SERVICE SERVING AND FILING
OF PAPERS DOCUMENTS
Service: When required. Written motions A party
must serve on every other party any
written motion (other than those which are one to be heard ex
parte), written notices notice,
designations designation of the record on appeal,
and or similar papers shall be served upon
each of the parties document.
Service: How made. Whenever under Service
must be made in the manner provided in
N.D.R.Civ.P. 5(b). When these rules or by an a court
order of the court service is required
or permitted to be made upon requires or permits service on a party
represented by an
attorney, the service shall must be made
upon on the attorney unless service upon instead
the party personally is ordered by ,unless the court orders
otherwise. Service upon the
attorney or upon a party shall be made in the manner provided in N.D.R.Civ.P. 5(b).
(c) Notice of
Orders a Court Order. Immediately upon
entry of When the court issues an
order made on a written motion after on any post-arraignment
motion, the clerk shall provide
notice by mail, or send by third-party commercial carrier, or
otherwise serve on each other
manner provided in N.D.R.Civ.P. 5(b), to any party affected a notice of the entry
the service in the docket. Lack of Except as Rule 37 or
N.D.R.App.P. 4 provide otherwise,
the clerk's failure to give notice of the entry by the clerk does not affect the
time to appeal,
or relieve--or authorize the court to relieve--a party for
party's failure to appeal within the
allowed time allowed, except as permitted by N.D.R.Crim.P. 37(b) of these
Papers A party must file with the clerk of court a copy of
any document the party
is required to be served shall be filed with the clerk of court serve.
Papers shall A document
must be filed in the manner provided for in a civil
(e) Proof of Service.
Proof Unless excused by the court, a party must
file promptly with the
clerk proof of service of all papers documents the party is
required by law or these rules to
be served shall be filed in the clerk's office promptly and in any event before action is to
taken thereon by the court or the parties, unless excused by the court serve.
The proof shall
must be the same as in a civil actions action.
Rule 49 was amended, effective March 1, 1990; March 1, 1999; March 1, 2006.
Rule 49 is an adaptation of Fed.R.Crim.P. 49.
When Under Rule 45(c), when service is by mail or third-party
commercial carrier, three
days are added to any period of time within which a party is required to act. See
Rule 49 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (c) is substantially in the language of its
federal counterpart with minor
style changes differences in the first sentence to add flexibility in
serving notice and to make
it clear only a party affected by the order needs to be served with the notice. The
of Subdivision (c) of the Federal Rule is an adaptation for criminal proceedings of
Fed.R.Civ.P. 77(d). The second sentence of Subdivision
subdivision (c) provides lack of
notice of entry does not affect the time to appeal, except insofar as it may give rise to a claim
of "excusable neglect " under N.D.R.Crim.P.
Rule 37 (b) of these Rules and or N.D.R.App.P.
Subdivision (c) was amended, effective March 1, 1999, to allow the clerk to send notice by commercial carrier as an alternative to the Postal Service.
Subdivision (d) incorporates by reference the provisions of N.D.R.Civ.P. 5(d) and (e).
Subdivision (e) has no
Federal federal counterpart and was
adapted from the Alaska Rules
of Criminal Procedure and regulates the manner for proving service has been made.
SOURCES: Joint Procedure Committee Minutes of April 28-29, 2005, pages 9-10;
29-30, 1998, page 21; April 20, 1989, page 4; December 3, 1987, page 15; February 20-23,
1973, page 10; December 10-12, 1970, pages 17-19;
Alaska R.Crim.P., Rule
SUPERSEDED: N.D.C.C. § 29-28-10.
CROSS REFERENCE: N.D.R.Crim.P. 37 (Appeal as of Right to District Court; How Taken); N.D.R.Crim.P. 45 (Computing and Extending Time); N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Papers); N.D.R.App.P. 4 (Appeal--When Taken).