TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 9, 2015
RE: Rule 3.5, N.D.R.Ct., Electronic Filing in District Courts
At the January meeting, the committee approved proposed amendments to Rule 3.5 relating to filing by self-represented litigants, service in agency appeals and noting the submitting party for proposed orders.
Judges are now able to use the Odyssey system to electronically sign proposed orders submitted by parties, making them final orders. This capability is gradually being rolled out through the state. In connection with this, Judge Frank Racek, chair of the Court Technology Committee, has proposed that Rule 3.5 be amended toclarify that a document electronically signed by the court is considered filed when the e-signature is affixed.
The proposed amendment has been added to the attached Rule 3.5 draft, which also contains the committee's previous amendments. The new proposal and accompanying explanatory note are highlighted.
Proposed amendments to the explanatory note of repealed Rule 2.2 are also attached to clarify that facsimile filing is no longer accepted in the district courts. These amendments supplement the committee's January amendments to Rule 3.5 on filing by self-represented litigants.