UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF NORTH DAKOTA
LOCAL RULES
Effective October 6, 2025
TABLE OF CONTENTS
PREFACE
These rules have been adopted by the court as local rules under Fed. R. Civ. P. 83
and Fed. R. Crim. P. 57, and may be cited as A D.N.D. Gen. L.R. ___,@ A D.N.D.
Civ. L.R. ___,@ or A D.N.D. Crim. L.R. ___.@ The general rules apply to
court proceedings in this district, whether civil or criminal, and they regulate the
conduct of court personnel, practicing attorneys, parties, members of the
public, and members of the press.
The court has also adopted an Administrative Policy Governing Electronic Filing
and Service for electronically filing documents in civil and criminal cases. If
there is conflict between a local rule and an administrative policy, the
administrative policy controls.
ACKNOWLEDGEMENT
The Court extends its sincere appreciation to the Local Rules Committee members for their time,
commitment, and thoughtful contributions in reviewing and revising the Local Rules. Their
expertise and dedication to clarity and consistency were instrumental to the process.
The Local Rules Committee was chaired by Judge Alice R. Senechal and included the following
attorneys: Chris Bellmore; Rachel Bruner; Ashley Flagstad; Mark Friese; Shanon Gregor; Jill
Grossman; David Hagler; Kari Knudson; Duane Lillehaug; Tatum O’Brien; Kent Rockstad;
Benjamin Sand; Jane Sportiello; Joe Quinn; and Jeff Weikum.
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TABLE OF CONTENTS
TABLE OF CONTENTS
GENERAL RULE 1.1 ................................................................................................................... 1
DIVISIONS.................................................................................................................................... 1
GENERAL RULE 1.2 ................................................................................................................... 2
OFFICE OF THE CLERK .......................................................................................................... 2
GENERAL RULE 1.3 ................................................................................................................... 3
ATTORNEYS ................................................................................................................................ 3
(A) ROLL OF ATTORNEYS ................................................................................................... 3
(B) ELIGIBILITY ..................................................................................................................... 3
(C) PROCEDURE FOR ADMISSION ..................................................................................... 3
(D) PRO HAC VICE ADMISSION........................................................................................... 4
(E) APPEARANCES ................................................................................................................ 4
(F) SUBSTITUTION AND WITHDRAWAL OF ATTORNEYS .......................................... 4
(1) Notice of Substitution. ............................................................................................ 4
(2) Motion to Substitute................................................................................................ 4
(3) Motion to Withdraw. ............................................................................................... 4
(4) Appearing on Behalf of an Attorney of Record. ..................................................... 5
(G) CONTINUED DUTIES ...................................................................................................... 5
(H) DISCIPLINARY ENFORCEMENT .................................................................................. 5
(I) REINSTATEMENT ........................................................................................................... 6
GENERAL RULE 1.4 ................................................................................................................... 7
STUDENT PRACTICE RULE .................................................................................................... 7
(A) GENERAL PROVISIONS ................................................................................................. 7
(B) STUDENT REQUIREMENTS .......................................................................................... 7
(C) ADMISSION PROCEDURE.............................................................................................. 7
(D) STUDENT PRACTICE LIMITATIONS ........................................................................... 8
(E) SUPERVISING ATTORNEY REQUIREMENTS ............................................................ 8
GENERAL RULE 1.5 ................................................................................................................... 9
USE OF ELECTRONIC DEVICES ........................................................................................... 9
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GENERAL RULE 1.6 ................................................................................................................. 10
COURTROOM CONDUCT AND USE OF ELECTRONIC DEVICES .............................. 10
(A) INSPECTION ................................................................................................................... 10
(B) COURTROOM CONDUCT ............................................................................................. 10
(C) ELECTRONIC DEVICES ................................................................................................ 10
(D) EXCLUSION AND INSPECTION .................................................................................. 10
GENERAL RULE 1.7 ................................................................................................................. 11
STIPULATIONS ......................................................................................................................... 11
GENERAL RULE 1.8 ................................................................................................................. 12
COURT REPORTER TRANSCRIPTS.................................................................................... 12
GENERAL RULE 1.9 ................................................................................................................. 13
FEES ........................................................................................................................................... 13
GENERAL RULE 1.10 ............................................................................................................... 14
DEPOSIT AND WITHDRAWAL OF FUNDS WITH THE COURT ................................... 14
(A) GENERAL ........................................................................................................................ 14
(1) NON-INTEREST-BEARING FUNDS ................................................................ 14
(2) INTEREST-BEARING FUNDS .......................................................................... 14
(3) INTERPLEADER FUNDS ................................................................................... 14
(4) COMPLIANCE..................................................................................................... 14
(B) DEPOSIT OF FUNDS ...................................................................................................... 15
(1) NON-INTEREST-BEARING FUNDS ................................................................ 15
