RULE 25. FILING AND SERVICE
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 on the motion the date of filing and transmit it to the clerk.
(1) Filing with the Clerk. A paper required or permitted to be filed in the supreme court must be filed with the supreme court clerk.
(2) Filing: Method and Timeliness.
(A) In general. Filing may be accomplished by mail or delivery addressed to the clerk, but filing is not timely unless the clerk receives the papers within the time fixed for filing.
(B) Brief, appendix, transcript or petition for rehearing. A brief, appendix, transcript, or petition for rehearing is deemed filed on the day of mailing or deposit with a third-party commercial carrier.
(C) Electronic filing. Papers may be filed by electronic means to the extent provided and under procedures established in the court's administrative rules. A paper filed by electronic means in compliance with the court's administrative rules constitutes a written paper for the purpose of applying these rules.
(3) Filing Motion with Justice. If a motion requests relief that may be granted by a single justice, the justice may receive the motion for filing; the justice must note the filing date on the motion and give it to the clerk.
(b) Service of All Papers Required.
Copies of all papers filed by any party and not required by these rules to be served by the clerk, at or before the time of filing, must be served by a party or person acting for that party on all other parties to the appeal or review. Service on a party represented by counsel must be made on counsel. Unless a rule requires service by the clerk, a party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party's counsel.
(c) Manner of Service. Service may be personal, by 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 upon 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 A paper 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 paper filed. The clerk may permit papers a paper to be filed without acknowledgment or proof of service but shall must 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; March 1, 2003.
This rule is derived from Fed.R.App.P. 25. 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 papers are not deemed filed until they are received by the
Clerk of the Supreme Court supreme court clerk. Briefs, appendices, transcripts, and petitions for rehearing are exceptions to this general rule.
Subparagraph (a)(2)(C), effective March 1, 2003, allows the court to accept papers filed by electronic means. Parties seeking to file papers by electronic means must consult the court's administrative rules for electronic filing instructions.
Subdivision (d) allows proof of service by admission of service, affidavit of service, or certificate of an attorney.
Rule 25 was amended, effective March 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 25. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of April 25-26, 2002, pages 3-5; April 26-27, 2001, page 10; 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. Fed.R.App.P. 25.
SUPERSEDED: N.D.C.C. § 28-27-05.
CROSS REFERENCE: N.D.R.App.P. 10
(c) (The Record on Appeal).