Administrative Rule 12 - NORTH DAKOTA DOCKET CURRENCY STANDARDS FOR DISTRICT COURTS

Obsolete Date: 10/16/1996

Section 1. Statement of Policy.

a. A goal of the judicial system of North Dakota is the prompt disposition of cases.

b. The Supreme Court recognizes the need to provide administrative mechanisms within the unified judicial system to maintain current trial court dockets. These trial court docket currency standards and procedures are established to meet this administrative goal.

c. These standards will guide the management of the trial courts of North Dakota. However, these court management standards and procedures are not intended and may not form the basis to change or affect the substantive and procedural rights of the parties in any case. Further, a violation of these standards does not cause the dismissal of any case.

d. Adherence to these standards by trial judges will require lawyers to recognize consequent adjustments in local practice. Members of the bar should anticipate the prompt disposition of cases.

e. In order to assist judicial leaders in determining the need of particular parts of the unified judicial system, and to assist presiding judges and individual judges in their management of their caseload, trial docket currency standards have been established.

f. The basic accountability for docket currency rests with each individual judge. The formal unit of accountability for docket currency is the judicial district and the presiding judge. Because there are variations in case management techniques among the judicial districts, the assignment of accountability to the district permits flexibility in local management style while establishing uniform accountability among districts. Each judge is expected to participate actively within the judicial district.

g. The presiding judge has the authority pursuant to AR 2, relating to the duties of presiding judges, to assign cases and coordinate judicial services in order to maintain a current docket throughout the district. To this end, the presiding judges have been directed to take appropriate action to meet this goal. The Supreme Court, through the Chief Justice, has communicated to each presiding judge the Court's commitment to respond to any particular request for assistance in meeting the docket currency standards.

h. Each presiding judge should exercise the authority to assure a current docket within the judicial district. This authority includes assignment of cases among the judges of the judicial district (Sec. 7, AR 2), referral to the Advisory Board (Sec. 8, ND Local CtR), convening meetings of the judges within the judicial district (Sec. 6, AR 2), and supervision of all local administrative practice and procedure regulations by judges, clerks of court, and other officers and employees of the courts (Sec. 11, AR 2). The presiding judge may refer any matter to the Chief Justice for assistance.

i. These docket currency standards apply to civil and criminal cases filed in district court. They do not apply to formal or informal juvenile proceedings, trust cases, cases in municipal courts, probate cases, mental health proceedings, administrative traffic cases, criminal cases in which arrest warrants are outstanding, or criminal cases in which there is a deferred imposition of sentence under Section 12.1-32-02(4), NDCC.

Section 2. Civil Cases.

(See timetable guide.¹)

a. Subject to paragraph b, judgments in civil cases (except small claims cases) must be entered in each case within 24 months after the date of filing of the complaint, unless waived by the presiding judge or the Chief Justice, except that judgments in administrative agency review proceedings pursuant to the Administrative Agencies Practice Act (Chapter 28-32 NDCC) must be entered in each case within 180 days after the date of filing of the notice of appeal, unless waived by the presiding judge or the Chief Justice; and, orders establishing or enforcing child support must be entered within ninety days of the filing of the initiating documents, unless waived by the presiding judge or the Chief Justice.

b. Judgments in civil cases (except small claims cases) must be entered in each case within 90 days after the end of the trial, unless waived by the presiding judge or the Chief Justice.

c. A violation of these standards does not cause the dismissal of any case.

d. On or before the 15th day of each month, the State Court Administrator shall mail to the presiding judge of each judicial district a list of all pending civil cases in that judicial district setting forth the case title and the status of the case. The State Court Administrator shall mail to each district judge a list of all pending civil cases to which the judge has been assigned setting forth the case title and the status of the case.

e. On November 15 of each year, the State Court Administrator shall mail to the presiding district judge and district court judges of each judicial district, a consolidated list of civil cases in which judgments have not been entered and that have been filed and undecided for 24 months or longer or that are without entry of judgment 90 days after the date of the end of trial.

f. The presiding judges shall promptly confer with the judges of the judicial district to ascertain what has to be done to expedite and complete assigned cases.

g. On January 15 of each year, each district court judge shall make written annotations on the list prepared by the State Court Administrator of all civil cases in the judicial district, county by county, which have been on file and undecided for 24 or more months or that are undecided 90 days after the date of the end of the trial and provide a copy to the presiding judge of the judicial district. The annotation must describe the present status of each case and, if the case does not meet a standard, the date certain on which judgment will be entered.

h. On February 1 of each year, the presiding judge for good cause shown may waive the application of a standard to any case by written annotation on the list provided by each judge. The presiding judge shall mail to the State Court Administrator a copy of the annotated list with a summary list of all cases that do not conform to the standards and for which the standards have not been waived, on a form provided by the State Court Administrator.