(2) INTEREST-BEARING FUNDS .......................................................................... 15
(C) WITHDRAWAL OF FUNDS .......................................................................................... 15
(1) WITHDRAWAL OF NON-INTEREST-BEARING FUNDS ............................. 15
(2) WITHDRAWAL OF INTEREST-BEARING FUNDS ....................................... 16
(3) COMPLIANCE..................................................................................................... 16
GENERAL RULE 1.11 ............................................................................................................... 17
BONDS ......................................................................................................................................... 17
(A) SECURITY PROVIDER LIMITATIONS ....................................................................... 17
(B) CORPORATE SECURITY PROVIDER ......................................................................... 17
(C) PERSONAL SECURITY PROVIDER ............................................................................ 17
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(D) CASH BONDS AND PERSONAL PROPERTY............................................................. 17
(F) INSUFFICIENCY AND REMEDY ................................................................................. 18
GENERAL RULE 1.12 ............................................................................................................... 19
NON-APPROPRIATED FUND ................................................................................................ 19
(A) DEPOSIT .......................................................................................................................... 19
(B) USE ................................................................................................................................... 19
(C) PLAN ................................................................................................................................ 19
GENERAL RULE 1.13 ............................................................................................................... 20
HIGHLY SENSITIVE DOCUMENTS ..................................................................................... 20
CIVIL RULE 3.1 ......................................................................................................................... 21
CASE ASSIGNMENT ................................................................................................................ 21
(A) DIVISION ASSIGNMENT AND OBJECTIONS ........................................................... 21
(B) REASSIGNMENT OR CHANGE OF PLACE OF TRIAL ............................................. 21
(C) DIRECT ASSIGNMENT CASES .................................................................................... 21
CIVIL RULE 4.1 ......................................................................................................................... 22
SERVICE OF PROCESS AND COURT ORDERS ................................................................ 22
(A) SERVICE BY UNITED STATES MARSHALS SERVICE ........................................... 22
(B) APPOINTMENT OF SPECIAL PROCESS SERVERS .................................................. 22
(C) PROOF OF SERVICE OF SUBPOENAS ....................................................................... 22
CIVIL RULE 5.1 ......................................................................................................................... 23
FILES AND FILING .................................................................................................................. 23
(A) ELECTRONIC CASE FILING (ECF) ............................................................................. 23
(B) FORM ............................................................................................................................... 23
(C) SEALED DOCUMENTS AND FILES ............................................................................ 23
CIVIL RULE 6.1 ......................................................................................................................... 24
TIME 24
CIVIL RULE 7.1 ......................................................................................................................... 25
MOTIONS ................................................................................................................................... 25
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(A) MOTION TYPES ............................................................................................................. 25
(1) DISPOSITIVE MOTIONS ................................................................................... 25
(2) NON-DISPOSITIVE MOTIONS ......................................................................... 26
(3) MOTIONS FOR INJUNCTIVE RELIEF ............................................................. 27
(4) MOTIONS FOR LEAVE OF COURT TO FILE ADDITIONAL FILINGS OR
TO EXCEED PAGE LIMITS ............................................................................... 27
(5) MOTIONS AND STIPULATIONS FOR LEAVE TO FILE AMENDED
DOCUMENT ........................................................................................................ 27
(6) MOTIONS FOR ORAL ARGUMENT ................................................................ 27
(B) GENERAL MATTERS .................................................................................................... 28
(1) DEADLINES FOR PRO SE PARTIES WITHOUT ACCESS TO ELECTRONIC
FILING ................................................................................................................. 28
(2) SERVICE AND FILING NOT ON SAME DATE .............................................. 28
(3) PROPOSED ORDERS NOT REQUIRED ........................................................... 28
(4) FORM OF FILINGS AND EXHIBITS ................................................................ 28
(5) FAILURE TO FILE MEMORANDUM OR RESPONSE ................................... 28
(C) AMICUS CURIAE BRIEFS............................................................................................. 28
CIVIL RULE 7.1.1 ...................................................................................................................... 30
DISCLOSURE STATEMENT .................................................................................................. 30
CIVIL RULE 16.1 ....................................................................................................................... 31
CIVIL CASE MANAGEMENT ................................................................................................ 31
CIVIL RULE 16.2 ....................................................................................................................... 33
ALTERNATIVE DISPUTE RESOLUTION (ADR) ............................................................... 33
(A) AUTHORIZATION .......................................................................................................... 33
(B) DESIGNATION OF CASES ............................................................................................ 33
(C) CONFIDENTIALITY....................................................................................................... 33
(D) ADMINISTRATION ........................................................................................................ 34
