N.D. R. App. P. 3 (2026)

RULE 3. APPEAL AS OF RIGHT—HOW TAKEN

Effective Date: 7/1/2026

(a) Filing the Notice of Appeal.

(1) An appeal permitted by law as of right from a district court to the supreme court may be taken by filing a notice of appeal with the clerk of the supreme court within the time allowed by Rule 4. (2) An appellant's failure to take any step other than the timely filing of a notice of appeal and payment of any required docket fee does not affect the validity of the appeal, but is ground only for the supreme court to act as it considers appropriate, including dismissing the appeal. (b) Joint or Consolidated Appeals. When two or more parties are entitled to appeal from a district court judgment or order, and their interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on appeal as a single appellant. Appeals may be consolidated by order of the supreme court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals.

(c) Content of the Notice of Appeal. The notice of appeal must:

(1) specify the party or parties taking the appeal; (2) designate the judgment, order, or part thereof being appealed; and (3) name the court to which the appeal is taken. (d) Serving the Notice of Appeal.

(1) A party must serve a notice of appeal on each party's counsel of record - excluding the appellant's counsel - or a self-represented party. If a party is self-represented and does not have an e-mail address, a party must serve a notice of appeal to the party's last known address. Proof of service must be filed with the notice of appeal. (2) The clerk of the supreme court must promptly file a notice of appeal with the district court clerk using the Odyssey system. (3) Service is sufficient despite the death of a party or the party's counsel. (4) The title of the action is not to be changed as a consequence of the appeal.