ND · rules
N.D. R. App. P. 2.2
Termination of Parental Rights - Expedited Appeals
(a) Filing Notice of Expedited Appeal. An appeal from an order terminating parental rights must be taken by filing a notice of expedited appeal with the clerk of the supreme court within 30 days after entry of the order. Extensions of time to file a notice of appeal under this rule are not permitted.
(b) Content of Notice of Appeal. The notice of appeal must:
(1) specify the party or parties taking the appeal;
(2) designate the order being appealed;
(3) name the court to which the appeal is taken; and
(4) indicate that an expedited appeal is requested.
(c) Motion for Temporary Stay and Specifications of Error. Any motion for a temporary stay of the order appealed from while the appeal is pending must be served and filed with the notice of appeal along with specifications of error specifying the grounds for appeal. Any stay granted by the district court remains valid only if a temporary stay request is filed with the supreme court with the notice of appeal. Once the supreme court acts on the stay request, any district court stay terminates.
(d) Record on Appeal. The record on appeal consists of the record required by Rule 10(a). A recording of the proceedings or an agreed statement of the case may substitute for the transcript.
(e) Briefs.
(1) Filing Time. The appellant's brief must be filed with the notice of appeal and must be served upon the opposing party at the time of filing. The appellee's brief must be served and filed no later than 21 days after service of the appellant's brief.
(2) Extensions. Extensions of time for filing briefs may not be granted except in the most unusual circumstances and only for the most compelling reasons in the interest of justice.
(f) Motions. Any motion, other than a motion for temporary stay, must be filed within seven days after service of the notice of appeal. Any party may file a response in opposition to a motion within seven days after service of the motion.
(g) Expedited Review. The supreme court must give priority to appeals under this rule.
(h) Application of Other Rules. To the extent they are not inconsistent with this rule, all other rules of appellate procedure apply.
History
Rule 2.2 was adopted, effective March 1, 2009; March 1, 2011; Oct 1, 2014; March 1, 2025. The explanatory note was amended, effective March 1, 2020. All appeals from orders terminating parental rights must be made under this rule, including appeals under N.D.C.C. ch. 14-15.1 on child relinquishment. Subdivision (a) was amended, effective Oct 1, 2014, to provide for the filing of the notice of appeal in the supreme court. Subdivision (a) was amended, effective March 1, 2025, to clarify that extensions of time to file the notice of appeal are not permitted. Paragraph (e)(1) was amended, effective March 1, 2011, to increase the time to serve and file an appellee's brief from 15 to 21 days after service of the appellant's brief. Subdivision (f) was amended, effective March 1, 2011, to increase the time to file a motion from five to seven days. Sources: Joint Procedure Committee Minutes of September 28, 2023, pages 2-3; April 26, 2019, page 19; September 26, 2013, pages 13-14; April 29-30, 2010, page 20; April 24-25, 2008, pages 9-11. STATUTES AFFECTED: CONSIDERED: N.D.C.C. ch. 14-15.1.
Provenance
- Source
- www.ndcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
3546e65daf0aa44e8f97b101b0be3840f284f621248f9416124d64bb7bd512a7
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.