(E) DISQUALIFICATION ..................................................................................................... 34
CIVIL RULE 26.1 ....................................................................................................................... 35
CIVIL DISCOVERY .................................................................................................................. 35
(A) SCOPE AND TIMING ..................................................................................................... 35
(B) FORM ............................................................................................................................... 35
(C) FILING ............................................................................................................................. 35
(D) EXEMPTIONS ................................................................................................................. 35
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CIVIL RULE 37.1 ....................................................................................................................... 36
CIVIL DISCOVERY MOTIONS.............................................................................................. 36
(A) OBLIGATION TO CONFER ........................................................................................... 36
(B) OBLIGATION FOR CONFERENCE WITH MAGISTRATE JUDGE .......................... 36
(C) SANCTIONS FOR NON-COMPLIANCE ...................................................................... 36
CIVIL RULE 41.1 ....................................................................................................................... 37
DISMISSAL OF SETTLED CIVIL CASE .............................................................................. 37
CIVIL RULE 43.1 ....................................................................................................................... 38
EXHIBITS ................................................................................................................................... 38
(A) MARKING EXHIBITS .................................................................................................... 38
(B) CUSTODY OF EXHIBITS .............................................................................................. 38
(C) SENSITIVE EXHIBITS ................................................................................................... 38
(D) RETURN OF EXHIBITS ................................................................................................. 39
CIVIL RULE 45.1 ....................................................................................................................... 40
SUBPOENAS .............................................................................................................................. 40
CIVIL RULE 47.1 ....................................................................................................................... 41
CIVIL JURY TRIALS ............................................................................................................... 41
(A) JURY SELECTION .......................................................................................................... 41
(B) DISCLOSURE OF JUROR NAMES ............................................................................... 41
(C) JURY SIZE ....................................................................................................................... 41
(D) EXAMINATION OF WITNESSES ................................................................................. 42
(E) OPENING STATEMENTS AND CLOSING ARGUMENTS ........................................ 42
CIVIL RULE 51.1 ....................................................................................................................... 43
CIVIL JURY INSTRUCTIONS ................................................................................................ 43
(A) DEADLINES .................................................................................................................... 43
(B) FORM OF REQUESTED INSTRUCTIONS ................................................................... 43
CIVIL RULE 54.1 ....................................................................................................................... 44
COSTS AND ATTORNEY’S FEES .......................................................................................... 44
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(A) COSTS .............................................................................................................................. 44
(1) DISTRICT COURT COSTS ................................................................................ 44
(2) COSTS ON APPEAL TAXABLE IN THE DISTRICT COURT ........................ 45
(B) ATTORNEY’S FEES ....................................................................................................... 45
CIVIL RULE 72.1 ....................................................................................................................... 46
UNITED STATES MAGISTRATE JUDGES ......................................................................... 46
(A) ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES ...................................... 46
(B) DUTIES IN CIVIL MATTERS ........................................................................................ 46
(C) CIVIL CASE CONSENT PROCEDURE ........................................................................ 47
(1) NOTICE UPON FILING OF COMPLAINT ....................................................... 47
(2) DIRECT ASSIGNMENT ..................................................................................... 48
(3) LATER CONSENT .............................................................................................. 48
(D) REVIEW AND APPEAL ................................................................................................. 48
(1) APPEAL FROM JUDGMENTS IN CIVIL CONSENT CASES......................... 48
(2) OBJECTION TO NON-DISPOSITIVE ORDER ................................................. 48
(3) OBJECTION TO REPORT AND RECOMMENDATIONS ............................... 49
CRIMINAL RULE 6.1 ............................................................................................................... 50
GRAND JURIES ......................................................................................................................... 50
(A) NAMES OF GRAND JURORS ....................................................................................... 50
(B) GRAND JURY DOCUMENTS ....................................................................................... 50
(C) MOTIONS TO QUASH ................................................................................................... 50
CRIMINAL RULE 7.1 ............................................................................................................... 51
SUPERSEDING INDICTMENTS ............................................................................................ 51
CRIMINAL RULE 17.1 ............................................................................................................. 52
SUBPOENAS .............................................................................................................................. 52
(A) SUBPOENAS TO PRO SE PARTY................................................................................. 52
(B) CONFIDENTIALITY OF SUBPOENA SERVICE ......................................................... 52
