North Dakota Notice of Appeal
North Dakota files its notice of appeal with the clerk of the Supreme Court rather than the trial court, and a small claims judgment cannot be appealed after the fact at all.
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Introduction
In North Dakota, a notice of appeal from a final civil judgment must be filed within 60 days from service of notice of entry of the judgment or order being appealed (N.D.R.App.P. 4(a)(1)). Service is not needed to start the clock if the record clearly shows the appealing party already had actual knowledge of entry of judgment through their own affirmative action. If a party timely files a motion for judgment under Rule 50(b), to amend or add findings under Rule 52(b), for attorney's fees under Rule 54, to alter or amend the judgment or for a new trial under Rule 59, or for relief under Rule 60 that is served and filed no later than 28 days after notice of entry, the full 60-day period runs for every party from service of notice of entry of the order deciding the last such motion (N.D.R.App.P. 4(a)(3)(A)). The Supreme Court may extend the deadline only if a party moves no later than 30 days after the Rule 4(a) time expires and shows excusable neglect or good cause, with notice to the other parties, and no extension may run more than 30 days beyond the originally prescribed time (N.D.R.App.P. 4(a)(4)(A)-(C)); outside that narrow window the deadline generally cannot be extended. The notice is filed with the clerk of the Supreme Court directly, not the clerk of the district court that entered the judgment (N.D.R.App.P. 3(a)(1)); a notice mistakenly filed in district court is date-stamped and forwarded, and is deemed filed in the Supreme Court as of that date (N.D.R.App.P. 4(f)). North Dakota has no permanent intermediate court of appeals; the Supreme Court hears the appeal directly, though the chief justice may assign some cases to a temporary Court of Appeals panel. The notice must specify the party or parties taking the appeal, designate the judgment or order or the part of it being appealed, and name the court to which the appeal is taken, and it must be served on each other party's counsel of record or on a self-represented party, with proof of service filed with the notice (N.D.R.App.P. 3(c)(1)-(3), 3(d)(1)). A fillable Notice of Appeal form is published for self-represented filers, but the rule does not make it a mandatory numbered form; the content the rule requires controls. Filing costs $250, nonrefundable, payable to the clerk of the Supreme Court (N.D.C.C. 27-03-05; confirm the current fee with the clerk), though a party may instead file a fee-waiver petition with the notice. No cost bond is automatically required. Filing the notice of appeal does not by itself stop collection. Except as provided in Rule 62(c) and (d), enforcement is stayed for 30 days after filing notice of entry of judgment unless the court orders otherwise; that stay comes from the notice of entry, not the appeal, and may have ended before the appeal is filed. Beyond it, a stay requires a bond or other security the court approves (N.D.R.Civ.P. 62(a)-(b)). An appeal to the Supreme Court reviews the trial court record for legal error; it is not a new trial. North Dakota's small claims court has no post-judgment appeal at all: the plaintiff waives any right to appeal by choosing to sue in small claims court, and the defendant waives it too unless the defendant elects, within 20 days of being served with the claim affidavit and election form and before any hearing, to remove the case to district court as an ordinary civil action (N.D.C.C. 27-08.1-02, 27-08.1-04). This page covers a civil appeal from a final district court judgment. Criminal, administrative-agency, federal, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
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The notice of appeal is due 60 days from service of notice of entry of the judgment or order being appealed (N.D.R.App.P. 4(a)(1)), unless the record clearly shows the appealing party already knew of entry of judgment through their own affirmative action. A timely motion under Rule 50(b), 52(b), 54, or 59, or a Rule 60 motion served and filed no later than 28 days after notice of entry, restarts the full 60 days for every party from service of notice of entry of the order disposing of the last such remaining motion (N.D.R.App.P. 4(a)(3)(A)).
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The deadline can be extended only narrowly. The Supreme Court may grant an extension if a party moves no later than 30 days after the Rule 4(a) time expires and shows excusable neglect or good cause, with notice to other parties, and any extension is capped at 30 days beyond the original deadline (N.D.R.App.P. 4(a)(4)(A)-(C)). Outside that window the deadline generally cannot be extended.
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File the notice of appeal with the clerk of the Supreme Court directly, not the district court clerk that entered the judgment (N.D.R.App.P. 3(a)(1)). A notice mistakenly filed in district court is forwarded and deemed filed in the Supreme Court as of the date it was date-stamped (N.D.R.App.P. 4(f)).
