N.D. R. App. P. 45
Joint Procedure Committee Minutes of April 25-26, 2002, page 27; January 29-30, 1998, page 22; February 19-20, 1987, page 9; September 18-19, 1986, pages 23-25; January 12-13, 1978, pages 24-25. Fed.R.App.P. 45.
EXPLANATORY NOTE Rule 45 was amended, effective 1/1/1988;3/1/1999;3/1/2003;3/1/2007;10/1/2014. This rule is derived from Fed.R.App.P. 45. Paragraph (a) (2) provides, in part, that the clerk has no obligation to notify counsel of approaching deadlines. Conversely, neither counsel nor parties have the right to require or rely on notification from the clerk. Subdivision (c) was amended, effective3/1/1999, to allow the clerk to send the notice and opinion via commercial carrier as an alternative to mail. Subdivision (c) was amended, effective3/1/2007, to allow service by electronic means. As noted in paragraph (b) (2), the clerk prepares the court calendar under the direction of the court. Presently, a case is assigned to the next court term at least 17 days after the brief of the appellee or cross-appellee is filed. For example, if an appellee's brief is filed on March 25, the case will be heard during the May term of court. Rule 45 was amended, effective3/1/2003. 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 45 was amended, effective10/1/2014, to replace "supreme court clerk" with "clerk of the supreme court" and "paper" with "document."
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 28-27-30, 28-31-02, 28-31-03, and 29-28-22.