(a) Legibility and Numbering. All pleadings and other documents must be typewritten,
printed, or reproduced and easily readable. Each sheet must be separately numbered.
Pleadings and other documents filed with the court, except as otherwise permitted by the
court, must be prepared on 81/2 x 11 inch white paper.
(b) Signature. All pleadings and other documents of a party represented by an attorney
must be signed by at least one attorney of record in the attorney’s individual name and
contain the attorney’s address, telephone number, e-mail address for electronic service, and
State Board of Law Examiners identification number. All pleadings and other documents of
a party who is not represented by an attorney must be signed by the party and contain the
party’s address and telephone number.
(c) Spacing and Names. Writing must appear on one side of the sheet only and must
be double-spaced, except for quoted material. Names must be typed or printed beneath all
(d) Binding. All pleadings or other documents in an action or proceeding must be filed
by the clerk flat and unfolded and each set of papers firmly fastened together.
(e) Filing of Documents. A party seeking to file a pleading or other document must
submit it to the clerk. The first submitted version of a pleading or document will be treated
as the original unless otherwise ordered by the court. A party need only file the original
demand for change of judgea single copy of any pleading or document.
(f) Lost Papers. If any original document is lost or withheld by any person, the court
may authorize a copy to be filed.
(g) File Numbers. The clerk, at the time of the filing of a case and at the time of the
filing of any responsive pleading, must assign a file number to the case and immediately
notify the attorney of record of the assigned file number. Thereafter, all documents and
pleadings to be filed must bear the assigned file number on the front or title page in the upper
right hand portion of the document to be filed.
(h) Proof of Service Required. Proof of service must accompany pleadings and
documents submitted to the clerk for filing, unless a rule or statute requires a document to
be filed before it is served.Filing After Service. After the complaint is filed, all documents
required to be served on a party, together with certificate of service, must be filed with the
court within a reasonable time after service. Discovery documents may only be filed as
allowed by N.D.R.Civ.P. 5(d)(3).
(i) Privacy Protection. Parties must follow privacy protection instructions in N.D.R.Ct.
3.4 when making filings with the court. Court personnel have no duty to review documents
for compliance with N.D.R.Ct. 3.4.
(j) Non-Conforming Documents.
(1) Documents and pleadings that do not conform to this rule may not be filed.
(2) If a non-conforming document is filed by mistake, the court on motion or on its
own may order the pleading or other document reformed. If the order is not obeyed, the court
may order the document stricken and its service to be of no effect.
Rule 3.1 was amended, effective January 1, 1988; March 1, 1996; March 1, 1999;
August 1, 2001; March 1, 2005; March 1, 2007; March 1, 2009; May 1, 2012; March 1,
2013; April 15, 2013; _____________________.
Rule 3.1 was reorganized, effective May 1, 2012, to make it clear that all documents
presented for filing must conform to all applicable requirements of the rule.
A new subdivision (b) was added, effective March 1, 1996, which contains signature
requirements. The letter designation of each existing subdivision was amended accordingly.
Subdivision (b) was amended, effective April 15, 2013, to require the e-mail address
for electronic service under Rule 3.5 to be provided in filed documents.
A new subdivision (e) was added, effective March 1, 2005, to clarify that documents
must be filed with the clerk. Submitting a document to a judge or to court personnel other
than the clerk does not constitute filing. The first version of a given document submitted to
the clerk, regardless of what form it is in, will be filed and treated as the original. A party
seeking to correct the original or have another document treated as the original must obtain
an order from the court.
Subdivision (e) was amended, effective May 1, 2012, to specify that a party making
a demand for change of judge may file only one original____________, to clarify that only
a single copy of any pleading or document need be filed with the court. This provision
supersedes the requirement in N.D.C.C. § 29-15-21 that a demand for change of judge be
filed in triplicate and the requirements in N.D.C.C. §§ 14-12.2-36 and 14-14.1-25 for the
filing of two copies of an order.This provision should be interpreted as superseding any
statutory requirement that multiple copies of a document be filed with the court.
Subdivision (h) was amended, effective March 1, 2013, to clarify that, unless a rule
or statute requires a document to be filed before it is served, proof of service must
accompany any document submitted for filing.
Subdivision (h) was amended, effective _______________, to require, once the
complaint has been filed, filing of all documents that must be served, along with a certificate
of service, within a reasonable time after service. This provision is modeled after Minn. R.
Civ. P. 5.04.
Subdivision (i) was amended, effective March 1, 2007, to specify that court personnel
have no duty to review documents for compliance with privacy protection rules.
Subdivision (i) was amended, effective March 1, 2009, to reflect the transfer of
document privacy protection requirements to N.D.R.Ct. 3.4.
Sources: Joint Procedure Committee Minutes of ____________________; April 25-26, 2013, pages 13-15; September 27, 2012, page 14; January 26-27, pages 16-17; January
24, 2008, pages 9-12; October 11-12, 2007, pages 28-30; April 26-27, 2007, page 31;
September 22-23, 2005, pages 16-17; September 23-24, 2004, pages 3-5; April 29-30, 2004,
pages 6-13, 17-25; January 29-30, 2004, pages 3-8; September 16-17, 2003, pages 2-11;
April 24-25, 2003, pages 6-12; January 29-30, 1998, page 22; September 29-30, 1994, pages
Superseded: N.D.C.C. §§ 14-12.2-36 (in part), 14-14.1-25 (in part), and 29-15-21 (in
Cross Reference: N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Papers);
N.D.R.Civ.P. 11 (Signing of Pleadings, Motions and Other Papers; Representations to Court;
Sanctions); N.D.R.Ct. 3.4 (Privacy Protection for Filings Made with the Court); N.D.R.Ct.
3.5 (Electronic Filing in the District Courts); N.D.Sup.Ct.Admin.R. 41 (Access to Judicial