TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 12, 2017
RE: Rule 3.5, N.D.R.Ct., Electronic Filing in District Courts
The Court Technology Committee proposes that Rule 3.5(c)(3) be amended to reference a proposed new appendix that lists electronic filing requirements. The appendix was derived from the internal list of document rejection reasons that the clerks and court administration have been relying on since the Odyssey system came on line. The intent behind putting these reasons in an appendix is to allow parties and attorneys to have access to them so they can better understand the electronic filing requirements.
In addition, staff has drafted a proposed amendment to Rule 3.5(e)(4) consistent with the previously considered amendments to N.D.R.Civ.P. 6, N.D.R.Crim.P. 45, and N.D.R.App.P. 26 related to the "three-day rule." It would delete the word "mailed" and replace it with the word "delivered."
The Court Technology Committee proposes that the following language be added as a new paragraph (e)(5): "Orders, judgments, and notices issued by the court are considered served on all counsel of record when filed. Counsel are required to use the Attorney Subscription Management System for notice of filing of items listed in N.D.R.Ct. Appendix J." The Court Technology Committee intends to finalize the referenced appendix at its April 21 meeting.
The Attorney Subscription Management feature was developed by the IT department and has been in use for more than two years. The program automatically sends an email notice once an hour to an attorney who has registered for the service when select documents have been filed in a case in which the person is the attorney of record. The program is customizable to the attorney's preferences on types of documents and email addresses to send the notice. There are currently 570 attorneys registered with the program.
Even though this feature has been available for some time, clerks continue to mail or email notices to counsel (or in the alternative provide to local attorneys a daily report of all orders, notices and judgments filed within the state the previous day) because they have no way to know whether a particular attorney has registered for the service. The intent of the proposed amendment is to allow clerks to discontinue the practice of mailing, emailing, or providing by general report individual Orders, Judgments, and Notices.
In conjunction with its consideration of this proposal, Justice Crothers, the Court Technology Committee chair, requests that the committee discuss whether, if mandatory notice subscriptions are required for certain events, the clerk's service and attorney's or litigant's subscription can take the place of notice of entry of orders and judgment for purposes of starting the time running for filing a notice of appeal or when post-trial motions are due in civil and criminal cases. Additional rule amendments would be required if this were the case.