Forwarding And Filing The Record

North Dakota Rules of Appellate Procedure

Rule: 11.

Jurisdiction: ND

Bluebook Citation: N.D.R.App.P. 11.

(a) Time for Forwarding;Duty of Appellant. (1) Except in expedited appeals, the clerk of district court must forward the exhibits necessary for determination of the appeal and the record on appeal, excluding the transcript, to the supreme court not less than 25 nor more than 30 days after the filing of the notice of appeal unless otherwise directed by the supreme court. (2) After filing the notice of appeal, the appellant must do what is necessary to enable the clerk of district court to assemble and forward the record. (3) In expedited appeals, the clerk of district court must promptly forward the exhibits necessary for determination of the appeal and the record on appeal, excluding the transcript, to the supreme court unless otherwise directed by the supreme court. (b) Method of Forwarding Record. (1) Documents Numbered and Listed. The clerk of district court must create a numbered list of the documents constituting the record that reasonably identifies the documents. The clerk of district court must certify to the supreme court that the list constitutes the record on appeal. (2) Unusual Bulk or Weight. Unless directed to do so by a party or by the clerk of the supreme court, the clerk of district court must not forward to the court documents of unusual bulk or weight, or physical exhibits other than documents. If the exhibits are unusually bulky or heavy, a party must arrange with the clerks in advance for their transportation and receipt. (3) Certification of the Record. The record is considered forwarded to the clerk of the supreme court upon filing of a certification of the record. The clerk of district court must indicate the date the record is forwarded to the court. (c) Appellant's Duty to Forward Record. It is the appellant's duty to ensure that the record is accurate and complete and to cause timely forwarding of the record, including: (1) a certification by the clerk of district court as required by this rule; and (2) any transcripts necessary for the appeal.

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