Deadlines After a Conviction
N.D.R.App.P. 4 — 30 days to appeal, and two years for post-conviction relief
30 days. In a criminal case, a defendant's notice of appeal must be filed with the clerk of the supreme court within 30 days after the entry of the judgment, order, or verdict being appealed, whichever occurs last.
Who handles this in North Dakota: legal aid programs and the state offices, listed in the North Dakota directory.
After a motion. Where a defendant timely moves for a new trial under Rule 33 or for arrest of judgment under Rule 34, the notice of appeal from a judgment of conviction must be filed within 30 days after the entry of the order disposing of the last such motion, or within 30 days after the entry of the judgment of conviction, whichever period ends later.
An extension. On a finding of excusable neglect or good cause, the supreme court may, before or after the time has expired, extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed.
Two years. Except as subsection 3 provides, an application for post-conviction relief must be filed within two years of the date the conviction becomes final.
- Where no appeal is taken: when the time for appeal to the North Dakota supreme court expires.
- Where an appeal was taken to the North Dakota supreme court: when the time for petitioning the United States supreme court for review expires.
- Where review was sought in the United States supreme court: the date that court issues a final order in the case.
Later applications. A court may consider an application after that time where it alleges newly discovered evidence, including DNA evidence, that would establish the petitioner did not engage in the conduct; where a physical disability or mental disease precluded a timely application; or where a new retroactive interpretation of law applies. Such an application must be filed within two years of the discovery, the end of the disability or disease, or the effective date of the retroactive application.
Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed North Dakota attorney.
Sources for this section (2)
- N.D.R.App.P. 4 — Appeal—when taken
- N.D.C.C. § 29-32.1-01 — Remedy - To whom available - Conditions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.