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 or 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 of 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 and note 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 Rules and N.D.R.App.P. 4(b).
Papers A party must file with the 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 actions action.
(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 be 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; _____________.
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 N.D.R.Crim.P. 45(e).
Rule 49 was amended, effective ______________, 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 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 language 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. 4 (b).
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 _______________ pages _____; January 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 44; Fed.R.Crim.P. 49.
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 (Time); N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Papers); N.D.R.App.P. 4 (Appeal--When Taken).