CRIMINAL RULE 23.1 ............................................................................................................. 53
CRIMINAL JURY TRIALS ...................................................................................................... 53
(A) JURY SELECTION .......................................................................................................... 53
(B) DISCLOSURE OF JUROR NAMES ............................................................................... 53
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(C) JURY SIZE ....................................................................................................................... 53
(D) EXAMINATION OF WITNESSES ................................................................................. 54
(E) OPENING STATEMENTS AND CLOSING ARGUMENTS ........................................ 54
CRIMINAL RULE 26.1 ............................................................................................................. 55
EXHIBITS ................................................................................................................................... 55
(A) MARKING EXHIBITS .................................................................................................... 55
(B) CUSTODY OF EXHIBITS .............................................................................................. 55
(C) SENSITIVE EXHIBITS ................................................................................................... 55
(D) RETURN OF EXHIBITS ................................................................................................. 56
CRIMINAL RULE 30.1 ............................................................................................................. 57
CRIMINAL JURY INSTRUCTIONS ...................................................................................... 57
(A) DEADLINES .................................................................................................................... 57
(B) FORM OF REQUESTED INSTRUCTIONS ................................................................... 57
CRIMINAL RULE 32.1 ............................................................................................................. 58
PRESENTENCE INVESTIGATION REPORT AND SENTENCING MEMORANDUMS
........................................................................................................................................... 58
(A) PRESENTENCE INVESTIGATION REPORTS ............................................................ 58
(1) CONFIDENTIALITY........................................................................................... 58
(2) REQUEST FOR DISCLOSURE .......................................................................... 58
(3) DISCLOSURE TO AID SEX OFFENDER REGISTRATION ........................... 58
(B) SENTENCING MEMORANDUM .................................................................................. 59
CRIMINAL RULE 45.1 ............................................................................................................. 60
TIME ........................................................................................................................................... 60
CRIMINAL RULE 47.1 ............................................................................................................. 61
MOTIONS ................................................................................................................................... 61
(A) MOTIONS ........................................................................................................................ 61
(1) DEADLINES AND PAGE LIMITS ..................................................................... 61
(2) MOTIONS TO REDUCE SENTENCE................................................................ 61
(3) MOTIONS FOR LEAVE TO FILE ADDITIONAL FILINGS OR TO EXCEED
PAGE LIMITS ...................................................................................................... 61
(4) MOTIONS FOR LEAVE OF COURT ................................................................. 62
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(5) MOTIONS FOR ORAL ARGUMENT ................................................................ 62
(B) GENERAL MATTERS .................................................................................................... 62
(1) DEADLINES FOR PRO SE PARTIES WITHOUT ACCESS TO ELECTRONIC
FILING ............................................................................................................................. 62
(2) SERVICE AND FILING NOT ON SAME DATE ............................................... 62
(3) PROPOSED ORDERS NOT REQUIRED ............................................................ 62
(4) FORM OF FILINGS AND EXHIBITS ................................................................ 62
(5) FAILURE TO FILE MEMORANDUM OR RESPONSE ................................... 63
CRIMINAL RULE 49.1 ............................................................................................................. 64
FILES AND FILING .................................................................................................................. 64
(A) ELECTRONIC CASE FILING (ECF) ............................................................................. 64
(B) FORM ............................................................................................................................... 64
(C) SEALED DOCUMENTS AND SEALED FILES ............................................................ 64
CRIMINAL RULE 59.1 ............................................................................................................. 66
UNITED STATES MAGISTRATE JUDGES ......................................................................... 66
(A) ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES ...................................... 66
(1) GENERAL ASSIGNMENT ................................................................................. 66
(2) CASE ASSIGNMENT.......................................................................................... 66
(B) DUTIES IN CRIMINAL MATTERS ............................................................................... 67
(C) FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE ................................ 68
(D) REVIEW AND APPEAL ................................................................................................. 68
(1) APPEAL FROM JUDGMENTS IN MISDEMEANOR CASES ......................... 68
(2) OBJECTION TO NON-DISPOSITIVE ORDER ................................................. 69
(3) OBJECTION TO REPORT AND RECOMMENDATIONS ............................... 69
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GENERAL RULES
GENERAL RULE 1.1
DIVISIONS
The State of North Dakota constitutes one (1) judicial district divided into two (2) divisions. The
counties comprising each division are as follows:
(1) Western Division: Adams, Billings, Bottineau, Bowman, Burke, Burleigh, Divide,
Dunn, Emmons, Golden Valley, Grant, Hettinger, Kidder, Logan, McHenry,
McIntosh, McKenzie, McLean, Mercer, Morton, Mountrail, Oliver, Pierce,
Renville, Sheridan, Sioux, Slope, Stark, Ward, Wells, and Williams.
(2) Eastern Division: Barnes, Benson, Cass, Cavalier, Dickey, Eddy, Foster, Grand
Forks, Griggs, LaMoure, Nelson, Pembina, Ramsey, Ransom, Richland, Rolette,
Sargent, Steele, Stutsman, Towner, Traill, and Walsh.