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The notice must specify the party taking the appeal, designate the judgment or order appealed from, and name the court appealed to, and it must be served on each other party's counsel of record or self-represented party with proof of service filed with the notice (N.D.R.App.P. 3(c)(1)-(3), 3(d)(1)). A fillable Notice of Appeal PDF is published for self-represented filers, but it is not a mandatory numbered form.
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Filing costs $250, nonrefundable, payable to the clerk of the Supreme Court (N.D.C.C. 27-03-05); confirm the current fee with the clerk. A verified fee-waiver petition may be filed with the notice, and if the waiver is later denied the appellant has 14 days to pay or the notice is withdrawn (N.D.R.App.P. 12(c)).
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Filing the notice of appeal does not by itself stop collection. Except as provided in Rule 62(c) and (d), enforcement is stayed for 30 days after filing notice of entry of judgment unless the court orders otherwise; that stay comes from the notice of entry, not the appeal, and may have ended before the appeal is filed. Beyond it, a stay requires a bond or other security the court approves (N.D.R.Civ.P. 62(a)-(b)).
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North Dakota small claims court has no post-judgment appeal at all. The plaintiff waives any right to appeal by choosing to sue in small claims court, and the defendant waives it too unless the defendant elects, within 20 days of being served with the claim affidavit and election form and before any hearing, to remove the case to district court as an ordinary civil action with jury-trial rights (N.D.C.C. 27-08.1-02, 27-08.1-04).
Key decisions before you file
Before you file a Notice of Appeal in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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North Dakota Requirements for Notice of Appeal
60-Day Deadline Runs From Service of Notice of Entry
The notice of appeal must be filed within 60 days from service of notice of entry of the judgment or order being appealed (N.D.R.App.P. 4(a)(1)), unless the record clearly shows the appealing party already knew of entry of judgment through their own affirmative action.
Tolling Motions Restart the 60 Days
A timely motion under Rule 50(b), 52(b), 54, or 59, or a Rule 60 motion served and filed no later than 28 days after notice of entry, restarts the full 60-day period for every party from service of notice of entry of the order deciding the last such motion (N.D.R.App.P. 4(a)(3)(A)).
Narrow Rule 4(a)(4) Extension
The Supreme Court may extend the deadline only if a party moves no later than 30 days after the Rule 4(a) time expires and shows excusable neglect or good cause, with notice to the other parties, capped at 30 days beyond the originally prescribed time (N.D.R.App.P. 4(a)(4)(A)-(C)).
Filed With the Supreme Court Clerk, Not District Court
The notice of appeal is filed with the clerk of the Supreme Court directly, not the district court clerk that entered the judgment (N.D.R.App.P. 3(a)(1)). A notice mistakenly filed in district court is forwarded and deemed filed in the Supreme Court as of the date the district clerk date-stamped it (N.D.R.App.P. 4(f)).
Required Contents and Proof of Service
The notice must specify the party taking the appeal, designate the judgment or order being appealed, and name the court appealed to, and must be served on each other party's counsel of record or self-represented party, with proof of service filed with the notice (N.D.R.App.P. 3(c)(1)-(3), 3(d)(1)).
Official Form Is Optional, Not Mandatory
A fillable Notice of Appeal PDF is published for self-represented filers, but the rule does not label it a mandatory numbered form; the content requirements of N.D.R.App.P. 3(c) control regardless of format used.
Filing Fee and Fee-Waiver Petition
Filing costs $250, nonrefundable, payable to the clerk of the Supreme Court (N.D.C.C. 27-03-05); confirm the current fee with the clerk. A verified fee-waiver petition may be filed with the notice, and if denied the appellant has 14 days to pay or the notice is withdrawn (N.D.R.App.P. 12(c)).
30-Day Stay After Notice of Entry, Then Bond Required
Filing the notice of appeal does not by itself stop collection. Except as provided in Rule 62(c) and (d), enforcement is stayed for 30 days after filing notice of entry of judgment unless the court orders otherwise; beyond that, a stay requires a bond or other security the court approves (N.D.R.Civ.P. 62(a)-(b)).
No Post-Judgment Appeal From Small Claims
A plaintiff waives any right to appeal by choosing small claims court, and a defendant waives it too unless the defendant elects, within 20 days of being served with the claim affidavit and election form and before any hearing, to remove the case to district court (N.D.C.C. 27-08.1-02, 27-08.1-04).