UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF NORTH DAKOTA
ADMINISTRATIVE POLICY
GOVERNING ELECTRONIC
FILING AND SERVICE
Amended September 29, 2025
I. General Information............................................................................................................ 1
II. Registration ......................................................................................................................... 1
III. Filer Obligations ................................................................................................................. 1
IV. Deadlines ............................................................................................................................ 2
V. Filing and Service of Civil Case Opening Documents ....................................................... 2
VI. Filing of Documents Adding or Removing a Party ............................................................ 2
VII. Filing a Notice of Appeal.................................................................................................... 3
VIII. Electronic Filing ................................................................................................................. 3
IX. Service of Electronically Filed Documents ........................................................................ 3
X. Signatures............................................................................................................................ 3
XI. Exceptions to Electronic Filing........................................................................................... 5
XII. Motions ............................................................................................................................... 5
XIII. Attachments to Filings and Exhibits (other than hearing and trial exhibits) ...................... 5
XIV. Transcripts .......................................................................................................................... 6
XV. Sealed Cases and Sealed Filings......................................................................................... 6
XVI. Ex Parte Motions ................................................................................................................ 7
XVII. Stipulations ......................................................................................................................... 7
XVIII. Hyperlinks........................................................................................................................... 7
XIX. Privacy ................................................................................................................................ 8
XX. Orders, Judgments and Other Court-issued Documents ..................................................... 8
XXI. Proposed Documents .......................................................................................................... 8
XXII. Correspondence .................................................................................................................. 9
XXIII. Facsimile Transmissions..................................................................................................... 9
ii
XXIV. Errors, Docket Corrections, and E-filing Modification Requests...................................... 9
XXV. Technical Failures............................................................................................................... 9
XXVI. Retention ............................................................................................................................. 9
XXVII. Access to Electronically Stored Documents...................................................................... 9
XXVIII. References to Parts of the Record ................................................................................. 10
ii
I. General Information
(A) The Court uses an internet-based Electronic Case File (ECF) system for its official
case files and docket. The ECF system accepts documents in portable document
format (PDF). Electronically converted PDFs are the preferred type, and all PDFs
submitted must be legible.
(B) All documents must be filed using ECF, unless specifically exempted under Section
XI, Exceptions to Electronic Filing, of these Administrative Policies or unless the
document is filed by a pro se party. See Section II (A), Registration. Documents
filed prior to November 18, 2005, are available in paper form only and may be
reviewed at the clerk’s office.
(C) The electronic file maintained by the court, together with any paper documents filed
in accordance with these Administrative Policies, constitutes the official court
record.
(D) Each PDF file submitted must be no larger than 35 megabytes in size. Individual
files larger than 35 megabytes must be subdivided prior to filing.
(E) Any charges imposed for viewing or downloading documents are dictated by the
Judicial Conference of the United States Courts and are not charges imposed by this
court. For additional information, visit the Public Access to Court Electronic
Records (PACER) website.
II. Registration
(A) A pro se party may not register to use the ECF system.
(B) Only a filer or authorized agent of a filer may file a document using the filer’s login
and password. Use of a filer’s login and password by an authorized agent will be
deemed to be the act of the filer. Law students practicing before the court under
D.N.D. Gen. L.R. 1.4 will be deemed an authorized agent of the supervising attorney.
Law students will not be issued a login and password.
III. Filer Obligations
(A) Filers have a continuing obligation to update their contact information.
(B) Filers must change their access password to the ECF system if they suspect the
confidentiality of the password has been compromised.
(C) A filer must report any suspected misuse of the ECF system to the clerk. If the court
becomes aware of misuse of the ECF system, a filer may be subject to sanctions for
failure to comply with these Administrative Policies, including but not limited to,
revocation of access without prior notice.
1
(D) Attorneys who have been subject to professional disciplinary action in any
jurisdiction are under an obligation to notify the court of such action. The court may
order suspension or revocation of ECF access until such time as the attorney is in
good standing to practice in this District in accordance with D.N.D. Gen. L.R. 1.3.
IV. Deadlines
Filing documents electronically does not alter any filing deadlines. All electronic
transmissions of documents must be received by the ECF system prior to midnight, Central
Time, in order to be considered timely filed that day. Where a specific time-of-day deadline
is set by court order or stipulation, the electronic filing must be completed by that time.
