TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Order 16, N.D. Sup. Ct. Admin. R., Electronic Filing Pilot Project for the District Courts
Finance Director Susan Sisk has suggested that Admin. Order 16 be amended to allow initial pleadings to be filed in electronic form. Ms. Sisk indicates that the clerks of court, who may now accept credit card payments for filing fees, are ready to accept electronically filed initial pleadings.
Electronic filing of initial pleadings was barred when Admin. Order 16 was drafted because the order links electronic filing with electronic service and electronic service would not be acceptable for an initial pleading. Given that filing remains an administrative act, rather than the act that commences an action, it may be appropriate to allow electronic filing of initial pleadings as long these pleadings are served as required by N.D.R.Civ.P. 4.
Proposed amendments to Admin. Order 16 are attached. Under the proposal, electronic filing of initial pleadings is allowed if these pleadings have been served under Rule 4.