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 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
facsimile transmission shall forward the filing fee, if any, to the clerk of the court.
Upon failure to comply with the requirements of this rule, the court in which the
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 party thereof.
(b) Issuance of Orders or Warrants.
Facsimile transmissions may be used for the issuance of all orders and warrants
the same effect as the original. Documents supporting an order or warrant, including
affidavits, must be delivered promptly to the clerk of 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 March 1, 2002;
1, 2003 repealed, effective March 1, 2009, to eliminate the separate rule for filing
facsimile transmission. Filing by facsimile transmission is a form of electronic filing and
is governed by the Supreme Court's rules and orders on the filing of electronic documents.
The rule is not intended to govern appeals to the Supreme Court of North Dakota.
N.D.R.App.P. 25(a) and N.D. Sup. Ct. Admin. R. 31.
Rule 2.2 was amended, effective March 1, 2002, to delete the facsimile
Subdivision (b) was amended, effective March 1, 2003, to delete the requirement
original order or warrant be delivered to the clerk of the court.
Sources: Joint Procedure Committee Minutes of April 24-25, 2008, pages 12-16; April 25-26, 2002, pages 15-16; September 28-29, 2000, pages 7-8; 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 Reference: N.D.R.App.P. 25(a) (Filing and Service);
N.D. Sup. Ct. Admin.
(Facsimile Transmission) N.D. Sup. Ct. Admin. Order 14 (Electronic Filing in the
Court); N.D. Sup. Ct. Admin. Order 16 (Electronic Filing in the District Courts).