RULE 25. FILING AND SERVICE
(1) Filing with the Clerk. A
paper document required or
permitted to be filed in the
supreme court must be filed with the supreme court clerk.
(2) Filing: Method and Timeliness.
(A) In general. Filing may be accomplished by mail or delivery addressed to the clerk or
by electronic means as provided in these rules, but filing is not timely unless the clerk
papers documents within the time fixed for filing. If a
for filing is rejected, the time for filing is tolled from the time of submission to the time
the rejection notice is sent. A corrected document will be considered timely filed if
submitted and served within three days after the notice of rejection is sent.
(B) Brief, appendix, transcript or petition for rehearing. A brief, appendix, transcript, or
petition for rehearing is
deemed considered filed on the day of
electronic filing, or
mailing or deposit with a third-party commercial carrier.
(C) Electronic filing.
may be filed by electronic means to the extent
provided and under procedures established in the court's administrative
these rules. A
paper document filed by electronic means in compliance with
these court's administrative
rules constitutes a written paper document for the purpose of applying
(i) Documents, except an appendix, may be filed electronically with the supreme court clerk by facsimile only if e-mail submission is not possible.
(ii) The typed attorney or party name or facsimile signature on a document filed electronically has the same effect as an original manually affixed signature.
(iii) A document in compliance with these rules and submitted electronically to the supreme court clerk by 11:59 p.m. Bismarck, North Dakota, time is considered filed on the date submitted. Upon receiving an electronic document, the supreme court clerk will issue an e-mail confirmation that the document has been received.
(iv) A party filing a document electronically must pay any docket fee, fee to file electronically, or any surcharge for internal reproduction of the document by the supreme court.
a. No payment is required for motions, comments, and other documents less than 20 pages in length, including appendices or attachments. A party electronically filing a motion, comment, or other document must pay $0.50 per page for each page in excess of 20 pages. The charges under this subparagraph apply to any attachments, exhibits, or appendix that are electronically filed with a motion.
b. A party electronically filing any brief, whether in an appeal, request for supervision, or request for a writ, must pay $25. No payment is required for a reply brief or a petition for rehearing.
c. No payment is required for an appendix filed 100 pages or less in length. A party must pay $.50 per page for each appendix page in excess of 100 pages.
(vi) A party must pay all required fees and payments within seven days of submitting a document filed electronically. If fees and payments are not paid within seven days of submission, the document will be returned by the supreme court clerk and the party will be required to refile the document.
(3) Electronic Document Formats. All documents submitted to the court in electronic form must be in approved word processing format or portable document format (.pdf).
(A) Approved word processing formats for documents submitted in electronic form are WordPerfect, Word, and ASCII. Parties must obtain permission from the supreme court clerk in advance if they seek to submit documents in another word processing format.
(B) Hard page breaks must separate the cover, table of contents, table of cases, and body of approved word processing format briefs.
(C) An appendix may be filed electronically in portable document format (.pdf). Except for limited excerpts showing a court's reasoning, district court transcripts that have been filed electronically with the supreme court may not be included in an appendix filed electronically.
(3)(4) Filing Motion with Justice. If a motion requests
relief that may be granted by a
single justice, the justice may receive the motion for filing; the justice must note the filing
date on the motion and give it to the clerk.
(5) Filing with Supreme Court Clerk. Any document filed with the supreme court clerk by e-mail by the district court or counsel must be sent to the following e-mail address: email@example.com.
(b) Service of All
Papers Documents Required. Unless a rule
requires service by the
clerk, a party must, at or before the time of filing a paper document,
serve a copy on the
other parties to the appeal or review. Service on a party represented by counsel must be
made on the party's counsel.
(c) Manner of Service.
(1) Service may be any of the following:
(A) personal, including delivery to a clerk or a responsible person at the office of counsel;
(B) by mail;
(C) by third-party commercial carrier for delivery within three days; or
(D) by electronic means.
