RULE 2.1 MENTAL HEALTH APPEALS PURSUANT TO CHAPTER 25-03.1, NORTH DAKOTA CENTURY CODE
Effective Date: 4/1/1983
Obsolete Date: 3/1/1998
(a) Filing of Notice of Expedited Appeal. An expedited appeal from an order pursuant to Section 25-03.1-29, North Dakota Century Code, may be taken by filing a notice of appeal with the clerk of the trial court within 30 days after entry of the order.
(b) Content of the Notice of Appeal. The notice of appeal must specify the party or parties taking the appeal; must designate the judgment, order or part thereof appealed from; and must name the court to which the appeal is taken.
(c) The Record on Appeal. The record on appeal shall consist of the record required by Rule 10(a). A tape recording of the proceedings or an agreed statement of the case may substitute for the transcript.
(d) Briefs. The appellant's brief must be filed with the notice of appeal and be served upon the opposing party at that time. The appellee's brief must be filed and served within 5 days thereafter unless otherwise ordered.
(e) Notice of Appellant's Presence at Hearing. If the appellant intends to be present at the hearing, notice of the intention must accompany the notice of appeal. Thereafter any party may file a proposed interim order to be issued by the supreme court that will assure the appellant the opportunity to be present at the appeal hearing while protecting the interest sought to be served by the order appealed from, and must state with particularity the plans for implementing the proposed interim order.
(f) Motions. Any motion must be filed within 5 days after service of the notice of appeal. Any party may file a response in opposition to a motion within 5 days after service of the motion.
(g) Application of Other Rules. To the extent that they are not inconsistent with section 25-03.1-29, North Dakota Century Code, or this rule, all other rules of appellate procedure apply.
[Adopted April 1, l983.]
Rule 2.1 was adopted, effective April 1, 1983; amended, effective March 1, 1998; March 1, 2003; March 1, 2008; March 1, 2011; Oct 1, 2014; March 1, 2019.
Rule 2.1 provides special procedures to accommodate the requirement in N.D.C.C. § 25-03.1-29 for a hearing within 14 days after the notice of appeal is filed in a mental health proceeding.
Subdivision (a) was amended, effective Oct 1, 2014, to provide for the filing of the notice of appeal in the supreme court.
Subdivision (a) was amended, effective March 1, 2019, to clarify that extensions of time to file the notice of appeal are not permitted.
Subdivision (c) was amended, effective March 1, 2008, to make it clear that a party who seeks to stay an order that is appealed must request a temporary stay from the supreme court when the notice of appeal is filed. Under N.D.C.C. § 25-03.1-29, only the supreme court can stay an order once an appeal is commenced.
Subdivision (e) was amended, effective March 1, 2011, to increase the time to serve and file an appellee's brief from five to seven days after service of the appellant's brief. If the appellant moves for a temporary stay of the order of the district court, the time to serve and file briefs was increased from three to five days.
Subdivision (g) was amended, effective March 1, 2011, to increase the time to file a motion from five to seven days.
SOURCES: Joint Procedure Committee Minutes of September 26, 2013, pages 12-13; April 29-30, 2010, pages 22, 24; April 26-27, 2007, pages 27-28; September 23-24, 1999, pages 9-10; September 26-27, 1996, page 18; February 17-18, 1983, pages 33-34.
STATUTES AFFECTED:
CONSIDERED:25-03.1-29, N.D.C.C.