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Appeal a Municipal Court Decision to District Court

What is a Municipal Court?

A Municipal Court is a court established by a municipal (city) government to hear and decide violations of municipal ordinances (except certain violations involving juveniles). Municipal Courts are funded by the municipality.

Each municipality has the option of deciding whether or not to have a municipal court.

How Do I Know if My Case was Heard and Decided by a Municipal Court?

Review the final decision in the case you want to appeal. The caption (top) on the first page of the decision includes the name of the court. The Plaintiff is listed as the City, or the Municipality.

How Long Do I Have to Appeal a Municipal Court Final Decision?

You have 30 Days from the final decision of the Municipal Court Judge. To meet the 30-Day deadline, file your completed Notice of Appeal with the Municipal Court Clerk.

How Do I Appeal a Non-Criminal Traffic Violation to District Court

A Municipal Court Judge’s final decision on a non-criminal traffic violation may be appealed to a North Dakota state district court only if:

  • You requested a Municipal Court hearing on your non-criminal traffic violation;
  • You attended the hearing; and
  • You want to appeal the Municipal Court Judge’s final decision on your non-criminal traffic violation.

Go to Appeal a Traffic Violation Decision for all of the information and forms available through the N.D. Legal Self Help Center. An appeal in a non-criminal traffic violation is “trial anew”. This means the District Court holds a brand-new trial.

How Do I Appeal the Municipal Court’s Final Decision on a Criminal Ordinance Violation to District Court

A Municipal Court Judge’s final decision on a criminal ordinance violation may be appealed to a North Dakota state district court when:

  • The final decision in your Municipal Court case is a judgment of conviction; or
  • The final decision in your Municipal Court case is an order deferring imposition of sentence.

For Municipal Court cases filed on or after July 1, 2026, appeals of Municipal Court final decisions on criminal ordinance violations are based only on the record created during the Municipal Court case. You won’t have a brand-new trial at the District Court. The District Court Judge makes their decision by reviewing what happened during the Municipal Court case.

Step One – Prepare Your Notice of Appeal:

Don’t Delay! You must file your Notice of Appeal within 30 Days of the final decision.

Your Notice of Appeal may be your only chance to tell the District Court Judge the legal mistakes you believe were made by the Municipal Court Judge. Give yourself time to make a full argument in your Notice of Appeal.

Step Two – File Your Notice of Appeal with the Municipal Court Clerk:

Don’t Delay! You must file your Notice of Appeal within 30 Days of the final decision.

File your Notice of Appeal with the Clerk of the same Municipal Court where your criminal ordinance violation was heard and decided.

Step Three – The Municipal Court Clerk Transmits the Municipal Court Case Record to District Court and Serves a Copy of the Notice of Appeal on the Prosecuting Attorney:

If your Notice of Appeal is filed within 30 days of the final decision, the Municipal Court Clerk transmits the record of your Municipal Court case to the North Dakota State District Court.

The record is documents filed in the case, and the electronic recording of all hearings held.

The Municipal Court Clerk also serves a copy of your Notice of Appeal on the prosecuting attorney in your Municipal Court case.

If a Municipal Court requires you to serve the Notice of Appeal, you may use this form.

Step Four – The District Court Judge Decides Your Appeal:

An appeal isn’t a do-over of your Municipal Court case with a brand-new trial. The District Court Judge reviews your Notice of Appeal and the record transmitted by the Municipal Court Clerk in Step Three.

You receive a letter from the District Court if the District Court Judge requests more information from you and the prosecuting attorney. If you receive a letter, follow the directions.

The District Court Judge has three options when deciding an appeal of a Municipal Court final decision in a criminal ordinance violation:

  • Affirm – keep the Municipal Court Judge’s final decision in place.
  • Reverse – undo the Municipal Court Judge’s final decision, usually with instructions for the Municipal Court Judge to follow.
  • Amend – change the Municipal Court Judge’s final decision, which can include instructions for the Municipal Court Judge to follow.

You receive a letter from the District Court with the District Court Judge’s decision. Read the letter carefully.

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Forms aren’t available for every legal issue or circumstance. If you don’t find a form that suits your circumstances on this website, the form isn’t available through the North Dakota Legal Self Help Center.

You may need to create legal documents yourself. The General-Use forms in the District Court Civil Section of this website may be used as a starting point for creating your own legal documents.

Selected Statutes (Laws) & Rules

Following are legal research starting points related to appealing a final decision of a North Dakota Municipal Court. You may need to conduct additional legal research into your legal issue. See the Legal Research Section of this website.

Other Resources

Following are other resources related to appealing a final decision of a North Dakota Municipal Court that may be of interest.

If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.

The information provided on and obtained from this site doesn’t constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided “as is”. The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn’t liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.