i. The State Court Administrator shall confer with the presiding judges individually and collectively and may confer with the judge assigned to each case to ascertain what has been or will be done to expedite and complete assigned cases.

j. On or before March 15 of each year, the State Court Administrator shall prepare a consolidated list of the cases that did not comply with the standards on January 15, and for which a standard has not been waived and which have not reached disposition by March 1. The State Court Administrator shall distribute copies of the consolidated list to the presiding judges and the Chief Justice.

k. The Chief Justice shall take appropriate action in cooperation with the presiding judge to assure compliance with these standards. The Chief Justice for good cause shown by written annotation may waive the application of a standard to any case.

l. On or before May 1 of each year, the State Court Administrator shall send a consolidated list of cases that did not comply with the standards on January 15, for which standards have not been waived by the presiding judge or Chief Justice, and which have not reached disposition by April 15, to the Judicial Conduct Commission. Each case submitted to the Commission must be treated as a complaint against the judge assigned to the case pursuant to the Rules of the Judicial Conduct Commission.

-----

¹The Timetable Guide to Civil Case

Docket Currency Standards15th of each month State Court Administrator sends list of pending civil cases to the presiding judge and district court judges of the judicial district.

November 15 Consolidated list of standard noncompliance cases to presiding judge and district judge.

Nov. 15-Jan. 14 Presiding judge confers with judges of the judicial district.

January 15 Trial judge annotates consolidated list and returns to presiding judge.

February 1 Presiding judge annotates consolidated list and prepares summary and returns to State Court Administrator.

Feb. 2-March 14 State Court Administrator confers with presiding judges.

March 15 State Court Administrator sends a consolidated list of standard noncompliance cases on January 15 that have not reached disposition by March 1 to presiding judges and Chief Justice.

March 16-April Chief Justice takes appropriate action.

May 1 State Court Administrator sends list^* of standard noncompliance cases on January 15 that have not reached disposition by April 15 to the Judicial Conduct Commission.

In this process, the presiding judge or the Chief Justice for good cause shown by written annotation may waive the application of a standard to any case.

*This list of cases will indicate the judge to whom the case is assigned. All unassigned cases are assigned to the presiding judge for these purposes.

-----Section 2A. Disposition and Monitoring of Child Support Proceedings.

a. Each judicial district shall dispose of proceedings for the establishment or enforcement of child support orders within the following time standard:

1. 90% of all proceedings within 90 days of filing proof of service of initiating documents;

2. 98% of all proceedings within 180 days of filing proof of service of initiating documents; and

3. 100% of all proceedings within 365 days of filing proof of service of initiating documents.

b. The State Court Administrator shall establish a monitoring system to monitor disposition of such proceedings. The monitoring system shall have the ability to differentiate proceedings initiated by the State of North Dakota or in which rights to past, present, or future arrearages of child support payments have been assigned to the State of North Dakota. The State Court Administrator shall report the monitoring results on a quarterly basis to the Chief Justice and presiding judges, trial court administrators, and clerks of court shall provide to the State Court Administrator information requested in the manner prescribed by the State Court Administrator.

c. If in any quarter a judicial district does not meet the time standards of this rule for proceedings involving the establishment or enforcement of child support which have been initiated by, or in which rights to past, present, or future arrearages of child support payments have been assigned to, the State of North Dakota, the presiding judge of the judicial district, upon order of the Chief Justice, shall cause such proceedings to be assigned to a hearing officer. Notwithstanding that a judicial district does meet the time standards of this section, the presiding judge of the district, upon order of the Chief Justice, shall assign proceedings as set forth under this paragraph until further order of the Chief Justice.

For purposes of these assignments, a hearing officer is:

1. a master assigned pursuant to Rule 53, NDRCivP; or

2. a judicial referee.

Section 3. Criminal Cases.

(See timetable guide.²)

a. Judgment must be entered in all criminal actions within 120 days after the date of filing of the information, indictment, or complaint, unless waived by the presiding judge or the Chief Justice.

b. A violation of this standard does not cause the dismissal of any case.

c. On or before the 15th day of each month, the State Court Administrator shall mail to the presiding judge of each judicial district a list of all pending criminal actions in the judicial district, setting forth the case title, offense, and the status of each case. The State Court Administrator shall mail to each district judge a list of all pending criminal actions to which the judge has been assigned setting forth the case title, offense, and the status of the case.

d. On April 15 and November 15 of each year, the State Court Administrator shall mail to the presiding judge and judges of each judicial district a consolidated list of all criminal cases in the judicial district which have been pending for more than 120 days since the filing of the information, indictment, or complaint.

