RULE 2.2 FACSIMILE TRANSMISSION
(a) Filing. Papers required to be filed with the clerk of the trial court may be filed by facsimile transmission, if the clerk of court has a bond-paper facsimile receiving machine available in the courthouse. Filing is complete
at the time that when the facsimile transmission is received by the clerk. A document received by the clerk's office in whole or in part after normal business hours must be processed on the next court day and deemed received at the opening of business on that day. The filed facsimile is the original.
Within 5 days after the clerk of court has received the transmission, the party filing
the document by facsimile transmission shall forward the following to the clerk of the court:
(1) a $5 transmission fee; and
(2) the filing fee, if any.
Upon failure to comply with the requirements of this rule, the court in which the action is pending may make such orders as are just, including but not limited to, an order striking pleadings or parts thereof, staying further proceedings until compliance is complete, or dismissing the action, proceeding, or any part thereof.
(b) Issuance of Orders or Warrants. Facsimile transmissions may be used for the issuance of all orders and warrants and have the same effect as the original. The original order or warrant, along with any other documents, including affidavits, must be delivered promptly to the clerk of the trial court for the county where the request or application for the order or warrant was made.
Rule 2.2 was adopted effective January 1, 1995; amended effective _____________________. The rule is not intended to govern appeals to the Supreme Court of North Dakota. See Rule 25(a), N.D.R.App.P. and AR 31.
Rule 2.2 was amended, effective _______________________, to clarify the $5 facsimile fee is per transmission rather than per document.
SOURCES: Joint Procedure Committee Minutes of ______________________; January 26-27, 1995, pages 2-3; September 23-24, 1993, pages 17-19; April 29-30, 1993, pages 11-16; November 7-8, 1991, page 3; October 25-26, 1990, pages 9-10.
CROSS REFERENCES: N.D.R.App.P. 25(a) (Filing and Service); AR 31 (Facsimile Transmission).