Administrative Order 16 - ELECTRONIC FILING PILOT PROJECT FOR THE DISTRICT COURTS
Effective Date: 3/1/2009
Obsolete Date: 8/1/2010
A. Electronic Filing.
1. Documents may be filed electronically in the district courts.2. A document filed electronically has the same legal effect as a paper document.
3. The name or facsimile signature on a document filed electronically has the same effect as an original manually affixed signature.
B. Filing Formats. Documents filed electronically must be submitted by facsimile transmission or e-mail to the district court clerk unless otherwise ordered by the court. A directory of district court fax numbers and e-mail addresses for electronic filing is available online at www.ndcourts.gov. E-mailed documents must be in portable document format (.pdf) or approved word processing format.
1. Approved word processing formats for documents filed electronically are WordPerfect, Word, and ASCII. Parties must obtain permission from the district court clerk in advance if they seek to submit documents in another word processing format.2. All paragraphs must be numbered in documents filed electronically. Reference to material in such documents must be to paragraph number, not page number.
C. Time of Filing.
1. A document in compliance with the rules and submitted electronically to the district court clerk by 11:59 p.m. local time will be considered filed on the date submitted.2. Upon receiving a document filed by e-mail, the district court clerk will issue an e-mail confirmation that the document has been received.
3. A party filing a document electronically must pay any required filing fee within five days. If fees are not paid within five days of submission, the document will be returned by the district court clerk and the party will be required to refile the document.
D. Electronic Service.
1. If a party files a document by electronic means, the party must serve the document by electronic means if the recipient consents to accept documents served electronically. Service by electronic means is not effective if the party making service learns that the attempted service did not reach the person to be served.2. A party may designate a fax number or an e-mail address as their address for the purpose of accepting electronic service.
3. If a recipient does not consent to accept electronic service of a document, service by another means specified in the rules is required.
4. For purposes of computation of time, any document electronically served must be treated as if it were mailed on the date of transmission.
E. Effective Date. This Order is effective March 1, 2006, and remains in effect until further order of the Court. This Order was revised, effective March 1, 2008; March 1, 2009.
Adopted effective January 15, 2013; amended effective April 15, 2013; June 1, 2013; June 1, 2015; March 1, 2016; March 1, 2017; March 1, 2019; March 1, 2021; March 1, 2024.
Rule 3.5 was originally adopted as N.D.Sup.Ct.Admin.O. 16 on March 1, 2006. Order 16 was later amended, effective March 1, 2008; March 1, 2009; August 1, 2010; March 1, 2011; July 1, 2012; March 1, 2018.
Order 16 was amended, effective July 1, 2012, to incorporate the provisions of the Order 16 Addendum (Filing in the District Court where Odyssey Electronic Filing is Available) and N.D.Sup.Ct.Admin.O. 18 (Filing in Counties Using the Odyssey Case Management System). The Order 16 Addendum and Order 18 were repealed, effective July 1, 2012.
In an appeal from an agency determination under N.D.C.C. § 28-32-42, the notice of appeal must be served on all the entities listed in the statute, some of whom may not be subject to electronic service through the Odyssey system.
Subdivision (a) was amended, effective March 1, 2016, to clarify that self-represented litigants and prisoners who wish to file documents electronically must use the Odyssey system and to require a party filing a proposed order to identify the party in the Odyssey filing description field.
Paragraph (a)(6) was amended, effective March 1, 2024, to authorize any individual to use an electronic signature in a document filed under this rule.
Paragraph (b)(1) was amended, effective June 1, 2015, to remove Word documents from the list of approved formats for electronic filing in the Odyssey system. If a court requests that parties submit editable documents such as proposed findings or orders, Word or other editable format documents still may be e-mailed to the court for that purpose but only after e-filing the documents in Odyssey in an approved format.
Paragraph (b)(2) was amended, effective March 1, 2018, to specify that paragraphs must be numbered using arabic numerals.
Paragraph (b)(2) was amended, effective March 1, 2019, to except documents that consist of a single paragraph from the paragraph numbering requirement.
Paragraph (b)(3) was added, effective March 1, 2018, to add a reference to Appendix K, which contains document guidelines.
Subdivision (c) was amended, effective March 1, 2016, to clarify that a document electronically signed by the court is considered filed when the e-signature is affixed.
Subdivision (c) was amended, effective March 1, 2018, to require a notice of document rejection to state all provisions of Appendix K or other statute, rule or case relied upon for the rejection and to delete the requirement to file a notice of resubmission.
Paragraph (e)(4) was amended, effective March 1, 2018, to provide that documents served electronically are treated as delivered on the day of transmission.
Paragraph (e)(5) was added, effective March 1, 2018, to require counsel to use the Attorney Subscription Management System for notice of filing by the court.
Subdivision (g) was added, effective March 1, 2017, to explain that once a document is accepted into the Odyssey system, the document is a court record and no further proof that the document is a court record is needed when the record is distributed between courts or files using the Odyssey system.
Rule 3.5 was amended, effective March 1, 2021, to delete the term “affidavit” and replace it with “declaration.” This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.
SOURCES: Joint Procedure Committee Minutes of April 28, 2023, pages 16-17; April 24, 2020, pages 4-5; April 27, 2018, pages 13-14; September 28, 2017, pages 2-10; April 27, 2017, pages 14-19; January 26-27, 2017, page 30; May 12-13, 2016, pages 15-22; January 28-29, 2016, pages 8-11; April 23-24, 2015, pages 2-3; January 29-30, 2015, pages 13-14; April 25-26, 2013, pages 3-16; January 31-February 1, 2013,pages 2-5, 15-18; September 27, 2012, pages 14-21; April 29-30, 2010, page 21; April 24-25, 2008, pages 12-16; October 11-12, 2007, pages 3-5; April 26-27, 2007, pages 16-18; January 25, 2007, pages 15-16; September 23-24, 2004, pages 18-27.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. ch. 31-15, § 28-32-42.
CROSS REFERENCE: N.D.R.Ct. 3.1 (Pleadings); N.D.R.Ct. 3.4 (Privacy Protection for Filings Made with the Court); N.D.R.Ct. Appendix K (Electronic Filing Requirements); N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction; Process; Service); N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Documents); N.D. Admission to Practice R. 1(General Requirements for Admission).
| Effective Date | Obsolete Date | |
|---|---|---|
| 03/01/2024 | View | |
| 03/01/2021 | 03/01/2024 | View |
| 03/01/2019 | 03/01/2021 | View |
| 03/01/2018 | 03/01/2019 | View |
| 03/01/2017 | 03/01/2018 | View |
| 03/01/2016 | 03/01/2017 | View |
| 06/01/2015 | 03/01/2016 | View |
| 06/01/2013 | 06/01/2015 | View |
| 04/15/2013 | 06/01/2013 | View |
| 01/15/2013 | 04/15/2013 | View |
| 07/01/2012 | 01/15/2013 | View |
| 03/01/2011 | 07/01/2012 | View |
| 08/01/2010 | 03/01/2011 | View |
| 03/01/2009 | 08/01/2010 | View |
| 03/01/2008 | 03/01/2009 | View |
| 03/01/2006 | 03/01/2008 | View |