RULE 3.1. PLEADINGS
(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 signatures.
(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
for change of judge a 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
submitted to the clerk for filing, unless a rule or statute requires a document to be filed
before it is served. After the complaint is filed, all documents required to be served
party, together with a separate certificate of service document, must be filed with the court
within a reasonable time after service. If a certificate of service is filed on a date later than
the document to which it refers was filed, the certificate of service must identify the docket
item number and the filing date of the previously filed document. Civil 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; March 1, 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
demand for change of judge may file only one originalMarch 1, 2013, to clarify that
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
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 March 1, 2014, to require, once the complaint has been filed, filing of all documents that must be served, along with a certificate of service document, within a reasonable time after service. This provision is modeled after Minn. R. Civ. P. 5.04. When multiple documents are filed simultaneously, a single document may be submitted to certify service of the multiple documents. While served civil discovery documents may not generally be filed, some criminal and juvenile discovery documents, such as requests for discovery from the state, are required to be filed.
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 September 26, 2013,pages____; 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 6-7.
Superseded: N.D.C.C. §§ 14-12.2-36 (in part), 14-14.1-25 (in part), and 29-15-21 (in part).
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);
3.5 (Electronic Filing in the District Courts); N.D.R.Ct. Appendix G, Form A (Certificate
of Electronic Service); N.D.Sup.Ct.Admin.R. 41 (Access to Judicial Records).