e. The presiding judge shall promptly confer with the other district judges of the judicial district to ascertain what has to be done to expedite and complete criminal cases that do not meet the standards.

f. On January 15 and June 15 of each year, each judge shall make an annotation on the list prepared by the State Court Administrator of all criminal actions, county by county, which have been pending undecided for more than 120 days since the filing of the information, indictment, or complaint and provide a copy to the presiding judge of the judicial district. The annotation must describe the present status of the case and if the case does not meet the standard, the date certain on which judgment will be entered.

g. On February 1 and July 1 of each year, the presiding judge for good cause shown may waive the application of a standard to any case by written annotation on the list provided by each judge. The judge shall mail a copy of the annotated list to the State Court Administrator with a summary list of all cases that do not conform to the standards, and for which the standard has not been waived, on a form provided by the State Court Administrator.

h. The State Court Administrator shall confer with the presiding judges individually and collectively and may confer with the judge assigned to each case to ascertain what has been or will be done to expedite and complete assigned cases.

i. On or before March 15 and August 15 of each year, the State Court Administrator shall prepare a consolidated list of the cases that did not comply with the standards on January 15 and June 15 respectively, and a consolidated list of the cases for which a standard has been waived, and which have not reached dispositions by March 1 and August 1 respectively.

j. The State Court Administrator shall distribute copies of the consolidated list to the presiding judges and the Chief Justice.

k. The Chief Justice shall take appropriate action in cooperation with the presiding judges to assure compliance with these standards. The Chief Justice for good cause shown may waive by written annotation the application of a standard to any case.

l. On or before May 1 and October 1 of each year, the State Court Administrator shall send a consolidated list of cases for which the standards have not been waived by the presiding judge or the Chief Justice, that did not comply with the standards on January 15 and June 15 respectively, and which have not reached disposition by April 15 and September 15 respectively to the Judicial Conduct Commission. Each case submitted to the Commission must be treated as a complaint against the judge assigned to the case under the Rules of the Judicial Conduct Commission.

m. For purposes of the docket currency standards in criminal cases, pending criminal actions do not include cases in which arrest warrants are outstanding or cases in which there is a deferred imposition of sentence pursuant to Section 12.1-32-02(4), NDCC.

The Timetable Guide to

Criminal Case Docket Currency Standards15th of each month State Court Administrator sends list of pending criminal cases to the presiding judge and district court judges of the judicial district.

November 15 Consolidated list of standard noncompliance cases to presiding judge and district judge.

Nov. 15-Jan. 14 Presiding judge confers with judges of the judicial district.

January 15 Trial judge annotates consolidated list and returns to presiding judge.

February 1 Presiding judge annotates consolidated list and prepares summary and returns to State Court Administrator.

Feb. 2-March 14 State Court Administrator confers with presiding judges.

March 15 State Court Administrator sends a consolidated list of standard noncompliance cases on January 15 which have not reached disposition by March 1 to presiding judges and Chief Justice.

March 16-April 30 Chief Justice takes appropriate action.

May 1 State Court Administrator sends list ^* of standard noncompliance cases on January 15 which have not reached disposition by April 15 to the Judicial Conduct Commission.

April 15 Consolidated list of standard noncompliance cases to presiding judge and district judge.

April 15-June 14 Presiding judge confers with judges of the judicial district.

June 15 Trial judge annotates consolidated list and returns to presiding judge.

July 1 Presiding judge annotates consolidated list and prepares summary and returns to State Court Administrator.

July 2-Aug. 14 State Court Administrator confers with presiding judges.

August 15 State Court Administrator sends a consolidated list of standard noncompliance cases on June 15 which have not reached disposition by August 1 to presiding judges and Chief Justice.

October 1 State Court Administrator sends list ^* of standard noncompliance cases on June 15 which have not reached disposition by September 15 to the Judicial Conduct Commission.

In this process, the presiding judge or the Chief Justice for good cause shown by written annotation may waive the application of a standard to any case.

*The list of cases will indicate the judge to whom the case is assigned. All unassigned cases are assigned to the presiding judge for these purposes.

-----Section 4. Small Claims Cases.

(See timetable guide.³)

a. Judgment must be entered in all small claims cases within 45 days after the date of the hearing set under Section 27-08.1-02, NDCC, unless waived by the presiding judge or the Chief Justice.

b. A violation of these standards does not cause the dismissal of any case.

c. On April 1 and November 1 of each year, each judge of the judicial district shall submit a certification to the presiding judge of the judicial district that all cases meet the applicable standards for the category of cases specified in subsection a, above, and a list of any cases that do not meet these standards. The list, if any, must set forth the case title and the status of each case. The certification must be submitted on a form provided by the State Court Administrator. The certification and list, if any, must be posted in a public place at the entrance of the district court serving the county.

d. The presiding judge shall promptly confer with the judges of the judicial district to ascertain what has to be done to expedite and complete any cases or categories of cases that do not meet the standards.

e. On January 15 and June 15 of each year, the presiding judge shall make annotations on any list prepared by each judge of the judicial district of all cases in the judicial district, county by county, which do not meet applicable standards. The presiding judge for good cause shown may waive by written annotation, the application of a standard to any case or category of cases.

