TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Order 16, N.D. Sup. Ct. Admin. R., Electronic Filing Pilot Project for the District Courts
The Committee considered and approved Order 16 at its September 2004 meeting, and Order 16 is currently before the Supreme Court as part of the Annual/Criminal Rules Package.
Several members expressed concern about the electronic service provision of the order at the September 2004 meeting, and the topic came up again at the April 2005 meeting. Therefore, staff has brought the order back for the Committee to review prior to the Court's hearing on the Committee's petition.
A copy of Order 16 is attached, with proposed new language at lines 38-40 requiring prior consent from the party on whom electronic service is attempted. The proposed language is based on new language in Fed.R.Civ.P. 5, which allows service by any means consented to by the recipient, including electronic.
The Advisory Committee Notes to Fed.R.Civ.P. 5 indicate that the consent requirement is necessary "because it is not yet possible to assume universal entry into the world of electronic communication."