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GENERAL RULES
GENERAL RULE 1.2
OFFICE OF THE CLERK
The clerk maintains offices in Bismarck and Fargo, with the headquarters in Bismarck. The clerk’s
offices must be open during regular business hours each day, Monday through Friday, except for
legal holidays as defined in Fed. R. Civ. P. 6(a)(6), Fed. R. Crim. P. 56(c), or when closed by court
order.
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GENERAL RULES
GENERAL RULE 1.3
ATTORNEYS
(A) ROLL OF ATTORNEYS
The bar of this court consists of those attorneys admitted to practice in this district.
(B) ELIGIBILITY
A member in good standing of the bar of another federal court, the highest court of any state, or
the District of Columbia may apply for admission to the bar of this court.
(C) PROCEDURE FOR ADMISSION
(1) An applicant for admission to the bar of this court must apply for admission via
PACER.gov. Detailed instructions are on the court’s website.
(2) An applicant for admission to the bar of this court must pay the admission fee set
by the Judicial Conference of the United States plus an additional local admission
fee. An attorney representing the United States, or an agency thereof, or employed
by the Office of the Federal Public Defender is exempt from paying the admission
fee.
(3) The determination of an applicant’s character and fitness to practice before this
court is a matter within the sole discretion of the court. Before an applicant is denied
admission, the applicant will be given notice and an opportunity to be heard.
(4) An applicant for admission to the bar of this court must adhere to the North Dakota
Rules of Professional Conduct in matters of discipline and agree to comply with
these rules.
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GENERAL RULES
(D) PRO HAC VICE ADMISSION
An attorney not admitted to practice before this court may be admitted pro hac vice to represent a
client in a single case. An attorney applying for pro hac vice admission must adhere to the North
Dakota Rules of Professional Conduct in matters of discipline and agree to comply with these
rules. In addition, the attorney must pay a local admission fee. Detailed instructions for applying
to appear pro hac vice are on the court’s website.
An attorney representing the United States, or an agency thereof, or employed by the Office of the
Federal Public Defender is not permitted to appear pro hac vice and must apply for full admission.
(E) APPEARANCES
An attorney may not participate in a proceeding before the court until the attorney’s name has been
entered with the court as an attorney of record unless the attorney is anticipating appointment by
the court, or the court has granted the attorney leave to appear.
(F) SUBSTITUTION AND WITHDRAWAL OF ATTORNEYS
(1) Notice of Substitution.
A notice of substitution may be filed only if an attorney from a law firm or agency
replaces another attorney from the same law firm or agency.
(2) Motion to Substitute.
A motion to substitute must be filed if a change of representation includes an
attorney from a different law firm or agency. The attorney assuming
representation in the case must serve and file a motion to substitute, establishing
good cause for the change of representation. An attorney ceasing representation is
not relieved of their duties to the court, the client, or to an opposing attorney until
the court has granted the motion for substitution.
(3) Motion to Withdraw.
An attorney who has appeared as attorney of record in a case and who is seeking to
withdraw from the representation must serve and file a motion to withdraw,
establishing good cause for withdrawing. The attorney seeking to withdraw must
serve their client with the motion unless another attorney from the same law firm
or agency will continue to represent the client. The attorney seeking to withdraw is
not relieved of their duties to the court, the client, or to an opposing attorney until
the court has granted the motion to withdraw.
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GENERAL RULES
(4) Appearing on Behalf of an Attorney of Record.
An attorney who is admitted to practice before this court may appear on behalf of
an attorney of record without filing a notice of appearance or a notice of substitution
in the event of an emergency or a scheduling conflict.
(G) CONTINUED DUTIES
An attorney admitted to practice under this rule must promptly update PACER with change of
name, business address, telephone number, or email address. An attorney admitted to practice
under this rule must remain a member in good standing of the bar of another federal court, the
highest court of any state, or the District of Columbia.
(H) DISCIPLINARY ENFORCEMENT
(1) A member of the bar may be disbarred, suspended from practice for a definite time,
reprimanded, or subjected to other discipline as the court may deem proper, upon a
showing of good cause and after the court has afforded the attorney the opportunity
for a hearing. Pending a hearing, the court may temporarily suspend an attorney or
impose other restrictions the court deems appropriate under the circumstances. The
court may order an attorney who has been disciplined by this court to notify all
other jurisdictions in which the attorney is admitted of this court’s discipline.
(2) If an attorney admitted to practice before this court is convicted of a serious crime,
subject to public discipline, disbarred by another jurisdiction, or has otherwise
breached standards of the North Dakota Rules of Professional Conduct or the
standards of professional conduct of a jurisdiction to which the attorney is admitted,
the court may enter an order requiring the attorney to appear before the court and
show good cause why the attorney should not be disciplined by this court. The clerk
must immediately serve a copy of the show cause order upon the attorney.
