2015 North Dakota Century Code Title 27 Judicial Branch of Government Chapter 27-02.1 Court of Appeals
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CHAPTER 27-02.1
COURT OF APPEALS
27-02.1-01. (Effective through January 1, 2020) Temporary court of appeals
established - Jurisdiction - Writ authority - Administration.
A temporary court of appeals is established to exercise appellate and original jurisdiction as
delegated by the supreme court. Panels of the temporary court of appeals may issue original
and remedial writs necessary to properly exercise jurisdiction in cases assigned to them. The
panels of the temporary court of appeals are subject to administration by the supreme court
pursuant to sections 3 and 8 of article VI of the Constitution of North Dakota.
27-02.1-02. (Effective through January 1, 2020) Number, assignment, and
compensation of judges.
1. The supreme court may provide for the assignment of active or retired district court
judges, retired justices of the supreme court, and lawyers, to serve on three-judge
panels of the temporary court of appeals if the chief justice certifies to the governor
that the supreme court has disposed of two hundred fifty cases in the twelve months
preceding September first of any year. Assignments may be made for a time certain,
not to exceed one year from the date of assignment, or specifically for one or more
cases on the docket of the supreme court.
2. An active or retired district court judge serving on the temporary court of appeals may
not be assigned to hear cases in which the judge participated while serving on the
district court. An active district court judge may not be assigned to hear cases that
originated in the judicial district of the judge.
3. An active district court judge serving on the temporary court of appeals is not entitled
to additional compensation, but is entitled to reimbursement for expenses as provided
by sections 44-08-04 and 54-06-09.
4. Retired justices of the supreme court, retired district court judges, and lawyers serving
as judges on panels of the temporary court of appeals are entitled to receive as
compensation for each day of service in the performance of duties pursuant to the
assignment an amount equal to five percent of the gross monthly salary as provided
for a regularly elected or appointed justice of the supreme court, or one-half of the
daily compensation for services of one-half day or less. The compensation must be
paid upon certification by the judge that the services were performed for the number of
days shown on the certificate and must be paid in the same manner as the salaries of
the regularly elected or appointed judges are paid.
27-02.1-03. (Effective through January 1, 2020) Assignment and reassignment of
cases - Quorum for decision of cases - Authority in furtherance of jurisdiction.
1. Panels of the temporary court of appeals have jurisdiction to hear and to decide all
cases assigned by the supreme court.
2. The supreme court may order reassignment of any case from a panel of the temporary
court of appeals to the supreme court.
3. A majority of the three judges of a panel of the temporary court of appeals hearing a
case is necessary to pronounce a decision.
4. When a judgment or order is reversed, modified, or confirmed by a panel of the
temporary court of appeals, the reasons must be concisely stated in writing, signed by
the judges concurring, filed in the office of the clerk of the supreme court, and
preserved with the record of the case. Any judge concurring or dissenting may give the
reasons for the judge's concurrence or dissent in writing over the judge's signature.
27-02.1-04. (Effective through January 1, 2020) Administration - Employees and
clerical assistance - Court of record - Place of sessions.
1. The clerk of the supreme court shall provide clerk services to panels of the temporary
court of appeals.
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2.
3.
Panels of the temporary court of appeals may hold court in any place the panel
considers convenient and efficient for conducting its business.
All proceedings of the panels of the temporary court of appeals must be pursuant to
the rules adopted by the supreme court.
27-02.1-05. (Effective through January 1, 2020) Chief judge.
The chief justice of the supreme court shall designate a chief judge of each panel of the
temporary court of appeals who shall preside pursuant to rules of the supreme court.
27-02.1-06. (Effective through January 1, 2020) Review of decisions of panels.
Any party in interest who is aggrieved by a judgment or order of a panel of the temporary
court of appeals may petition the supreme court for review of the judgment or order pursuant to
rules of the supreme court. Upon the filing of a petition for review by the supreme court, the
order or judgment and mandate of the panel of the temporary court of appeals is stayed pending
action of the supreme court. The supreme court has discretion to grant or deny the petition.
27-02.1-07. (Effective through January 1, 2020) Right to appeal not created.
This chapter does not provide or create a right of appeal if that right is not otherwise
provided by law. An appeal assigned to a panel of the temporary court of appeals fulfills the right
of appeal provided by section 28-27-02.
27-02.1-08. (Effective through January 1, 2020) Unitary appeal - Filing of appeal Filing fee.
All appeals must be treated as one appeal process under the jurisdiction of the supreme
court. In any appeal there may be only one filing and one filing fee required. The filing fee is as
prescribed by section 27-03-05.
27-02.1-09. (Effective through January 1, 2020) Publication of opinions.
Opinions of the panels of the temporary court of appeals may be published pursuant to
rules of the supreme court.
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