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Administrative Order 19 - SCANNED DOCUMENTS; DOCUMENT RETURN

Effective Date: 8/11/2021

Section 1. Document Scanning; Clerk's Duties.

(a) In General. Documents that could have been e-filed but that are submitted instead on paper will be scanned and an electronic copy of the document will be made part of the case file.
(b) Disposition of Paper Documents. After verification of scan image quality, a paper document submitted for filing will be discarded after seven days, except that:
(1) the clerk will contact the judge assigned to the case to determine whether the judge wishes to retain lengthy paper documents, such as deposition transcripts;
(2) oversize documents that cannot be scanned effectively, such as maps and charts, will be retained on paper for 180 days after the case file is closed;
(3) trial exhibits will be scanned and made part of the case file when feasible and the physical exhibit will be retained for 180 days after the case file is closed;
(4) wills and codicils will be scanned and made part of the case file and the paper originals will be retained for 180 days after the case file is closed.

Section 2. Document Return; Party's Duty to Request.

(a) Wills. A decedent's personal representative seeking the return of an original paper will or codicil may submit a document return request form (N.D.Sup.Ct.Admin.O. 19 Addendum) no later than seven days after the time for appeal has expired or, if the matter is appealed, no later than seven days after issuance of the supreme court's mandate.
(b) Trial Exhibits. A party seeking the return of trial exhibit must submit a document return request form (N.D.Sup.Ct.Admin.O.19 Addendum) no later than seven days after the time for appeal has expired or, if the matter is appealed, no later than seven days after issuance of the supreme court's mandate.
(c) Other Documents. If a party seeks the return of a paper document, the party must submit a document return request form (N.D.Sup.Ct.Admin.O.19 Addendum) with the document when it is delivered for filing.

Section 3. Effective Date. This order is effective March 17, 2011, and remains in effect until further order of the supreme court.

Order 19 was adopted effective March 17, 2011; amended effective August 11, 2021.

A party may submit a request for the return of any document at the time it is filed. It is the party's responsibility to determine whether a document has independent legal significance and to request its return so that the document will not be discarded after it is scanned by the clerk.

Cross Reference: N.D.R.Ct. 6.4 (Exhibits); N.D.Sup.Ct.Admin.R. 19 (Court Records Management Program).

Effective Date Obsolete Date
08/11/2021 View
03/17/2011 08/11/2021 View