Following the issuance of a show cause order, the court may refer the matter to the
United States Attorney or to another attorney appointed by the court for
investigation and prosecution or the formulation of other recommendations as may
be appropriate. The clerk must serve a suspension order on the attorney by certified
mail at the address shown in PACER. The order may require the
respondent-attorney to show cause within thirty (30) days after service why the
attorney should not be disciplined. If the attorney responds, the matter must
promptly be set for a hearing before one or more judges of this court. If the attorney
fails to respond within the required time, the court may take disciplinary action as
may be appropriate under the circumstances.
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GENERAL RULES
A prosecuting attorney may file a motion requesting an award of reasonable fees
and costs expended during a disciplinary investigation or prosecution. Reasonable
fees and costs, if awarded, may be taxed against the respondent-attorney, who must
make immediate payment.
(3) An attorney may be subject to appropriate disciplinary action if, before admission
to the bar of this court or after disbarment or suspension from the bar of this court,
the attorney exercises the privileges of a member of the bar in an action or
proceeding in this court or pretends to be entitled to do so.
(4) The clerk must promptly notify the National Lawyer Regulatory Data Bank,
operated by the American Bar Association, of an order imposing public discipline
on an attorney admitted to practice before this court.
(I) REINSTATEMENT
(1) An attorney who has been disbarred or suspended may file a motion for
reinstatement with the clerk. Upon receipt of the motion, the court may refer the
motion to the United States Attorney or to another attorney appointed by the court
for investigation and preparation of a report. The matter may be set for a hearing
before one or more judges of this court. The movant has the burden to demonstrate
by clear and convincing evidence that the movant possesses the moral qualification,
competency, and knowledge of the law required for admission to practice before
this court. The movant must also demonstrate that their reinstatement is not
detrimental to the integrity of the bar or to the administration of justice, or contrary
to the public interest.
(2) An attorney who has been suspended or permanently disbarred by another
jurisdiction and thereafter reinstated by that jurisdiction is not, solely by reason of
reinstatement, permitted to practice in this court.
An attorney who has been reinstated to practice in another jurisdiction may file a
motion for reinstatement to the bar of this court, supported by a certified copy of
the order of reinstatement with the Bismarck clerk’s office.
The movant must file a brief that sets forth the grounds of the suspension or
disbarment, the grounds for reinstatement, and other facts supporting the motion
for reinstatement to practice in this court.
(3) Upon receiving the final determination by the court of the motion for reinstatement,
the clerk must file and enter the order and advise the movant.
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GENERAL RULES
GENERAL RULE 1.4
STUDENT PRACTICE RULE
(A) GENERAL PROVISIONS
A student who meets the requirements of this rule may exercise limited privileges as a member of
the bar in the particular case for which the student is admitted. The student may only practice under
the immediate supervision of a member of this bar. The supervising attorney remains as attorney
of record in the case until further court order or until entry of a final order disposing of the case.
A student admitted to practice under this rule is not required to pay an admission fee.
(B) STUDENT REQUIREMENTS
To be admitted to practice as a student member of the bar, an applicant must meet the following
qualifications:
(1) the applicant must be
(a) a full-time student at an American Bar Association accredited law school
and have completed at least four (4) semesters or equivalent time of law
study;
(b) currently enrolled in a clinical education program at an American Bar
Association accredited law school and have completed at least three (3)
semesters or equivalent time of law study; or
(c) a graduate of an American Bar Association accredited law school, studying
to write a state’s bar examination or awaiting bar examination results; and
(2) the applicant must be knowledgeable regarding the Federal Rules of Civil
Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Evidence,
the North Dakota Rules of Professional Conduct, and these rules.
(C) ADMISSION PROCEDURE
(1) A member of this bar who has entered an appearance in a case may make a motion
to admit a student who is qualified under this rule.
(2) The attorney must attach to the motion the client’s written consent to student
representation.
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GENERAL RULES
(3) Unless made in open court, a copy of the motion must be served on all other parties.
(4) The court will inform the movant, the student applicant, and all parties of the court’s
ruling on the motion.
(D) STUDENT PRACTICE LIMITATIONS
(1) A student practicing under this rule may not appear in more than four (4) cases
pending in this court.
(2) A student may not request or receive compensation or remuneration from the client.
This limitation does not preclude payment of compensation to the student by the
supervising attorney, or by that attorney’s law firm or employing institution, in the
manner in which compensation is normally paid to law-student clerks. This
limitation also does not preclude the supervising attorney from receiving payments
under the Criminal Justice Act or similar statutes for work performed by an
admitted student under supervision.
(3) A student practicing under this rule is not eligible to receive access to Electronic
Case Filing (ECF).
