RULE 3.5. ELECTRONIC FILING IN DISTRICT COURTS
1 (a) Electronic filing.
2 (1) Documents filed electronically in the district courts must be submitted
3 through the Odyssey® electronic filing system.
4 (2) All documents filed after the initiating pleadings in criminal and
5 juvenile cases must be filed electronically
documents filed by self-
represented litigants and prisoners. After June 1, 2013,
initiating pleadings All
7 documents in civil, non-juvenile, cases must be filed electronically
juvenile, cases. A party who files a complaint in a civil case
9 serve notice of filing on the other parties or their attorneys.
10 (3) Self-represented litigants and prisoners are exempt from the electronic
11 filing requirement and may file paper documents in person, by mail, or by third
12 party commercial carrier. Self represented litigants and prisoners who wish to file
13 documents by electronic means must use the Odyssey® system.
14 (4) On a showing of exceptional circumstances in a particular case, anyone
15 may be granted leave of court to file paper documents. Original wills, codicils and
16 other documents of independent legal significance may be filed as paper
17 documents. Colored or shaded documents may be filed as paper documents if
18 necessary to ensure legibility.
(4) (5) A document filed electronically has the same
legal effect as a paper
(5) (6) Any signature on a document filed
electronically is considered that
22 of the officer of the court or party it purports to be for all purposes. If it is
23 established that the documents were transmitted without authority, the court must
24 strike the filing.
25 (7) A party who electronically files a proposed order must put the filing
26 party's name in the Odyssey® comments field.
27 (b) Filing formats.
28 (1) Approved formats for documents filed electronically are WordPerfect
29 (.wpd), Word (.doc or.docx), Tagged Image File (.tif), Portable Document File
30 (.pdf) and ASCII (.txt).
31 (2) All paragraphs must be numbered in documents filed electronically.
32 Reference to material in such documents must be to paragraph number, not page
33 number. Paragraph numbering is not required in exhibits, documents prepared
34 before the action was commenced, or in documents not prepared by the parties or
36 (c) Time of filing.
37 (1) A document in compliance with the rules and submitted electronically to
38 the district court clerk by 11:59 p.m. local time is considered filed on the date
39 submitted. A document electronically signed by the court is considered filed when
40 the e-signature is affixed.
41 (2) After reviewing an electronically filed document, the district court clerk
42 must inform the filer, through an e-mail generated by the Odyssey® system,
43 whether the document has been accepted or rejected.
44 (3) If a document submitted for electronic filing is rejected, the time for
45 filing is tolled from the time of submission to the time the e-mail generated by the
46 Odyssey® system notifying the filer of rejection is sent. The document will be
47 considered timely filed if resubmitted within three days after the notice of
48 rejection. A party seeking to take advantage of this tolling provision must file and
49 serve a separate document providing notice that the rejected document is being
50 resubmitted under N.D.R.Ct. 3.5(c)(3).
51 (4) Any required filing fee must be paid by credit card or debit card at the
52 time the document is filed.
53 (d) Confidentiality. In documents prepared for filing with the court,
54 information that would otherwise be included in the document but required by
55 N.D.R.Ct. 3.4 to be redacted in court documents must be separately filed in a
56 reference sheet (confidential information form, see appendix) and may be included
57 in those documents only by reference. Any document not complying with this
58 order is subject to N.D.R.Ct. 3.4(g).
59 (e) Electronic service.
60 (1) All documents filed electronically after the initiating pleadings must be
61 served electronically through the Odyssey® system except for documents served
62 on or by self-represented litigants and prisoners. On a showing of exceptional
63 circumstances in a particular case, anyone may be granted leave of court to serve
64 paper documents or to be exempt from receiving electronic service. Attorneys who
65 are required by rule or statute to serve documents on their own clients may serve
66 paper documents.
67 (2) Except as provided in N.D.R.Ct. 3.5(e)(4), electronic service of a
68 document is not effective if the party making service learns through any means that
69 the document did not reach the person to be served.
70 (3) All attorneys must provide at least one e-mail address to the State Board
71 of Law Examiners for accepting electronic service. Designated email service
72 addresses will be posted on the North Dakota Supreme Court website.
73 (4) For purposes of computation of time, any document electronically
74 served must be treated as if it were mailed on the date of transmission. If an
75 attorney who is not exempt from electronic service fails to provide an e-mail
76 address for service or fails to accept or open electronically served e-mail, the
77 server's attempt at electronic service constitutes delivery. Service made impossible
78 due to an attorney's failure to provide an e-mail address must be shown by an
79 affidavit or certificate of attempted service.
80 (f) Technical issues; Relief. On a showing of good cause, the court may
81 grant appropriate relief if electronic filing or electronic service was not completed
82 due to technical problems.
83 EXPLANATORY NOTE
84 Adopted effective January 15, 2013; amended effective April 15, 2013;
85 June 1, 2013;_________________________.
86 Rule 3.5 was originally adopted as N.D.Sup.Ct.Admin.O. 16 on March 1,
87 2006. Order 16 was later amended, effective March 1, 2008; March 1, 2009;
88 August 1, 2010; March 1, 2011; and July 1, 2012.
89 Order 16 was amended, effective July 1, 2012, to incorporate the provisions
90 of the Order 16 Addendum (Filing in the District Court where Odyssey®
91 Electronic Filing is Available) and N.D.Sup.Ct.Admin.O. 18 (Filing in Counties
92 Using the Odyssey® Case Management System). The Order 16 Addendum and
93 Order 18 were repealed, effective July 1, 2012.
94 In an appeal from an agency determination under N.D.C.C. § 28-32-42, the
95 notice of appeal must be served on all the entities listed in the statute, some of
96 whom may not be subject to electronic service through the Odyssey® system.
97 Subdivision (a) was amended, effective_______________, to clarify that
98 self-represented litigants and prisoners who wish to file documents electronically
99 must use the Odyssey® system and to require a party filing a proposed order to put
100 the party name in the Odyssey® comments field.
101 Subdivision (c) was amended, effective___________________, to clarify
102 that a document electronically signed by the court is considered filed when the e-
103 ignature is affixed.
104 Sources: Joint Procedure Committee Minutes of _____________________;
105 April 25-26, 2013, pages 3-16; January 31-February 1, 2013, pages 2-5, 15-18;
106 September 27, 2012, pages 14-21; April 29-30, 2010, page 21; April 24-25, 2008,
107 pages 12-16; October 11-12, 2007, pages 3-5; April 26-27, 2007, pages 16-18;
108 January 25, 2007, pages 15-16; Sept 23-24, 2004, pages 18-27.
109 Statutes Affected:
110 Considered: N.D.C.C. § 28-32-42.
111 Cross References: N.D.R.Ct. 3.4 (Privacy Protection for Filings Made with
112 the Court); N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction; Process; Service);
113 N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Documents); N.D.
114 Admission to Practice R. 1 (General Requirements for Admission).