V. Filing and Service of Civil Case Opening Documents
(A) Civil case opening documents, such as a complaint, petition, or notice of removal
together with the civil cover sheet (Form JS-44), should be submitted either
electronically in PDF format attached to an e-mail or in paper form. Any case
opening documents submitted in paper form will be scanned and electronically filed
by the clerk. The clerk’s e-mail address for civil case opening is:
[email protected]
(B) No case will be opened until the appropriate filing fee or a motion to proceed in
forma pauperis (IFP) is received by the clerk’s office.
(C) All attachments and exhibits to case opening documents must be submitted as
separate documents. Attachments and exhibits may be submitted electronically in
PDF format or in paper form. All attachments must be redacted, pursuant to Fed. R.
Civ. P. 5.2 and Fed. R. Crim. P. 49.1.
(D) The clerk’s office will prepare the summons, imprint the seal of the court and the
clerk’s signature on the summons, and issue the summons electronically to counsel
by way of e-mail or by U.S. Mail in paper form. A party may not electronically serve
a civil complaint and summons but must print or use a court issued summons and
effect service in accordance with Fed. R. Civ. P. 4.
(E) The Court’s Plan for Direct Assignment of Civil Cases to a Magistrate Judge governs
the manner in which civil cases are assigned. If a civil case is directly assigned to a
Magistrate Judge, the parties will be required to submit a Consent/Reassignment
Form. Additional Information is available in the Direct Assignment Plan.
VI. Filing of Documents Adding or Removing a Party
Any document that adds a party to a case or removes a party from a case, such as an amended
complaint or a third party complaint, must be submitted to the clerk's office in PDF format
either attached to an e-mail or in paper form. Filers are not permitted to add or remove
parties to a case. These documents should be sent to the clerk’s office e-mail address:
[email protected]
2
VII. Filing a Notice of Appeal
(A) Civil Cases: A notice of appeal may be filed in CM/ECF. If the notice of appeal is
not filed in CM/ECF, a notice of appeal should be submitted in paper form or sent to
the clerk’s office email address:
[email protected]
(B) Criminal Cases: A notice of appeal should be submitted in PDF format either
attached to an e-mail or in paper form. A notice of appeal should be sent to the
clerk’s office email address:
[email protected]
VIII. Electronic Filing
(A) A document filed electronically will be deemed filed at the time and date stated on
the NEF.
(B) All pleadings filed electronically must be titled using the appropriate civil or criminal
event code.
IX. Service of Electronically Filed Documents
(A) The Notice of Electronic Filing (NEF) has a dual function.
(1) The system generates an NEF each time a document is filed. This NEF is the
filer’s confirmation that the transaction has been successfully completed and
the document is deemed filed.
(2) The system sends an NEF via email to represented parties, which constitutes
service except as noted below for pro se parties and sealed documents.
(B) Pro Se Parties. The filer must serve a paper copy of any electronically filed document
on pro se parties. Pro se parties will be identified in the NEF.
(C) Sealed Documents. Because sealed documents filed in ECF are not accessible or
viewable electronically, service of those documents cannot be accomplished through
ECF. Parties must serve all sealed documents by other appropriate means as provided
by the Federal Rules of Procedure and must include a certificate of service on the last
page of the document or file a certificate of service as a separate document. See
Guide to Filing Sealed Documents & Motions.
X. Signatures
(A) Attorneys. All electronically filed documents must include a signature block and
must set forth the attorney’s name, address, telephone number, and e-mail address.
The name of the filer under whose login and password the document is submitted
must be preceded by a “/s/,” “/s” or “s/” and typed in the space where the signature
would otherwise appear. A digital image of a signature may be inserted in the
document in lieu of the “/s/,” “/s” or “s/.”
3
The following are examples of permissible signature blocks:
s/ Richard Smith /s/ Richard Smith
Richard Smith Richard Smith
222 4th Street 222 4th Street
Anywhere, USA 58201 Anywhere, USA 58201
701-123-4567 701-123-4567
[email protected] [email protected]
(B) Clerk’s Office Staff and United States Probation and Pretrial Services Staff.
Clerk’s office staff and United States probation and pretrial services staff may use an
electronic signature when signing documents. The electronic signature must be
preceded by a “/s/,” “/s” or “s/” and typed in the space where the signature would
otherwise appear. A digital image of a signature may be inserted in the document in
lieu of the “/s/,” “/s” or “s/.”
