N.D. Sup. Ct. Admin. Order
ORDER 16. ELECTRONIC FILING
PILOT PROJECT FOR IN THE DISTRICT
COURTS
A. Electronic Filing.
1. A party may electronically file documents Documents may be filed
electronically in the
district courts.
2. A document filed electronically has the same legal effect as a paper document.
3. The typed attorney, party, notary public or other name or facsimile
signature on a
document filed electronically has the same effect as an original manually affixed signature.
B. Filing Formats. Documents filed electronically may must be
submitted by facsimile
transmission or e-mail to the district court clerk unless otherwise ordered by the
court. A
directory of district court fax numbers and e-mail addresses for electronic filing is
available
online at www.ndcourts.gov. E-mailed documents must be in portable document format
(.pdf) or approved word processing format.
1. Approved word processing formats for documents filed electronically are WordPerfect, Word, and ASCII. Parties must obtain permission from the district court clerk in advance if they seek to submit documents in another word processing format.
2. All paragraphs must be numbered in documents filed electronically. Reference to material in such documents must be to paragraph number, not page number.
C. Time of Filing.
1. A document in compliance with the rules and submitted electronically to the district
court clerk by 5:00 11:59 p.m. local time will be considered filed on
the date submitted. A
document filed after 5:00 p.m. will be considered filed on the next business day.
2. Upon receiving a document filed electronically by e-mail, the
district court clerk will
issue an e-mail confirmation that the document has been received.
3. A party filing a document electronically must pay any required filing
fee.
4. A party filing electronically must pay a surcharge for internal reproduction of
the
document by the district court. No surcharge payment is required for documents less than
20 total pages in length. A party electronically filing a document must pay $.10 per page for
each page in excess of 20 pages.
5. A party must pay all required fees within five days of
submitting a document filed
electronically. If fees are not paid within five days of submission, the document will be
returned by the district court clerk and the party will be required to refile the document.
D. Electronic Service.
1. If a party files a document by electronic means, the party must serve the document by electronic means if the recipient consents to accept documents served electronically. Service by electronic means is not effective if the party making service learns that the attempted service did not reach the person to be served.
2. A party may designate a fax number or an e-mail address as their
e-mail address for the
purpose of accepting electronic service.
3. If a recipient does not consent to accept electronic service of a document, service by another means specified in the rules is required.
4. For purposes of computation of time, any document electronically served must be treated as if it were mailed on the date of transmission.
E. Effective Date. This Order is effective March 1, 2006, and remains in effect until further order of the Court. This Order was revised, effective March 1, 2008; ____________.