Obsolete Date: 3/1/2003
Unless (1) an appellant is exempted by law, (2) an appellant has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, or (3) the appellee waives in writing the requirement, in civil cases a bond for costs on appeal or equivalent security shall be filed by the appellant with the clerk of the trial court with the notice of appeal; but security shall not be required of an appellant who is not subject to costs. The bond or equivalent security shall be in the sum or value of $250 unless the trial court fixes a different amount. A bond for costs on appeal shall have sufficient surety, and it or any equivalent security shall be conditioned to secure the payment of costs if the appeal is finally dismissed or the judgment affirmed, or of such costs as the supreme court may direct if the judgment is modified. The bond must show the place of residence of each surety. If a bond or equivalent security in the sum or value of $250 is given, no approval thereof is necessary. After a bond for costs on appeal is filed, an appellee may raise for determination by the clerk of the trial court objections to the form of the bond or to the sufficiency of the surety. The provisions of Rule 8(b) apply to a surety upon a bond given pursuant to this rule.
Rule 7 was amended, effective March 1, 2003. The amended language is derived from Fed.R.App.P. 7 and replaces language derived from superseded statutes. The amendment removes the requirement that an appellant post a bond in all appeals and instead gives the district court discretion to decide when security for costs on appeal should be required.
SOURCES:Joint Procedure Committee Minutes of April 26-27, 2001, pages 3-4; September 28-29, 2000, page 13; January 27-28, 2000, page 9; September 23-24, 1999, pages 16-17; May 25-26, 1978, pages 3-5; March 16-17, 1978, page 1; January 12-13, 1978, pages 3-4; October 27-28, 1977, pages 12-13. Fed.R.App.P. 7.
SUPERSEDED: N.D.C.C. § § 28-27-09, 28-27-10, 28-27-20, 28-27-21, 28-27-22, and 28-27-23.
CROSS REFERENCE: N.D.R.App.P. 3 (Appeal as of Right—How Taken) , N.D.R.App.P. 8 (Stay or Injunction Pending Appeal) , N.D.R.App.P. 10 (The Record on Appeal) , and N.D.R.App.P. 12 (Docketing the Appeal).