RULE 11. FORWARDING AND FILING THE RECORD
Effective Date: 10/1/2014
(a) Time for Forwarding;Duty of Appellant.
(1) Except in expedited appeals, the clerk of district court must forward the exhibits necessary for determination of the appeal and the record on appeal, excluding the transcript, to the supreme court not less than 25 nor more than 30 days after the filing of the notice of appeal unless otherwise directed by the supreme court.
(2) After filing the notice of appeal, the appellant must do what is necessary to enable the clerk of district court to assemble and forward the record.
(3) In expedited appeals, the clerk of district court must promptly forward the exhibits necessary for determination of the appeal and the record on appeal, excluding the transcript, to the supreme court unless otherwise directed by the supreme court.
(b) Method of Forwarding Record.
(1) Documents Numbered and Listed. The clerk of district court must create a numbered list of the documents constituting the record that reasonably identifies the documents. The clerk of district court must certify to the supreme court that the list constitutes the record on appeal.
(2) Unusual Bulk or Weight. Unless directed to do so by a party or by the clerk of the supreme court, the clerk of district court must not forward to the court documents of unusual bulk or weight, or physical exhibits other than documents. If the exhibits are unusually bulky or heavy, a party must arrange with the clerks in advance for their transportation and receipt.
(3) Certification of the Record. The record is considered forwarded to the clerk of the supreme court upon filing of a certification of the record. The clerk of district court must indicate the date the record is forwarded to the court.
(c) Appellant's Duty to Forward Record. It is the appellant's duty to ensure that the record is accurate and complete and to cause timely forwarding of the record, including:
(1) a certification by the clerk of district court as required by this rule; and
(2) any transcripts necessary for the appeal.
Rule 11 was amended, effective March 1, 2003; October 1, 2014.
The duty to forward the record to the supreme court is imposed upon the clerk of district court. However, the appellant's counsel has the primary responsibility for assuring timely forwarding of the record.
Rule 11 separates the responsibilities of the clerk of district court and the person preparing the transcript. The clerk of district court has the duty of forwarding the record, excluding the transcript, to the clerk of the supreme court. The person preparing the transcript is responsible for filing the transcript under Rule 10(c) .
Under subdivision (a) the record is forwarded to the supreme court 25-30 days after the notice of appeal is filed. In an expedited appeal, the record is promptly forwarded to the supreme court.
Subdivisions (a) - (c) were amended October 1, 2014, to conform the rule to electronic filing.
It should be noted that for purposes of these rules, the transcript continues to be a part of the record, but is handled differently than the remainder of the record.
Rule 11 was amended, effective March 1, 2003, in response to the December 1, 1998, amendment to Fed.R.App.P. 11. 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 11 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 20-21; April 26-27, 2001, page 9; May 25-26, 1978, pages 8-9; March 16-17, 1978, pages 2, 13-15; October 27-28, 1977, pages 3-6, 8-9; September 15-16, 1977, pages 13, 14-16; June 2-3, 1977, page 4. Fed.R.App.P. 11.
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. § § 28-27-06, 28-27-08 and 29-28-18.
CROSS REFERENCE: N.D.R.App.P. 10 (The Record on Appeal).