RULE 25. FILING AND SERVICE
Effective Date: 3/1/2003
Obsolete Date: 3/1/2008
(a) Filing.
(1) Filing with the Clerk. A paper required or permitted to be filed in the supreme court must be filed with the supreme court clerk.
(2) Filing: Method and Timeliness.(A) In general. Filing may be accomplished by mail or delivery addressed to the clerk, but filing is not timely unless the clerk receives the papers within the time fixed for filing.(B) Brief, appendix, transcript or petition for rehearing. A brief, appendix, transcript, or petition for rehearing is deemed filed on the day of mailing or deposit with a third-party commercial carrier.(C) Electronic filing. Papers may be filed by electronic means to the extent provided and under procedures established in the court's administrative rules. A paper filed by electronic means in compliance with the court's administrative rules constitutes a written paper for the purpose of applying these rules.(3) Filing Motion with Justice. If a motion requests relief that may be granted by a single justice, the justice may receive the motion for filing; the justice must note the filing date on the motion and give it to the clerk.
(b) Service of All Papers Required. Unless a rule requires service by the clerk, a party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party's counsel.
(c) Manner of Service. Service may be personal, by mail, or via a third-party commercial carrier. Personal service includes delivery of the copy to a clerk or other responsible person at the office of counsel. Service by mail is complete upon mailing. Service via a third-party commercial carrier is complete upon deposit of the paper to be served with the commercial carrier.
(d) Proof of Service. A paper presented for filing must contain an acknowledgment of service by the person served or proof of service by the person who made service. Proof of service may appear on or be affixed to the paper filed. The clerk may permit a paper to be filed without acknowledgment or proof of service but must require acknowledgment or proof of service to be filed promptly thereafter.
Rule 25 was amended, effective January 1, 1988; on an emergency basis, September 5, 1990; on an emergency basis, November 16, 1994; March 1, 1996; March 1, 1999; March 1, 2003; March 1, 2008; March 1, 2011; October 1, 2014; March 1, 2019; March 1, 2022; August 1, 2023; April 8, 2024.
This rule is derived from Fed.R.App.P. 25. Rule 25 was amended, effective March 1, 1999, to allow the use of a third-party commercial carrier as an alternative to the Postal Service. The phrase "commercial carrier" is not intended to encompass electronic delivery services.
Subdivision (a) provides documents are not considered filed until they are received by the clerk of the supreme court.
Rule 25, effective March 1, 2003, allows the court to accept documents filed by electronic means.
Rule 25 was amended, effective March 1, 2019, to require electronic filing by all parties other than self-represented litigants and prisoners and to eliminate most fees that applied specifically to electronic filing.
Rule 25 was amended, effective March 1, 2019, to add requirements for documents filed electronically.
Rule 25 was amended, effective August 1, 2023, to clarify that hard page breaks must separate the cover, table of contents, table of cases, and body of all briefs.
Rule 25 was amended, effective March 1, 2008, to provide for service by electronic means.
Rule 25 was amended, effective March 1, 2011, to change the reference from "calendar days" to "days."
Rule 25 was amended, effective March 1, 2019, to require electronic service of documents filed electronically except when a self-represented litigant or prisoner cannot accept electronic service.
Rule 25 allows proof of service by admission of service, affidavit of service, or certificate of an attorney.
Rule 25 was amended, effective March 1, 2003, in response to the December 1, 1998, amendments to Fed. R. App. P. 25. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Rule 25 was amended, effective October 1, 2014, to replace "supreme court clerk" with "clerk of the supreme court" and "paper" with "document."
Rule 25 was amended, effective March 1, 2022, to remove references to the appendix.
Rule 25 was amended, effective, April 8, 2024, upon the adoption of the supreme court’s electronic filing system. Unless otherwise exempted under the rule, parties are required to electronically file and serve documents with the clerk of the supreme court.
SOURCES: Supreme Court Rulemaking of April 3, 2024; March 12, 2024; Joint Procedure Committee Minutes of April 28, 2023, pages 11-13; September 30, 2021, pages 2-9; April 27, 2018, pages 2-4; January 25, 2018, pages 11-12; September 26, 2013, page 22-24; April 29-30, 2010, page 20; January 25, 2007, page 17;April 25-26, 2002, pages 3-5; April 26-27, 2001, page 10; April 30-May 1, 1998, page 3; January 29-30, 1998, page 21; January 26-27, 1995, pages 6-7; September 29-30, 1994, page 12; February 19-20, 1987, pages 6-7; September 18-19, 1986, pages 14-15; May 25-26, 1978, page 10; March 16-17, 1978, pages 3-4. Fed.R.App.P. 25.
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. § 28-27-05.
CROSS REFERENCE: N.D.R.App.P. 10 (The Record on Appeal); N.D.R.App.P. 26(c) (Computing and Extending Time).