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The Northern Mariana Islands Supreme Court Rules are generally based on the Federal Rules of Appellate Procedure. Care has been taken to ensure that deviations from the federal rules are minimal. Accordingly, a deviation from an analogous federal rule is intentional. Rules designated by integers (e.g., “25”) or decimals (e.g., “26.1”) are based on the corresponding federal rule bearing the same number. Rules designated by dashed numbers (e.g., “27-1”) are not. This numbering system is analogous to that used by the federal circuits, where local circuit rules are designated by dashed numbers. The only exceptions to this format are Rules 13 and 14, dealing with certified questions. These are not based on federal rules.
Table of Contents (Quick Links)
ARTICLE I. APPLICABILITY OF RULES
Rule 1. Scope of Rules; Authority; Title; Definitions
(a) Scope of Rules
(b) [Reserved]
(c) Title
Rule 1-1. Authority; Forms; Definitions
(a) Authority
(b) Forms
(c) Definitions
Rule 2. Suspension of Rules
ARTICLE II. APPEALS FROM JUDGMENTS AND ORDERS
OF THE SUPERIOR COURT
Rule 3. Appeal – How Taken
(a) Filing the Notice of Appeal
(b) Joint or Consolidated Appeals
(c) Contents of the Notice of Appeal
(d) Serving the Notice of Appeal
(e) Payment of Fees
Rule 3-1. Docketing Statement; Response; Notice of Appearance;
Notice of Potential Conflicts
(a) Docketing Statement
(b) Opposing Parties Must Respond or File Appearance
(c) Notice of Potential Conflicts
Rule 4. Appeals: When Taken
(a) Appeal in a Civil Case
(b) Appeal in a Criminal Case
(c) Appeal by an Inmate Confined in an Institution
(d) Mistaken Filing in this Court
Rule 4-1. Counsel in Criminal Appeals
(a) Continuity of Representation on Appeal
Rule 5. [Reserved]
Rule 6. [Reserved]
Rule 7. Bond for Costs on Appeal in Civil Cases
Rule 8. Relief Pending Appeal
(a) Motion for Stay
(b) Proceeding Against a Surety
(c) Stay in a Criminal Case
Rule 9. Review of Superior Court Order of Release or
Detention in Criminal Cases
(a) Release Before Judgment of Conviction
(b) Release After Judgment of Conviction
(c) Criteria for Release
Rule 10. The Record on Appeal
(a) Composition of the Record on Appeal
(b) The Transcript of Proceedings
(c) Statement of the Evidence When the Proceedings
Were Not Recorded or When a Transcript Is Unavailable
(d) Agreed Statement as the Record on Appeal
(e) Correction or Modification of the Record
Rule 11. Assembling the Record
(a) Appellant’s Duty
(b) [Reserved]
(c) Retention of Record in the Superior Court for Use in
Preparing the Appeal; Certification of Record
Rule 11-1. Transcripts
(a) General
(b) Requesting and Preparing the Audio Transcript
(c) Preparation of the Certified Transcript for Appointed Counsel
(d) Preparation of the Certified Transcript for Pro Se,
Retained Counsel, or Government Counsel
Rule 12. Docketing the Appeal; Filing a Representation Statement
(a) Docketing the Appeal
(b) Filing a Representation Statement
(c) Substitution of Attorneys and Notice of Substitution
ARTICLE III. CERTIFIED QUESTIONS
Rule 13. Certified Questions: From Federal Court
(a) When Appropriate
(b) How Brought
(c) Procedure in This Court
(d) Costs
(e) Certification
Rule 14. Certified Questions: From Commonwealth Officials
(a) When Appropriate
(b) How Brought
(c) Procedure in This Court
ARTICLE IV. REVIEW OR ENFORCEMENT OF AN
ORDER OF AN ADMINISTRATIVE AGENCY,
BOARD, OR OFFICER
Rule 15. [Reserved]
Rule 16. [Reserved]
Rule 17. [Reserved]
Rule 18. [Reserved]
Rule 19. [Reserved]
Rule 20. [Reserved]
ARTICLE V. EXTRAORDINARY WRIT
Rule 21. Writs of Mandamus and Prohibition,
and Other Extraordinary Writs
(a) Mandamus or Prohibition to a Court: Petition,
Filing, Service, and Docketing
(b) Denial; Order Directing Answer; Briefs; Precedence
(c) Other Extraordinary Writs
(d) Form of Papers
Rule 21-1. Original Actions
ARTICLE VI. HABEAS CORPUS; PROCEEDINGS
IN FORMA PAUPERIS
Rule 22. Habeas Corpus Proceedings
Rule 23. Custody or Release of a Prisoner in
Habeas Corpus Proceedings
(a) Transfer of Custody Pending Review
(b) Detention or Release Pending Review of Decision Not to Release
(c) Release Pending Review of Decision Ordering Release
(d) Modification of Initial Order on Custody
ARTICLE VII. GENERAL PROVISIONS
Rule 25. Filing and Service
(a) Filing
(b) Service of All Papers Required
(c) Manner of Service
(d) Proof of Service
Rule 26. Computation and Extension of Time
(a) Computing Time
(b) Extending Time
(c) Additional Time after Service
Rule 26.1. Corporate Disclosure Statement
(a) Who Must File
(b) Time for Filing; Supplemental Filing
Rule 27. Motions
(a) In General
(b) Form of Papers; Page Limits; and Number of Copies
(c) Oral Argument
Rule 27-1. Emergency Motions
(a) Requirements
(b) Motions in Emergency Criminal Interlocutory Appeals.