(C) Multiple Signatures. The filer of any document requiring more than one signature
(e.g., stipulations) must list the names of all other signatories by means of a “/s/,” “/s”
or “s/” signature block for each or a digital image of the signature. By submitting a
document for filing, the filer certifies that each of the other signatories has expressly
agreed to the form and substance of the document and that the filer has their actual
authority to submit the document electronically. The filer must retain any records
evidencing this concurrence for future production, if necessary, until the entry of a
final non-appealable judgment, or for two years, whichever is later.
(D) Affidavits. Unless a specific exception in these Administrative Policies applies,
affidavits must be filed electronically; however, the electronically filed version must
contain a digital image of a signature or the “/s/,” “/s” or “s/” signature block
indicating that the paper document bears an original signature. The filer must retain
the original for future production, if necessary, until the entry of a final non-
appealable judgment, or for two years, whichever is later.
(E) Objections to Authenticity. A non-filing signatory or party who disputes the
authenticity of an electronically filed document containing signatures must file an
objection to the document within ten (10) days of the date on the NEF.
(F) Defendants in Criminal Cases.
Any document requiring a defendant’s signature must contain an image of a
defendant’s signature. An “/s/,” “/s” or “s/” signature block is not acceptable for
defendants’ signatures, unless the document is submitted by the United States
probation and pretrial services office. If the United States probation and pretrial
services office submits a document with a “/s/,” “/s” or “s/” signature block, the
original signed document must be retained for future production.
XI. Exceptions to Electronic Filing
(A) Documents that may be filed in paper and will not be scanned into ECF by the clerk’s
4
office:
(1) trial exhibits; and
(2) items that cannot be converted to PDF format (e.g., video tapes or oversized
documents).
(B) Documents that may be filed in paper and will be scanned into ECF by the clerk’s
office:
(1) pleadings and documents filed by pro se litigants;
(2) Fed. R. Crim. P. 20, Fed. R. Crim. P. 21 and Fed. R. Crim. P. 40 transfer
papers;
(3) pleadings and documents for opening a case or appeal; and
(4) pleadings and documents in a removal matter under 28 U.S.C. § 1446.
(C) Documents related to grand jury matters (motions to quash a subpoena, motions to
compel, etc.) must be filed in paper.
(D) Attorneys must obtain leave of court to file paper documents in any other instance.
See Section I(B), General Information, for the requirements for using the ECF
system.
XII. Motions
(A) Motions should be filed using the appropriate civil or criminal event code. If a
motion is seeking multiple forms of relief from the court (i.e., motion to dismiss and
motion for hearing), both motion reliefs should be selected when filing the motion.
See Guide for Filing Multiple Relief Motions for more information.
(B) Proposed orders must NOT be filed. See Section XXI(B), Proposed Documents, for
additional information. When requested by the Court, the proposed orders should
be emailed to the appropriate chambers email address in either Word or
WordPerfect format.
XIII. Attachments to Filings and Exhibits (other than hearing and trial exhibits)
(A) Attachments to pleadings and motions must be filed in PDF format in file size
increments that do not exceed the 35 megabyte limitation. Each individual
attachment must be filed separately and must contain an exhibit letter or number,
if applicable, and a description of sufficient detail to make the attachment readily
identifiable to the court. Abbreviations may be used sparingly. See Guide to Filing
Attachments and Section XXVII, Reference to Parts of the Record.
(B) Filers must not attach as an exhibit any pleading or other paper already on file
with the court in that case, but must instead refer to the docket number
assigned in ECF. See Section XXVII, Reference to Parts of the Record.
5
XIV. Transcripts
(A) Transcripts of non-court proceedings. Non-court generated transcripts (e.g.,
deposition transcripts from private reporters) that are filed to support any motion or
pleading must be filed in PDF format in accordance with Section XIII, Attachments
to Filings and Exhibits, and must be filed in their entirety. The use of partial
excerpts as attachments to motions is not allowed and is not a substitute for the
requirement of filing the entire transcript. Also, it is preferred that the transcripts
be electronically converted to PDF from word processing formats, rather than
scanned, so the transcripts can be more readily searched. It is the filer’s
responsibility, not the court or clerk’s office, to ensure that transcripts are properly
redacted to comply with the Privacy provisions of these Administrative Policies.
