SUPREME COURT IMPLEMENTS NEW PUBLIC ACCESS , E-FILING , AND DOCKET SYSTEM
SUPREME COURT IMPLEMENTS NEW PUBLIC ACCESS , E-FILING , AND DOCKET SYSTEM
ANDY FORWARD Attorney at Law
On April 8 , the Supreme Court implemented a new public access , electronic filing , and docket system . Development of the system occurred over the past two years to replace the former docket system , which was created in the 1990s . The new public access and electronic-filing portal offers a public access point for appellate documents and offers electronic filing and service to all parties . It also allows online payment of filing fees .
Attorneys are required to file electronically through the new e-filing system . Paper filing is no longer an option . Self-represented or prisoner parties , however , may choose to use the electronic-filing system , electronically file by email to supclerkofcourt @ ndcourts . gov , or file paper documents with the clerk ’ s office .
Before electronically filing and serving documents in the new case management system , an attorney or organization must register to use the system . Registration is processed and approved by the Supreme Court Clerk ’ s office during normal office hours Monday through Friday from 8 a . m . to 5 p . m .
The following Rules of Appellate Procedure were amended when the new e-filing system went live on April 8 :
Rule 3 – Appeal as of Right – How Taken
Rule 3 ( d ) on serving the notice of appeal was amended to require a party who files a notice of appeal to serve the notice of appeal on the other parties and file a proof of service . Under the prior version of Rule 3 , the clerk of the Supreme Court would serve the notice of appeal after the notice of appeal was filed . The amended rule maintained the requirement the clerk of the Supreme Court file the notice of appeal with the district court clerk using the Odyssey e-filing system .
Rule 12 – Docketing the Appeal Rule 12 was amended to require the filing fee be paid through the e-filing system if a party electronically files the notice of appeal . If payment through the e-filing system fails , the appeal may be dismissed . If a party is exempt from electronic filing , the party must pay the filing fee within 14 days of receipt of the notice of appeal by the Supreme Court .
Rule 25 – Filing and Service Rule 25 was amended to require electronic filing and service of all documents submitted to the Supreme Court . Self-represented litigants and prisoners are exempt from the electronic filing and service requirements , and on a showing of exceptional circumstances in a particular case , the clerk of the Supreme Court or the Court may grant anyone leave to file and serve paper documents . Each document submitted for electronic filing must be separately submitted .
The amended rule allows the Supreme Court to grant relief if a party fails to complete electronic filing or service due to technical problems with the Court ’ s e-filing system or public access to the system . The rule also provides the Supreme Court will issue routine orders by a text-only entry upon the docket . The text-only docket entry will constitute the Court ’ s only order on the matter . A paper copy of the text-only order will be sent to a party exempt from receiving electronic service and a self-represented litigant or prisoner who cannot accept electronic service .
Appendix B . Rule 25 – Electronic Filing Requirements Appendix B was adopted upon the implementation of the e-filing system . Appendix B provides guidelines to follow when filing a document into the system . A filing may be rejected if the guidelines are not followed .
Rule 31 – Filing and Service of Briefs Rule 31 was amended to require electronic filing of briefs , unless a party is exempt from electronic filing .
The link to access the new e-filing system is available on the North Dakota Supreme Court website , www . ndcourts . gov .
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