(E) SUPERVISING ATTORNEY REQUIREMENTS
An attorney supervising a student practicing under this rule must:
(1) Actively and personally attend to supervisory responsibilities, including
professional responsibility for the student;
(2) Be present with the student at appearances in court or at depositions;
(3) Read, approve, and co-sign documents prepared in the case by the student;
(4) Possess sufficient trial practice experience and competence to assure that
supervision of the student’s work is constructive and likely to be of educational
value to the student; and
(5) Be available to the judges to assist them in administration of this rule and in their
continuing evaluation of the student practice program.
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GENERAL RULES
GENERAL RULE 1.5
USE OF ELECTRONIC DEVICES
[REPEALED October 6, 2025]
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Effective October 6, 2025
GENERAL RULES
GENERAL RULE 1.6
COURTROOM CONDUCT AND USE OF ELECTRONIC DEVICES
(A) INSPECTION
An individual may enter a courthouse building only if the individual has submitted to inspection
of their person and any items in the individual’s possession, if requested by the United States
Marshals Service or a court security officer.
(B) COURTROOM CONDUCT
When court is in session, individuals must take a seat immediately upon entering the courtroom
and conduct themselves in a quiet, orderly, and respectful manner. Individuals must be fully
clothed in attire suitable to the maintenance of the dignity of the court. Individuals may not chew
gum or bring food into the courtroom while court is in session. Individuals may not enter or leave
the courtroom while the court is charging a jury, except in an emergency. Individuals leaving a
courtroom while court is in session or during a recess may not loiter in the halls and must abide by
this rule to reenter.
(C) ELECTRONIC DEVICES
Devices are allowed in the courthouse, including courtrooms. In a courtroom, devices must be
turned off or muted, and authorized use of a device must be minimally disruptive.
A device may not be used to photograph, record, broadcast, store, or send images or sounds of an
individual or thing in a courtroom or its surrounding areas, judge’s chambers, jury room, clerk’s
office, or building corridor on a floor on which a courtroom, judge’s chambers, or jury room is
located. However, a judge may permit (a) the use of electronic or photographic means for the
presentation of evidence or the perpetuation of a record, and (b) the broadcasting, recording, or
photographing of ceremonial or naturalization proceedings.
(D) EXCLUSION AND INSPECTION
The United States Marshals Service and court security officers may exclude from a courtroom,
prohibit from a courthouse, or confiscate a device if there is reason to believe the user of the device
has violated this rule. A device may be subject to visual and electronic inspection by the United
States Marshals Service and court security officers. An inspection may include a demonstration of
the device’s functionality by the individual in possession of the device.
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GENERAL RULES
GENERAL RULE 1.7
STIPULATIONS
An agreement or consent between the parties or the parties’ attorneys in respect to proceedings in
this court is not binding, unless the agreement or consent is: (1) signed by all parties or the parties’
attorneys, filed, and adopted by the court; or (2) made in open court, on the record, and adopted
by the court.
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GENERAL RULES
GENERAL RULE 1.8
COURT REPORTER TRANSCRIPTS
If a party orders a transcript, the party requesting the transcript (unless the appellant is proceeding
in forma pauperis) must pay to the court reporter the fee fixed by the Judicial Conference of the
United States. The public may obtain from the clerk copies of transcripts filed as part of an official
file by paying a fee at the rate fixed by the Judicial Conference of the United States or, in the
alternative, from the official court reporter at the rate fixed by the Judicial Conference of the United
States.
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GENERAL RULES
GENERAL RULE 1.9
FEES
A party must pay, in advance, all fees required by statute or by the Judicial Conference of the
United States, except if a party is authorized by court order to proceed in forma pauperis or in
exigent circumstances as authorized by court order.
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Effective October 6, 2025
GENERAL RULES
GENERAL RULE 1.10
DEPOSIT AND WITHDRAWAL OF FUNDS WITH THE COURT
(A) GENERAL
(1) NON-INTEREST-BEARING FUNDS
The clerk must deposit non-interest-bearing funds (e.g., bonds in criminal cases,
condemnation proceeds) in the local registry of the court.
(2) INTEREST-BEARING FUNDS
The clerk must deposit interest-bearing funds (e.g., deposits under Fed. R. Civ. P.
67) in the registry of the court in the Court Registry Investment System (CRIS),
subject to withdrawal upon court order. The Director of the Administrative Office
of the United States Courts is designated as custodian for the CRIS. The custodian
must deduct from the income earned fees, as set by the Director of the
Administrative Office of the United States Courts.
