RULE 25. FILING AND SERVICE
(1) Filing with the Clerk. A paper 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 receives the papers within the time fixed for filing.
(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. Papers may be filed by electronic means to the
extent provided and
under procedures established in
the court's administrative these
rules. A paper filed by
electronic means in compliance with these court's administrative rules
constitutes a written
paper for the purpose of applying these rules.
(i) Papers, 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 paper filed electronically has the same effect as an original manually affixed signature.
(iii) A paper 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 paper, 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 papers less than 20 pages in length, including appendices or attachments. A party electronically filing a motion, comment, or other paper 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 paper filed electronically. If fees and payments are not paid within seven days of submission, the paper will be returned by the supreme court clerk and the party will be required to refile the document.
(3) Electronic Document Formats. All papers 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 papers 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 papers 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 paper 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 Required. Unless a rule requires service by the clerk, a party must, at or before the time of filing a paper, 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 with the court. If a party files a paper by electronic means, the party must serve the paper 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 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 was not received by the party served.
(4) Electronic Service.
(A) If a party files a paper by electronic means, the party must serve the paper by electronic means unless the recipient of service cannot accept papers 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 paper must be served by electronic means to that e-mail address.
(C) Papers 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 presented for filing must contain an 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 filed. The clerk may permit a paper 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 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 papers filed by
Parties seeking to file papers by electronic means must consult N.D.
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 Papers).