See Section XIX, Privacy.
(B) Transcripts of court proceedings.
(1) A transcript provided to the court by a court reporter or transcriber will be
available at the public terminal in the office of the clerk for inspection only,
for a period of 90 days after it is delivered to the clerk. The transcript may
not be printed.
(2) During the 90-day period, a copy of the transcript may be obtained from the
court reporter or transcriber at the rate established by the Judicial
Conference; the transcript will be available within the court for internal use;
and an attorney who obtains the transcript from the court reporter or
transcriber may obtain remote electronic access to the transcript through the
court’s CM/ECF system.
(3) After the 90-day period has ended, the filed transcript will be available for
inspection and printing in the clerk’s office and for download from the
court’s CM/ECF system through the judiciary’s PACER system. PACER
fees will apply to electronic access even if the transcript has been purchased
by the person seeking electronic access. Transcripts are not subject to the
maximum per document fee charged by PACER. The per page fee will be
charged for each page of the transcript.
XV. Sealed Cases and Sealed Filings
(A) Parties must obtain leave of court to file a sealed document or a sealed motion. See
Guide to Filing Sealed Documents & Motions. If the court grants leave to file a
sealed motion or sealed document, no additional leave is required for a responsive
filing. For additional information, see the Court’s Standing Order re: Sealed
Documents and Standing Order re: Search and Seizure Warrants.
(B) Sealed Cases and Documents.
6
(1) Sealed cases are not available to the public. Non-case participants who
attempt to access a sealed case will receive a message that the case is sealed
and not available for viewing.
(2) Motions for leave to file under seal, sealed documents, sealed motions,
responses to sealed motions, replies to sealed motions, and sealed orders are
not available to the public and are not accessible or viewable to the parties
by electronic means in ECF or PACER. Non-case participants who attempt
to access sealed documents will receive a message that they do not have
permission to view the document. Parties who attempt to access sealed
documents will receive a message that the document is no longer available
in ECF or PACER and to contact the court directly to request access to the
document.
XVI. Ex Parte Motions
(A) Leave of court is not required to file an ex parte motion.
(B) Ex parte motions are available only to the court and the filing party. The ex parte
motion will not appear on the public docket sheet. Only the filer and the court will
have knowledge that an ex parte motion has been filed.
(C) Filing an ex parte motion will generate an NEF, but it will be sent to only the court
and the filing party. The filing party will be able to access the ex parte motion
using the filer’s login and password.
XVII. Stipulations
Stipulations must conform to Section X(C), Multiple Signatures. Proposed orders must
NOT be submitted with stipulations unless requested by the court. When requested by the
court, the proposed orders should be emailed to the appropriate chambers email address in
either Word or WordPerfect format.
XVIII. Hyperlinks
(A) Documents filed on the ECF system may contain hyperlinks but they must be
limited to links to material within the filed document or to a location on the internet
that contains a source document for a citation.
(B) Hyperlinks to cited authority may not replace standard citation format. Complete
citations must be included in the text of the filed document. Neither a hyperlink,
nor any site to which it refers, will be considered part of the record. Hyperlinks are
simply convenient mechanisms for accessing material cited in a filed document.
(C) The court accepts no responsibility for, and does not endorse, any product,
organization, or content at any hyperlinked site. The court accepts no responsibility
7
for the availability or functionality of any hyperlink.
XIX. Privacy
(A) The redaction of electronically filed documents is governed by Fed. R. Civ. P. 5.2
and Fed. R. Crim. P. 49.1.
(B) The responsibility for complying with Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1
rests solely with the filer. The clerk’s office will not review filings for compliance
with these rules.
(C) If a redacted document is filed, the filer must retain the original document for future
production, if necessary, until the entry of a final, non-appealable judgment, or for
two years, whichever is later.
XX. Orders, Judgments and Other Court-issued Documents
(A) Electronic transmission of all orders, judgments, and proceedings of the court to the
ECF system constitutes filing of the document for all purposes of the Federal Rules
of Procedure and constitutes entry of the document on the docket maintained by the
clerk pursuant to Fed. R. Civ. P. 58, Fed. R. Civ. P. 79, and Fed. R. Crim. P. 55.
