ORDER 28. EMERGENCY PROCEDURE IN INTERIM ORDER PROCEEDINGS

Obsolete Date: 7/1/2021

(a) In N.D.Sup.Ct.Admin.O. 25, the Justices of the North Dakota Supreme Court declared a state of emergency statewide for the Judicial Branch due to the COVID-19 pandemic.

(b) Additional federal and state government entities have declared public health emergencies due to the COVID-19 pandemic and recommended limiting contact between individuals. This has resulted in the closure of public facilities, including courthouses.

(c) Because public access to court facilities has been limited, it is hereby ORDERED that in interim orders proceedings under N.D.R.Ct. 8.2:

(1) Emergency and merits hearings may be conducted using reliable electronic means under N.D.Sup.Ct.Admin.R. 52;

(2) Evidence may be submitted by unsworn declaration in substantially the form set out at N.D.C.C. § 31-15-05;

(3) The court may allow evidence either in support of or in opposition to an interim order, including cross-examination of a declarant, to be presented using reliable electronic means under N.D.Sup.Ct.Admin.R. 52.

(4) A record of all proceedings must be made as required by N.D.Sup.Ct.Admin.R. 39.

(5) This order is adopted on an emergency basis, effective immediately.

The Supreme Court of the State of North Dakota convened this 25th day of March, 2020, with the Honorable Jon J. Jensen, Chief Justice, and the Honorable Gerald W. VandeWalle,  the Honorable Daniel J. Crothers, the Honorable Lisa Fair McEvers, and the Honorable Jerod E. Tufte, Justices, directing the Clerk of the Supreme Court to enter the above

Petra H. Mandigo Hulm
Clerk
North Dakota Supreme Court