Obsolete Date: 3/1/2005
(a) Legibility and Numbering. All pleadings and other instruments must be typewritten, printed, or reproduced and easily readable. Each sheet must be separately numbered. Pleadings and other papers filed with the court, except as otherwise permitted by the court, must be prepared on 8 x 11 inch white paper.
(b) Signature. All pleadings and other instruments of a party represented by an attorney must be signed by at least one attorney of record in the attorney's individual name and contain the attorney's address, telephone number, and State Board of Law Examiners identification number. All pleadings and other instruments of a party who is not represented by an attorney must be signed by the party and contain the party's address and telephone number.
(c) Spacing and Names. Writing must appear on one side of the sheet only and must be double-spaced, except for quoted material. Names must be typed or printed beneath all signatures.
(d) Binding. All pleadings and other instruments in an action or proceeding must be filed by the clerk flat and unfolded and each set of papers firmly fastened together.
(e) Non-conforming Instruments--Sanctions. If a party fails to comply with this rule, the court on motion of a party or its own motion, may order the pleading or other instrument to be reformed. If the order is not obeyed, the court may order the instrument to be regarded as stricken and its service to be of no effect.
(f) Copy of Lost Papers. If any original paper is lost or withheld by any person, the court may authorize a copy thereof to be filed and used instead of the original.
(g) File Numbers. The clerk, at the time of the filing of a case and at the time of the filing of any responsive pleading, shall assign a file number to the case and immediately notify the attorney of record of the file number assigned to the proceedings. Thereafter, all instruments and pleadings to be filed must bear the assigned file number on the front or title page in the upper righthand portion of the instrument to be filed. Instruments and pleadings that do not conform to this rule will not be filed by the clerk until they are in compliance with this rule.
(h) Proof of Service Attached. Proof of service must be securely attached to the original papers when they are presented to the clerk for filing.
Rule 3.1 was amended, effective January 1, 1988; March 1, 1996; March 1, 1999; August 1, 2001; March 1, 2005; March 1, 2007; March 1, 2009; May 1, 2012; March 1, 2013; April 15, 2013; March 1, 2014; March 1, 2018; March 1, 2019.
Rule 3.1 was reorganized, effective May 1, 2012, to make it clear that all documents presented for filing must conform to all applicable requirements of the rule.
A new subdivision (b) was added, effective March 1, 1996, which contains signature requirements. The letter designation of each existing subdivision was amended accordingly.
Subdivision (b) was amended, effective April 15, 2013, to require the e-mail address for electronic service under Rule 3.5 to be provided in filed documents.
A new subdivision (c) was added, effective March 1, 2005, to clarify that documents must be filed with the clerk. Submitting a document to a judge or to court personnel other than the clerk does not constitute filing. The first version of a given document submitted to the clerk, regardless of what form it is in, will be filed and treated as the original. A party seeking to correct the original or have another document treated as the original must obtain an order from the court.
Subdivision (c) was amended, effective March 1, 2014, to clarify that only a single copy of any pleading or document need be filed with the court. This provision supersedes the requirement in N.D.C.C. § 29-15-21 that a demand for change of judge be filed in triplicate and the requirements in N.D.C.C. §§ 14-12.2-36 and 14-14.1-25 for the filing of two copies of an order. This provision should be interpreted as superseding any statutory requirement that multiple copies of a document be filed with the court.
Subdivision (f) was amended, effective March 1, 2014, to require, once the complaint has been filed, filing of all documents that must be served, along with a certificate of service, within a reasonable time after service. This provision is modeled after Minn. R. Civ. P. 5.04.
Subdivision (g) was amended, effective March 1, 2007, to specify that court personnel have no duty to review documents for compliance with privacy protection rules.
Subdivision (g) was amended, effective March 1, 2009, to reflect the addition of document privacy protection requirements to N.D.R.Ct. 3.4.
Subdivision (h) was amended, effective March 1, 2018 to provide that the time of filing is tolled pending resubmission of a stricken document.
Subdivision (i) was added, effective March 1, 2019, to consolidate the rule's requirements related to the preparation and filing of paper documents in a single place. The letter designations of the rule's subdivisions were amended accordingly.
SOURCES: Joint Procedure Committee Minutes of April 27, 2018, pages 11-12; September 29-30, 2016, page 29; September 26, 2013, pages 7-11; April 25-26, 2013, pages 13-15; September 27, 2012, page 14; January 26-27, 2012, pages 16-17; January 24, 2008, pages 9-12; October 11-12, 2007, pages 28-30; April 26-27, 2007, page 31; September 22-23, 2005, pages 16-17; September 23-24, 2004, pages 3-5; April 29-30, 2004, pages 6-13, 17-25; January 29-30, 2004, pages 3-8; September 16-17, 2003, pages 2-11; April 24-25, 2003, pages 6-12; January 29-30, 1998, page 22; September 29-30, 1994, pages 6-7.
Superseded: N.D.C.C. §§ 14-12.2-36 (in part), 14-14.1-25 (in part), and 29-15-21 (in part).
CROSS REFERENCE: N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Papers); N.D.R.Civ.P. 11 (Signing of Pleadings, Motions and Other Papers; Representations to Court; Sanctions); N.D.R.Ct. 3.4 (Privacy Protection for Filings Made with the Court); N.D.R.Ct. 3.5 (Electronic Filing in the District Courts); N.D.R.Ct. Appendix K (Electronic Filing Requirements); N.D.Sup.Ct.Admin.R. 41 (Access to Judicial Records).
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