Rule 3-1 Docketing Statement; Response; Notice of Appearance; Notice of Potential Conflicts
Article II: Appeals from Judgments And Orders of the Superior Court
Rule Text
(a) Docketing Statement.
(1) Purpose. The docketing statement aids the Court in identifying potential jurisdictional defects, opportunities for simplification or settlement of issues, and matters warranting expedited treatment.
(2) Filing the Docketing Statement. A docketing statement is filed by completing and filing Form 2 in the Appendix within the time provided by this rule.
(3) Who Must File. Any party filing a notice of appeal under Rule 3, except a party filing a notice of appeal pro se must file a docketing statement. If multiple appellants file a joint appeal, the appellants are encouraged to join in filing a single docketing statement, but separate docketing statements are permitted.
(4) Time for Filing.
(A) A party required to file a docketing statement must do so within 15 days after the Clerk gives notice that their notice of appeal has been docketed pursuant to Rule 12.
(B) Extensions of time for filing a docketing statement are disfavored and will only be granted upon motion demonstrating substantial need.
(5) Consequences for Failure to File a Docketing Statement.
(A) Failure to File. Failure to file a docketing statement is grounds for dismissal or other sanctions as the Court deems appropriate.
(B) Filing an Incomplete or Inaccurate Docketing Statement. Although parties are not bound by the issues identified in the docketing statement and may subsequently modify them, parties are required to make a good faith effort to fully and accurately complete the docketing statement. The Court may sanction a party or party’s counsel if the Court finds the docketing statement sufficiently inaccurate or misleading.
(b) Opposing Parties Must Respond or File Appearance. Within 10 days after being served the docketing statement, all opposing parties must file a response or file a notice of appearance.
(1) Response to Docketing Statement. Any opposing party may file a response to the docketing statement if the party believes the docketing statement inaccurately presents the issues. Opposing parties may file joint or separate responses.
(A) Format of Response. The response shall be in the form of a pleading and shall specifically cite the alleged inaccuracies of the docketing statement.
(B) Jurisdictional Defects. An opposing party wishing to challenge appellate jurisdiction shall file a motion to dismiss rather than raising jurisdictional issues in a response to the docketing statement.
(2) Notice of Appearance.
(A) Notice. Counsel for any opposing party that chooses not to respond to a docketing statement, either jointly or separately, shall file a notice of appearance.
(B) Exception for Counsels of Record. Notice of appearance is not required from any counsel having previously filed a docketing statement, response, or notice of appearance in the matter.
(c) Notice of Potential Conflicts. When a party files its initial docketing statement, response, or notice of appearance, the party must also file a notice listing any potential conflicts, as defined by 1 CMC § 3308, that might prevent a sitting justice from participating in the case. If the party is unaware of any such conflicts, the party must so state.