RULE 25. FILING AND SERVICE
(a) Filing. Papers required or permitted to be filed in the supreme court must be filed with the clerk. Filing may be accomplished by mail or delivery addressed to the clerk, but filing is not timely unless the papers are received by the clerk within the time fixed for filing. However, briefs, appendices, transcripts, and petitions for rehearing are deemed filed on the day of mailing or deposit with a third-party commercial carrier. Papers may not be filed with the clerk of the supreme court by means of facsimile transmission. If a motion requests relief that may be granted by a single justice, the justice may receive the motion for filing. If this occurs, the justice shall note
thereonon the motion the date of filing and thereaftertransmit it to the clerk.
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(c) Manner of Service. Service may be personal,
orby mail, or via a third-party commercial carrier. Personal service includes delivery of the copy to a clerk or other responsible person at the office of counsel. Service by mail is complete onupon mailing. Service via a third-party commercial carrier is complete upon deposit of the paper to be served with the commercial carrier.
(d) Proof of Service. Papers 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 papers filed. The clerk may permit papers to be filed without acknowledgment or proof of service but shall require acknowledgment or proof of service to be filed promptly thereafter.
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.
Rule 25 was amended, effective January 1, 1988; March 1, 1996.This rule is derived from Rule 25, FRAppP. 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
that generallypapers are not deemed filed until they are received by the Clerk of the Supreme Court. Briefs, appendices, transcripts, and petitions for rehearing are exceptions to this general rule.
Subdivision (d) allows proof of service by admission of service, affidavit of service, or certificate of an attorney.
SOURCES: Procedure Committee Minutes of 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. Rule 25, FRAppP.
SUPERSEDED: § 28-27-05, NDCC.
CROSS REFERENCE: Rule 10(c), NDRAppP. (The Record on Appeal).