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N.D. Sup. Ct. Admin. R. 16

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 16 Appeals from Municipal Courts [Transferred]

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Rule Text

Amendment history: (Adopted Jan. 1, 1995; amended Aug. 11, 2021, Aug. 1, 2025, Sept. 1, 2026.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If you want to appeal a decision made by a municipal court, you need to file that appeal with the district court in the same county. This applies to appeals covered under North Dakota law sections 40-18.1-19 and 40-18.1-20, as well as Rule 37 of the North Dakota Rules of Criminal Procedure.

In practical terms, this means you can't take your municipal court appeal to a different county's court or skip straight to a higher court. The district court in your county is the proper place to file the appeal, and that's also where it will be heard.

Committee Notes

To the extent that N.D.C.C. §§ 39-06.1-03(5), 40-18.1-19, and 40-18.1-20 are in conflict with N.D.Sup.Ct.Admin.R. 16, N.D.Sup.Ct.Admin.R. 16 supersedes the statutory material.

The content of Rule 16 was transferred to N.D.R.Ct. 9.2, effective September 1, 2026.

SOURCES: Joint Procedure Committee minutes of April 24, 2026, pages 6-7; N.D. Const., Article VI, §§ 1 and 3; N.D.C.C. § 27-02-05.1(1), (2), (3) and (5); amended December 22, 1982; formerly Administrative Order XII, February 2, 1978;amended effective January 1, 1995; August 11, 2021; August 1, 2025.

← Previous Rule 15: Temporary Assignments of Judges Next → Rule 17: Rule Relating to District Judge Self-disqualification Procedure