(B) Any order, judgment or court-issued document filed in the ECF system has the same
force and effect as if the judge or clerk had signed a paper copy and filed it in the
conventional manner.
(C) A judge may grant routine orders by a text-only entry upon the docket. No PDF
document will be attached. The text-only entry will constitute the court’s only order
on the matter. An NEF will be generated and sent. The NEF will indicate “no
document attached” and will not contain a hyperlink to a document. Pro Se parties
will be mailed a paper copy of the NEF.
(D) A paper copy of electronic filings generated by the court will be mailed by the clerk
to parties not registered on the ECF system.
(E) A copy of sealed documents filed by the court will be distributed to parties
according to the Federal Rules of Procedure.
XXI. Proposed Documents
(A) A party seeking leave of court to file a proposed document (e.g., amended
complaint, modification to scheduling order, brief in excess of page limitations)
must submit the proposed document as an attachment to the motion for leave to file.
The court will rule on the motion, and if granted, will direct the party to file an
electronically signed original. See Section XIII, Attachments to Filings and
Exhibits, for information on attachments.
8
(B) Proposed orders must NOT be filed. When requested by the Court, the proposed
orders should be emailed to the appropriate chambers email address in either Word
or WordPerfect format.
XXII. Correspondence
Correspondence must not be filed in the ECF system. Any request for court action must be
filed in pleading format.
XXIII. Facsimile Transmissions
No pleadings or other documents may be submitted to the court for filing by facsimile
transmission.
XXIV. Errors, Docket Corrections, and E-filing Modification Requests
(A) Any errors will be brought to the filer’s attention by the clerk’s office and may
require correction by the filer.
(B) A filer who discovers an error should contact the clerk’s office:
Bismarck: 701-530-2300
Fargo: 701-297-7000
E-mail:
[email protected]
(C) When an error is corrected, the clerk’s office will file a Docket Correction in ECF
advising all parties of the correction. If the clerk’s office needs a filer to take any
action to assist in correcting an error, the clerk’s office will file an E-filing
Modification Request in ECF advising all parties of the action needed by the filing
party.
XXV. Technical Failures
A filer whose filing is made untimely as the result of a technical failure may seek
appropriate relief from the court, using the contact information set forth in Section XXIV,
Errors, Docket Corrections, and E-filing Modification Requests.
When the ECF system is down for system upgrades or due to other technical difficulties,
filings may be sent to the new case email address set forth in Section V, Filing and Service
of Civil Case Opening Documents and will be filed by the clerk’s office as of the date the
court received the document(s).
XXVI. Retention
Unless otherwise ordered by the court, documents submitted to the clerk for filing on paper
will be destroyed after uploading into the ECF system consistent with the policies of the
National Archives and Records Administration.
9
XXVII. Access to Electronically Stored Documents
(A) Public access to the civil and criminal dockets and documents in the ECF system is
provided through the Public Access to Court Electronic Records (PACER) system.
A PACER login and password can be obtained from the PACER service center.
Additional information is available at PACER’s website. The court’s ECF records
can be reviewed using a PACER account.
(B) All filings that are not sealed may be viewed on the public computer terminal
located at the clerk’s office.
XXVIII. References to Parts of the Record
To facilitate the Court’s review of filings, references to documents filed in CM/ECF should
be made in the following format.
Source Citation Formats
Document number 123 in the same case Doc. 123
ECF 123
Dkt. 123
Document number 12 in the same case, first attachment Doc. 12-1
ECF 12-1
Dkt. 12-1
Case 1:12-cv-123, document number 14, page 2 Doc. 1:12-cv-123 14 p. 2
Doc. 1:12-cv-123 14 2
ECF 1:12-cv-123 14 p. 2
ECF 1:12-cv-123 14 2
Dkt. 1:12-cv-123 14 p.2
Dkt. 1:12-cv-123 14 2
Criminal case 1:12-cr-456, defendant 2, document Doc. 1:12-cr-456-2 25
number 25 ECF 1:12-cr-456-2 25
Dkt. 1:12-cr-456-2 25
For attachments to main documents, the text reference in the main documents must match
the description that is entered for the attachment at the time of filing. For example, if an
attachment is described as “Exhibit 1 Contract,” references to this exhibit in the main
document should use the same text, “Exhibit 1 Contract.”
Additional information on describing attachments is available in the Guide to Filing
Documents and Attachments.
10
