N.D. R. App. P. 39
Joint Procedure Committee Minutes of April 25-26, 2002, pages 22-24; June 21, 1984, page 8; May 25-26, 1978, page 19; March 16-17, 1978, pages 7-8. Fed.R.App.P. 39.
EXPLANATORY NOTE Rule 39 was amended, effective 3/1/2003;10/1/2014. Although derived from Fed.R.App.P. 39, this rule is revised to simplify taxation of costs in the appellate court and the district court. It provides for taxation of all costs by the clerk of district court, except in proceedings initiated in the supreme court. Subdivision (f) generally restates N.D.C.C. § 28-31-11, which has been superseded and deleted from the century code. It provides a method for execution on a judgment for costs incurred in an action originating in the supreme court. Subdivision (e) was amended, effective 3/1/2003, to delete a provision allowing for the recovery of appellate brief preparation costs. If costs are not to be assessed as specified in subdivision (a), the supreme court must enter an appropriate order, either in the decision or in the judgment. The judgment used by the supreme court is signed by the chief justice and contains a provision for awarding costs. If costs are awarded, the party receiving costs is designated by the supreme court clerk. The action by the clerk and the signature by the chief justice are under the direction of the entire court. Rule 39 was amended, effective 3/1/2003, in response to the12/1/1998, amendments to Fed.R.App.P. 39. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Rule 39 was amended, effective10/1/2014, to replace "supreme court clerk" with "clerk of the supreme court."
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 28-31-10 and 28-31-11.