N.D. Sup. Ct. Admin. O.
Administrative Order 16 - ELECTRONIC FILING IN THE DISTRICT COURTS
1. DocumentsB. Filing Formats.
may befiled electronically in the district courts . Where the Odessey® electronic filing is available the Addendum to Administrative Order 16 controls.must be submitted through the Odyssey®; electronic filing system.
2. In any matter filed after April 1, 2013, all documents after the initiating pleadings must be filed electronically except for documents filed by self-represented litigants and prisoners. On a showing of good cause, an attorney may be granted leave of court to file paper documents. Initiating pleadings may be filed electronically in non-criminal cases.
23. A document filed electronically has the same legal effect as a paper document.
34. The name or facsimile signature on a document filed electronically has the same effect as an original manually affixed signature.Any signature on a document filed electronically is considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court must strike the filing.
C. Time of Filing.
1. Approved word processing formats for documents filed electronically are WordPerfect, Word, and ASCII. Parties must obtain permission from the district court clerk in advance if they seek to submit documents in another word processing format.
1. Approved formats for documents filed electronically are WordPerfect (.wpd), Word (.doc or.docx), Tagged Image File (.tif), Portable Document File (.pdf) and ASCII (.txt).
2. All paragraphs must be numbered in documents filed electronically. Reference to material in such documents must be to paragraph number, not page number.
1. A document in compliance with the rules and submitted electronically to the district court clerk by 11:59 p.m. local timeD. Confidentiality. In documents prepared for filing with the court, information that would otherwise be included in the document but required by N.D.R.Ct. 3.4 to be redacted in court documents must be separately filed in a reference sheet (confidential information form, see appendix) and may be included in those documents only by reference. Any document not complying with this order is subject to N.D.R.Ct. 3.4(g).
will beis considered filed on the date submitted.
Upon receiving a document filed by e-mail, the district court clerk will issue an e-mail confirmation that the document has been received.After reviewing an electronically filed document, the district court clerk must inform the filer, through an e-mail generated by the Odyssey®; system, whether the document has been accepted or rejected.
3. A party filing a document electronically must pay any required filing fee within seven days. If fees are not paid within seven days of submission, the document will be returned by the district court clerk and the party will be required to refile the document.
3. Any required filing fee must be paid by credit card or debit card at the time the document is filed.
1.F. Technical Issues; Relief. On a showing of good cause, the court may grant appropriate relief if electronic filing or electronic service was not competed due to technical problems.
If a party files a document by electronic means, the partyA party who files a document electronically must serve the document by electronic means if the recipient consents to accept documents served electronically. Service by electronic means is not effective if the party making service learns that the attempted service did not reach the person to be served.In any matter filed after April 1, 2013, all documents after the initiating pleadings must be served electronically through the Odyssey®; system except for documents served on or by self-represented litigants and prisoners. On a showing of good cause, an attorney may be granted leave of court to serve paper documents or to be exempt from receiving electronic service.
2. Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.
2.3. After April 1, 2013, Aany party maynot exempt from electronic filing must designate a fax number oran e-mail address as their its addressfor the purpose ofaccepting electronic service.
3. If a recipient does not consent to accept electronic service of a document, service by another means specified in the rules is required.
4. For purposes of computation of time, any document electronically served must be treated as if it were mailed on the date of transmission.