In the annotations, the presiding judge shall state what action has been taken in each case or category of cases to bring it to final conclusion or the reason the case or category of cases is not ready for disposition and the date by which it will reach disposition. The presiding judge shall mail a copy of this annotated list to the State Court Administrator.

f. The State Court Administrator shall confer with the presiding judges individually and collectively and may confer with the judge assigned to each case to ascertain what has been or will be done to expedite and complete assigned cases.

g. On or before March 15 and August 15 of each year, the State Court Administrator shall prepare a consolidated list of the cases or categories of cases that did not comply with the standards on January 15 and June 15 respectively, and a consolidated list of the cases or categories of cases for which a standard has been waived and which have not reached disposition by March 1 and August 1 respectively.

h. The State Court Administrator shall distribute copies of the consolidated list to the presiding judges and the Chief Justice.

i. The Chief Justice shall take appropriate action in cooperation with the presiding judges to assure compliance with these standards. The Chief Justice for good cause shown may waive by written annotation the application of a standard to any case or categories of cases.

j. On or before May 1 and October 1 of each year, the State Court Administrator shall send a consolidated list of cases or categories of cases for which the standards have not been waived by the presiding judge or the Chief Justice, which did not comply with the standards on January 15 and June 15 respectively and which have not reached disposition by April 15 and September 15 respectively to the Judicial Conduct Commission. Each case or category of cases submitted to the Commission must be treated as a complaint against the judge assigned to the case pursuant to the Rules of the Judicial Conduct Commission.

-----The Timetable Guide to

Docket Currency Standards for Small Claims CasesNovember 15 Each judge prepares certification of compliance with the applicable standards and a list, if any, of any cases which do not meet that standard, and posts the certification and list.

Nov. 15-Jan. 14 Presiding judge confers with the judges of the judicial district.

January 15 Presiding judge annotates the list prepared by each judge and returns it to the State Court Administrator.

Jan. 16-March 14 State Court Administrator confers with presiding judges.

March 15 State Court Administrator sends a consolidated list of standard noncompliance cases on January 15 which have not reached disposition by March 1 to presiding judges and the Chief Justice.

March 16-April 30 Chief Justice takes appropriate action.

May 1 State Court Administrator sends list of standard noncompliance cases on January 15 which have not reached disposition by April 15 to the Judicial Conduct Commission.

April 1 Each judge prepares certification of compliance with the applicable standards and a list of any cases which do not meet that standard and posts the certification and list.

April 15-June 14 Presiding judge confers with the judges of the judicial district.

June 15 Presiding judge annotates the list prepared by each judge and returns it to the State Court Administrator.

June 16-Aug. 14 State Court Administrator confers with presiding judges.

August 15 State Court Administrator sends a consolidated list of standard noncompliance cases on June 15 that have not reached disposition by August 1 to presiding judges and the Chief Justice.

Aug. 16-Sept. 30 Chief Justice takes appropriate action.

October 1 State Court Administrator sends list of standard noncompliance cases on June 15 that have not reached disposition by September 15 to the Judicial Conduct Commission.

The effective date of this rule, as amended, is January 1, 1995.

Dated this 16th day of November, 1994.

Gerald W. VandeWalle, Chief Justice
Herbert L. Meschke, Justice
Beryl J. Levine, Justice
William A. Neumann, Justice
Dale V. Sandstrom, Justice

ATTEST:
Penny Miller, Clerk
North Dakota Supreme Court

SOURCE: AR 12-1980, effective July 1, 1980; AR 2-1978, AR 2-1981; Section 8, ND Local Ct R. AR 12 amended December 22, 1982, effective November 1, 1983, and July 1, 1983. AR 12 amended March 14, 1985, effective July 1, 1985; amended November 16, 1994, effective January 1, 1995.

-----

Small Claims Court

Certificate of Compliance______________ District______________ Judicial DistrictCertification of Compliance with Docket Currency

Standards for Small Claims CasesI, ______________, Judge of the District Court of this Judicial District, hereby certify that:

Judgment has been entered in all small claims cases within 45 days after the date of the hearing set under Section 27-08.1-02 NDCC in this court; except for the following cases:

Dated: ___________ _______________________

District Judge

cc:______________________Presiding Judge of the

Judicial District