Tables