(c) Conformity
Rule 27-2. Motions: Disposition
(a) Motions Determined by the Clerk
(b) Motions Determined by a Single Justice
(c) Motions Determined by the Full Court
(d) Motion to Reconsider
(e) Disposition of a Motion for a Procedural Order
Rule 28. Briefs
(a) Appellant’s Brief
(b) Appellee’s Brief
(c) Reply Brief
(d) References to Parties
(e) References to the Record
(f) Reproduction of Statutes, Rules, Regulations, etc
(g) [Reserved]
(h) [Reserved]
(i) Briefs in a Case Involving Multiple Appellants or Appellees
(j) Citation of Supplemental Authorities
Rule 28.1. Cross-Appeals
(a) Applicability
(b) Designation of Appellant
(c) Briefs
(d) Cover
(e) Length
(f) Time to Serve and File a Brief
Rule 29. Brief of Amicus Curiae
(a) When Permitted
(b) Motion for Leave to File
(c) Contents and Form
(d) Length
(e) Time for Filing
(f) Reply Brief
(g) Oral Argument
Rule 30. Appendix to the Briefs
(a) Appellant’s Responsibility
(b) All Parties’ Responsibilities
(c) [Reserved]
(d) Format of the Appendix
(e) [Reserved]
(f) Appeal on the Original Record Without an Appendix
Rule 31. Serving and Filing Briefs
(a) Time to Serve and File a Brief
(b) Number of Copies
(c) Consequence of Failure to File
Rule 31-1. Extensions of Time for Filing Briefs; Late Filing of Briefs
(a) Extensions of Time for Filing Briefs
(b) Late Filing of Briefs
Rule 32. Form of Briefs, Appendices, and Other Papers
(a) Form of a Brief
(b) Form of Other Papers
(c) Signature
(d) Substantial Compliance Required
(e) Brief Not in Conformity
Rule 32.1 Citing Judicial Dispositions
(a) Citation Permitted
(b) Copies Required
Rule 33. Appeal Conferences
(a) Generally
(b) Purpose
(c) Appeal Conference Officer
(d) Confidentiality
(e) Appeal Conference Report
Rule 34. Oral Argument
(a) In General
(b) Notice of Argument; Postponement
(c) Order and Contents of Argument
(d) Cross-Appeals and Separate Appeals
(e) Nonappearance of a Party
(f) Submission on Briefs
(g) Use of Physical Exhibits at Argument; Removal
Rule 35. [Reserved]
Rule 36. Entry of Judgment; Notice
(a) Entry
(b) Notice
Rule 37. Interest on Judgment
(a) When the Court Affirms
(b) When the Court Reverses
Rule 38. Frivolous Appeal-Damages and Costs
Rule 39. Costs
(a) Against Whom Assessed
(b) [Reserved]
(c) [Reserved]
(d) Bill of Costs: Objections: Insertion in Mandate
(e) Costs on Appeal Taxable in the Superior Court
Rule 39-1. Request for Attorney Fees; Opposition
(a) Request for Attorney Fees
(b) Opposition to Request
Rule 40. Petition for Rehearing
(a) Time to File; Contents; Answers; Action by the Court if Granted
(b) Form of Petition; Length
49 Rule 41. Mandate: Contents; Issuance and Effective Date; Stay
(a) Contents
(b) When Issued
(c) Effective Date
(d) Staying the Mandate
Rule 42. Voluntary Dismissal
(a) Dismissal in the Superior Court
(b) Dismissal in this Court
(c) Voluntary Dismissals in Criminal Appeals
Rule 42-1. Dismissal and Sanctions for Failure to Prosecute
(a) Notice and Dismissal by Clerk
(b) Dismissal by Court; Sanctions
Rule 43. Substitution of Parties
(a) Death of a Party
(b) Substitution for a Reason Other Than Death
(c) Public Officer: Identification; Substitution
Rule 44. Case Involving a Constitutional Question
When the Commonwealth is Not a Party
(a) [Reserved]
(b) Constitutional Challenge to Commonwealth Statute
Rule 45. Clerk’s Duties
(a) General Provisions
(b) Records
(c) Notice of an Order of Judgment
(d) Custody of Records and Papers
Rule 45-1. Clerk’s Authority
(a) Practice of Law
(b) Grant or Deny Motions
(c) Notice of Noncompliance
Rule 46. [Reserved]
Rule 47. Court Rules
(a) Amendments
(b) Procedure When There Is No Controlling Law
Rule 48. Special Master
(a) Appointment; Powers
(b) Compensation
Rule 49. [Reserved]
Rule 50. [Reserved]
Rule 51. [Reserved]