Appeal As Of Right To District Court; How Taken

(a) Filing the Notice of Appeal. (1) An appeal permitted by law as of right from a municipal court to the district court may be taken only by filing a notice of appeal with the municipal court clerk within the time allowed by Rule 37(b). (2) An appellant's failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is grounds only for the district court to act as it considers appropriate, including dismissing the appeal. (b) Time for Filing a Notice of Appeal. (1) A defendant's notice of appeal must be filed with the municipal court clerk within 30 days after the entry of the judgment or order being appealed. (2) If an appeal by the prosecution is authorized by statute, the notice of appeal must be filed with the municipal court clerk within 30 days after entry of judgment or order being appealed. (c) Filing Before Entry of Judgment. A notice of appeal filed after the municipal court announces a decision, sentence, or order, but before the entry of the judgment or order, is treated as filed on the date of and after the entry. (d) Effect of a Motion on a Notice of Appeal. (1) If a defendant timely makes any of the following motions under the North Dakota Rules of Criminal Procedure, the notice of appeal from a judgment of conviction must be filed within 30 days after the entry of the order disposing of the last such remaining motion, or within 30 days after the entry of the judgment of conviction, whichever period ends later: (A) for a new trial under Rule 33 , but if based on newly discovered evidence, only if the motion is made no later than 30 days after the entry of the judgment; or (B) for arrest of judgment under Rule 34 . (e) Extension of Time. Upon a finding of excusable neglect or good cause, the municipal court may, before or after the time has expired, with or without motion and notice, extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this subdivision. (f) Content of the Notice of Appeal. The notice of appeal must: (1) specify the party or parties taking the appeal; (2) designate the verdict, judgment, order, or part thereof being appealed; and (3) name the district court to which the appeal is taken. (g) Serving the notice of appeal. (1) The municipal court clerk must promptly serve notice of the filing of the notice of appeal by mailing or sending by third-party commercial carrier a copy of the notice of appeal to the clerk of district court and each party's counsel of record—excluding the appellant's—or, if a party is proceeding pro se, to the party's last-known address. The municipal court clerk must note on each copy the date the notice of appeal was filed. (2) The municipal court clerk's failure to serve a copy of the notice of appeal does not affect the validity of the appeal. The municipal court clerk must note on the docket the names of the parties to whom the clerk sends copies and the date they were sent. Service is sufficient despite the death of a party or the party's counsel. (h) Transmittal to District Court. Within seven days after the notice of appeal is filed, the municipal court clerk, or the judge if there is no clerk, must transmit to the clerk of district court all documents filed in the action, which must be docketed by the clerk of district court without charge to the appellant. (i) Designation of Parties on Appeal. A party appealing is the appellant and an opposing party is the appellee, but the title of the action is not changed as a consequence of the appeal. (j) Effect and Scope of Appeal. A perfected appeal to the district court transfers the action for trial anew. An appeal from a judgment of conviction constitutes an appeal from any verdict of guilty upon which the judgment is rendered. (k) Supervision in District Court. The supervision and control of the proceedings on appeal will be in the district court from the time an appeal is taken except as otherwise provided in these rules. The district court, at any time after an appeal is taken, may: (1) hear a motion to dismiss the appeal; (2) conduct a trial anew and affirm, reverse, modify or vacate the municipal court judgment or order; (3) correct an illegal sentence or a sentence imposed in an illegal manner; and (4) order judgment to be entered in the district court. (l) Summary Affirmance. If the appellant fails to appear at the trial anew, the district court must summarily affirm the judgment and enter it as a judgment of the district court unless the appellant on motion within seven days after the date set for the trial anew shows good cause for failure to appear.