Filing With the Supreme Court

 

Amendments to the Rules of Appellate Procedure went effect March 1, 2019.  For any notice of appeal filed prior to March 1, documents will be filed as provided for in the pre-March 1 rules.  If you have questions, please consult those rules. 


For any notice of appeal filed March 1, 2019, or after, documents will be filed as provided for in the new rules.  The following information is based on the new rules.

All documents must be electronically filed, except if filed by a self-represented or inmate party.  All parties are encouraged to electronically file. 

There is no longer a $25 fee to electronically file a brief.  The only fees are $0.50/page for pages of an appendix exceeding 100 and $0.50/page for pages of a motion, including any attachments, exceeding 20 pages.  

Refer to Rule 25 and Rule 31 regarding filing.

Refer to N.D.R.Ct. 11.6 for required medium neutral citation forms.

 

Electronic Filing

  • Tips on e-filing in the Supreme Court can be found here.
  • It is strongly recommended documents be filed in PDF format. Documents may be submitted in PDF, WordPerfect, Word, or ASCII. 
  • Documents filed in PDF format should be directly converted to PDF from a word processing file using a typed or electronic signature. Do not print, sign, and then scan the document.  
  • Documents must be black and white. If color is necessary for a page of a document, only that page may contain, be converted, or be scanned in color. 
  • Documents should be filed as text-searchable. For example, “OCR” or “recognize text” in adobe make the document text-searchable.  A document may not, in any way, be locked or password protected. 
  • Documents may not contain embedded files (such as images) or scripts.

Documents can be submitted for electronic filing as an attachment to an email to supclerkofcourt@ndcourts.gov or submitted by mail on a CD, DVD, or flash drive. 

E-Filing Portal

Documents submitted for electronic filing by attorneys at the Supreme Court’s E-filing Portal.    

  • Use your Odyssey (Secure Public/Document Access) login and password. If you need assistance to login, please call the Helpdesk at 701-328-4218.
  • To upload and serve a document:
    1. Fill in the Supreme Court Docket number or district court docket number for filing a new notice of appeal.
    2. Add the email addresses to which you wish to serve with the email addresses separated by a semicolon.
    3. Select the document type you wish to file from the drop down. You can upload up to 5 documents at one time.
    4. Click “browse” to select your pdf from your computer.
    5. Click upload. If the upload is successful, you will receive a message and the upload will show in your upload history.
  • The upload file size limit is 75 MB. If the document exceeds 75 MB, first ensure it is in or has been converted or scanned in black and white.  If the document still exceeds 75 MB, please email the filing to supclerkofcourt@ndcourts.gov in parts if necessary – clearly indicating how to reassemble the document.
  • When filing a document with attachments, such as a motion, upload it as one document.  The service document can be attached to the document or uploaded separately.  Cover letters are unnecessary.
  • Electronic service can be accomplished through the portal or separately by e-mail. However service is accomplished, a service document should be filed with your document(s).
  • If you encounter problems with the e-filing portal, you can submit your document(s) as an attachment to an email sent to supclerkofcourt@ndcourts.gov.

Paper Filing

Documents filed in paper format with the North Dakota Supreme Court must be directed to the Clerk:

Penny L. Miller
Clerk of the Supreme Court
State Capitol
600 E. Boulevard Avenue
Bismarck, ND 58505-0530


 

Other Information

 

For other information on filing in the Supreme Court:


North Dakota Rules of Appellate Procedure
North Dakota Supreme Court Citation Manual
Appellate Practice Tips
Appellate Brief Filing Tips
Guide to an Appeal to the North Dakota Supreme Court
Sample Notice of Appeal
Sample Order for Transcript


Contact Information

The Clerk's Office may be contacted by e-mail at supclerkofcourt@ndcourts.gov and by phone at 701-328-2221.