N.D. R. App. P. 31

As amended through March 18, 2024

Rule 31 - [Effective 4/8/2024] Filing and Service of Briefs

(a) Time to Serve and File a Brief; Where Filed. The appellant must serve and file a brief within 40 days after the date on which the transcript is filed but, if no transcript is ordered, within 40 days after the notice of appeal is filed. The appellee must serve and file a brief within 30 days after the appellant's brief is served. The appellant may serve and file a reply brief within 14 days after service of the appellee's brief; however, if there is less than 14 days before oral argument the reply brief must be filed at least 5 days before argument. Unless exempt from electronic filing all briefs must be electronically filed with the clerk of the supreme court electronic filing system.

(b) Number of Copies to Be Filed and Served.

(1) Each brief must be served and filed as follows:

(A) one electronic copy of each brief must be served on counsel for each party separately represented and on each self-represented party or prisoner;

(B) if a self-represented party or prisoner cannot accept electronic service, a paper copy of each brief must be served;

(C) one electronic copy of each brief must be filed with, the clerk of the supreme court via the electronic filing system; and

(D) for briefs filed in person, by mail or third-party commercial carrier, an original of each brief must be filed with the clerk of the supreme court.

(2) All electronic copies of briefs must comply with Rule 25. If a paper brief is filed or served, it must contain all the parts of the electronic brief and be in the same order as in the electronic brief.

(c) Consequence of Failure to File. If an appellant fails to file a brief within the time provided by this rule or within a time extended by the court, the court on its own motion may dismiss the appeal or an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument.

N.D. R. App. P. 31

Supreme Court Rulemaking of ___________________; Joint Procedure Committee Minutes of November 1, 2020, page 12; September 26, 2013, pages 26-27; April 29-30, 2010, page 24; January 25, 2007, page 19; September 27-28, 2001, page 23; April 26-27, 2001, page 9; September 28-29, 1995, page 12; May 21-22, 1987, page 17; February 19-20, 1987, page 8; September 18-19, 1986, pages 2, 20; May 25-26, 1978, page 17; October 27-28, 1977, pages 6-7; September 15-16, 1977, pages 13-14. Fed.R.App.P. 31.

EXPLANATORY NOT.

Rule 31 was amended, effective 1/1/1988; 3/1/1997;3/1/1999; 3/1/2001; technical amendments effective 8/1/2001; 3/1/2003;3/1/2008; 3/1/2011; 10/1/2014; 3/1/2019; 11/1/2020; 3/1/2022; 4/8/2024.

Rule 31 was amended, effective3/1/2003, in response to the12/1/1998, amendments to Fed.R.App.P. 31. The language and organization of subdivisions (a) and (c) were changed to make the rule more easily understood and to make terminology and style consistent throughout the rules.

Subdivision (a) was amended, effective3/1/2011, to change the deadline for an appellant to serve and file a reply brief if there is less than 14 days before argument from 3 to 5 days before argument.

Subdivision (b) was amended, effective3/1/2008, to require that a copy of each brief be served on each unrepresented party. The subdivision was also amended to update requirements for filing an electronic copy with paper briefs. Subdivision (b) was amended, effective10/1/2014, to conform the rule to electronic filing. All parties, whether filing electronically or in paper, must file an electronic copy of the brief unless the party certifies that the brief was not prepared on a computer or word processor.

Paragraphs (b)(1) and (b)(2) were amended, effective 3/1/2019, to eliminate filing of a word processing version of a brief with the clerk of the supreme court.

Paragraph (b)(1) was amended October 14, 2020, effective 11/1/2020. to require an original of each brief to be filed when filing is by mail or third-party commercial carrier. .

Subdivision (c) was amended, effective3/1/2008, to clarify extension and dismissal procedure. .

Rule 31 was amended, effective10/1/2014, to replace "supreme court clerk" with "clerk of the supreme court.

Rule 31 was Amended, effective, 4/8/2024, upon the adoption of the 61 supreme court's electronic filing system. Unless otherwise exempted under the rule, 62 parties are required to electronically file and serve briefs with the clerk of the 63 supreme court.

Paragraphs (b)(1) and (b)(2) amended December 11, 2018, effective 3/1/2019.

Amended, effective 3/1/2022

N.D.R.App.P. 25 (Filing and Service); N.D.R.App.P. 26(b) (Extending Time), N.D.R.App.P. 28 (Briefs), N.D.R.App.P. 30 (References to the Record), N.D.R.App.P. 32 (Form of Briefs and Other Documents).