RULE 2.2. TERMINATION OF PARENTAL RIGHTS - EXPEDITED APPEALS
Effective Date: 3/1/2011
Obsolete Date: 10/1/2014
(a) Filing Notice of Expedited Appeal. An appeal from an order terminating parental rights must be taken by filing a notice of expedited appeal with the clerk of district court within 30 days after entry of the order.
(b) Content of Notice of Appeal. The notice of appeal must:
(1) specify the party or parties taking the appeal;
(2) designate the order being appealed;
(3) name the court to which the appeal is taken; and
(4) indicate that an expedited appeal is requested.
(c) Motion for Temporary Stay and Specifications of Error. Any motion for a temporary stay of the order appealed from while the appeal is pending must be served and filed with the notice of appeal along with specifications of error specifying the grounds for appeal. Any stay granted by the district court remains valid only if a temporary stay request is filed with the supreme court with the notice of appeal. Once the supreme court acts on the stay request, any district court stay terminates.
(d) Record on Appeal. The record on appeal consists of the record required by Rule 10(a). A recording of the proceedings or an agreed statement of the case may substitute for the transcript.
(e) Briefs.
(1) Filing Time. The appellant's brief must be filed with the notice of appeal and served upon the opposing party at the time of filing. The appellee's brief must be served and filed no later than 21 days after service of the appellant's brief.
(2) Extensions. Extensions of time for filing briefs may not be granted except in the most unusual circumstances and only for the most compelling reasons in the interest of justice.
(f) Motions. Any motion, other than a motion for temporary stay, must be filed within seven days after service of the notice of appeal. Any party may file a response in opposition to a motion within seven days after service of the motion.
(g) Expedited Review. The supreme court must give priority to appeals under this rule.
(h) Application of Other Rules. To the extent they are not inconsistent with this rule, all other rules of appellate procedure apply.
Rule 2.2 was adopted, effective March 1, 2009; March 1, 2011; Oct 1, 2014. The explanatory note was amended, effective March 1, 2020.
All appeals from orders terminating parental rights must be made under this rule, including appeals under N.D.C.C. ch. 14-15.1 on child relinquishment.
Subdivision (a) was amended, effective Oct 1, 2014, to provide for the filing of the notice of appeal in the supreme court.
Paragraph (e)(1) was amended, effective March 1, 2011, to increase the time to serve and file an appellee's brief from 15 to 21 days after service of the appellant's brief.
Subdivision (f) 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 April 26, 2019, page 19; September 26, 2013, pages 13-14; April 29-30, 2010, page 20; April 24-25, 2008, pages 9-11.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. ch. 14-15.1.