(a) Scope of Rules. These rules govern procedure in the supreme court of North Dakota.
(b) Rules Do Not Affect Jurisdiction. These rules do not extend or limit the jurisdiction of the supreme court.
(c) Parties. The party first filing the notice of appeal, or if notices are filed on the same day, the plaintiff in the proceeding below, is the appellant. The responding party is the appellee.
Rule 1 was amended, effective September 1, 1983; March 1, 1996; March 1, 2003.
The North Dakota Rules of Appellate Procedure parallel the federal rules and are to be construed in light of a desire for simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay.
The authority for promulgation of procedural rules is N. D. Const. art. VI, § 3, and N.D.C.C. §§ 27-02-08 and 27-02-09. Although most conflicting statutes are found in the Table of Superseded Statutes, any existing or future conflicting rule or statute relating to appellate procedure is also superseded under the authority of N.D.C.C. § 27-02-09, and N.D.R.App.P. 49(b).
Rule 1 is derived from Fed.R.App.P. 1 but is revised to cover the more limited sources of appeal to the North Dakota Supreme Court.
Subdivision (c) was repealed, effective March 1, 1996. Accordingly, subdivision (d) was redesignated as subdivision (c).
Rule 1 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 September 23-24, 1999, pages 8-9; September 29-30, 1994, page 9; February 17-18, 1983, pages 20-22; January 12-13, 1978, pages 1-2; June 2-3, 1977, pages 4-5. Fed. R. AppP. 1.
SUPERSEDED: N.D.C.C. § § 28-27-03 and 29-28-01.
CONSIDERED: N.D.C.C. § 28-27-01.