(2) When reasonable, considering such factors as the immediacy of the relief sought,
distance and cost, service on a party must be by a manner at least as expeditious as the
manner used to file the
paper document with the court. If a party files
a paper document
by electronic means, the party must serve the paper document by
electronic means unless
the recipient of service cannot accept electronic service.
(3) Service by mail is complete upon mailing. Service via a third-party commercial
carrier is complete upon deposit of the
paper document to be served
with the commercial
carrier. Service by electronic means is complete on transmission, unless the party making
service is notified that the paper document was not received by the
(4) Electronic Service.
(A) If a party files a document by electronic means, the party must serve the document by electronic means unless the recipient of service cannot accept documents served electronically.
(B) Attorneys appearing before or filing with the supreme court must provide an e-mail address to the court and must accept electronic service. Attorneys may designate a law firm e-mail address as their e-mail address for the purpose of accepting electronic service. If the recipient's e-mail address is published on the supreme court's website or known to a party, the document must be served by electronic means to that e-mail address.
(C) Documents served electronically may be served by facsimile only if e-mail service is not possible and only if prior permission to serve by facsimile is granted by the recipient.
(D) If a recipient cannot accept electronic service of a document, service under another
means specified by N.D.R.App.P. 25(c) is required.
(d) Proof of Service. A
paper document presented for filing must
acknowledgment of service by the person served or proof of service by the person who
made service. Proof of service may appear on or be affixed to the paper
The clerk may permit a paper document to be filed without
acknowledgment or proof of
service but must require acknowledgment or proof of service to be filed promptly.
Rule 25 was amended, effective January 1, 1988; on an emergency basis, September 5, 1990; on an emergency basis, November 16, 1994; March 1, 1996; March 1, 1999; March 1, 2003; March 1, 2008; March 1, 2011; __________.
This rule is derived from Fed.R.App.P. 25. Rule 25 was amended, effective March 1, 1999, to allow the use of a third-party commercial carrier as an alternative to the Postal Service. The phrase "commercial carrier" is not intended to encompass electronic delivery services.
Subdivision (a) provides
papers document are not considered
filed until they are received
by the supreme court clerk. Briefs, appendices, transcripts, and petitions for rehearing are
exceptions to this general rule.
Subparagraph (a)(2)(C), effective March 1, 2003, allows the court to accept
documents filed by electronic means. Parties seeking to file papers by
electronic means must
consult N.D. Sup. Ct. Admin. Order 14 for electronic filing instructions.
Subdivisions (a) and (c) were amended, effective ____________, to incorporate N.D. Sup. Ct. Admin. Order 14 and to conform the rule to electronic filing. N.D. Sup. Ct. Admin. Order 14 was repealed, effective _____________.
Subdivision (c) was amended, effective March 1, 2008, to provide for service by electronic
Parties seeking to serve papers by electronic means must consult N.D. Sup. Ct.
Admin. Order 14 for electronic service instructions.
Subparagraph (c)(1)(C) was amended, effective March 1, 2011, to change the reference from "calendar days" to "days."
Subdivision (d) allows proof of service by admission of service, affidavit of service, or certificate of an attorney.
Rule 25 was amended, effective March 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 25. 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.
SOURCES: Joint Procedure Committee Minutes of ______________________; April 29-30, 2010, page 20; January 25, 2007, page 17; April 25-26, 2002, pages 3-5; April 26-27, 2001, page 10; April 30-May 1, 1998, page 3; January 29-30, 1998, page 21; January 26-27, 1995, pages 6-7; September 29-30, 1994, page 12; February 19-20, 1987, pages 6-7; September 18-19, 1986, pages 14-15; May 25-26, 1978, page 10; March 16-17, 1978, pages 3-4. Fed.R.App.P. 25.
SUPERSEDED: N.D.C.C. § 28-27-05.
CROSS REFERENCE: N.D.R.App.P. 10 (The Record on Appeal); N.D.R.App.P. 26(c)
(Computing and Extending Time)
; N.D. Sup. Ct. Admin. Order 14 (Electronic Filing
Appendices and Other