(3) INTERPLEADER FUNDS
Interpleader funds deposited under 28 U.S.C. ' 1335 are considered a Disputed
Ownership Fund (DOF), a taxable entity that requires tax administration. Unless
otherwise ordered by the court, the interpleader funds must be deposited in the DOF
established within the CRIS and administered by the Administrative Office of the
United States Courts, which is responsible for meeting DOF tax administration
requirements. The custodian is authorized and directed to deduct the DOF fee on
assets deposited in the DOF for management of investments and tax administration.
The custodian must withhold and pay federal taxes due on behalf of the DOF.
(4) COMPLIANCE
A party is responsible for supplying the court with the information required by this
rule.
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GENERAL RULES
(B) DEPOSIT OF FUNDS
(1) NON-INTEREST-BEARING FUNDS
Before depositing funds with the clerk, a party must obtain a court order directing
the funds be deposited in the court’s local registry.
(2) INTEREST-BEARING FUNDS
(a) Before depositing funds that are to be interest bearing with the clerk, a party
must obtain a court order including:
(i) the amount to be invested; and
(ii) language authorizing the custodian to deduct the applicable fees and
taxes, without further court order.
(b) The instrument to be deposited in the registry must be made payable to the
United States District Court. Third-party checks are not accepted. Funds
must be forwarded to the Fargo clerk’s office for deposit.
(c) The following guidelines govern the deposit of interest-bearing registry
funds:
(i) Interest-bearing registry funds must be invested in the CRIS.
(ii) The clerk must promptly deposit the funds.
(C) WITHDRAWAL OF FUNDS
Funds deposited in the registry of the court may be withdrawn only upon court order. Unless
otherwise ordered by the court, withdrawals of registry funds are made by check only.
(1) WITHDRAWAL OF NON-INTEREST-BEARING FUNDS
Cash bonds are distributed only by a court order. Unless the court orders otherwise,
cash deposited as security on a bond is refunded as provided in the affidavit of
ownership filed under D.N.D. Gen. L.R. 1.11.
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GENERAL RULES
(2) WITHDRAWAL OF INTEREST-BEARING FUNDS
(a) Before the court issues an order disbursing interest-bearing funds, a party
must file, under seal, a document setting forth the following:
(i) the full mailing instructions for each disbursement check, including
full address and zip code; and
(ii) a completed IRS Form W-9 or an AO-213.
(b) An order disbursing interest-bearing funds must contain the following:
(i) the principal sum initially deposited;
(ii) direction for the custodian to distribute the interest; and
(iii) the amount of the principal sum to be disbursed to each payee.
(3) COMPLIANCE
Disbursements of funds are not made until the above information is provided to the
clerk.
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GENERAL RULES
GENERAL RULE 1.11
BONDS
(A) SECURITY PROVIDER LIMITATIONS
A member of the bar or an employee of this court may not serve as a security provider on a bond,
other security, or undertaking in an action or proceeding in this court. However, a member of the
bar may serve as a security provider for a family member or closely related individual who is not
a client.
(B) CORPORATE SECURITY PROVIDER
On an undertaking in which the United States is the obligee, a corporate security provider must be
qualified in accordance with 31 U.S.C. '' 9301-9310. The parties must consult with the
Department of Treasury listing of companies to confirm a security provider is qualified. In all
other instances, a corporate security provider qualified to write bonds or other securities in the
State of North Dakota is acceptable. A power of attorney showing the authority of the agent
signing the bond or other security must be attached to the bond or other security.
(C) PERSONAL SECURITY PROVIDER
The court may accept a personal security provider if the execution and filing of a written bond or
other security contains terms and conditions acceptable to the court, including the sufficiency and
amount of collateral that may be required.
(D) CASH BONDS AND PERSONAL PROPERTY
Upon execution and filing of a written bond, a party must deposit cash or other personal property
with the court. Unless otherwise ordered by the court, each deposit of cash or personal property
must be accompanied by an affidavit of ownership, which must include the owner’s full address
and zip code. An affidavit of ownership will presumptively establish the identity of the property’s
owner. Withdrawal of cash or other personal property deposited with the court may be made only
upon written court order according to the provisions of D.N.D. Gen. L.R. 1.10(C).
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GENERAL RULES
(E) COST BONDS OR OTHER SECURITIES
The court, on motion or on its own initiative, may order a party to file a bond or other security for
costs or additional security for costs in an amount and conditioned by terms imposed by the court.
(F) INSUFFICIENCY AND REMEDY
A party may object to the form or timeliness of a bond or other security or the sufficiency of the
security provider. If the court finds a bond or other security to be insufficient, the court may order
that a sufficient bond or other security be filed within a stated time. If the party required to file the
bond or other security does not comply, the court may dismiss the case or take other appropriate
action.
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GENERAL RULES
GENERAL RULE 1.12
NON-APPROPRIATED FUND
(A) DEPOSIT
The clerk must deposit local attorney admission and pro hac vice fees in a non-appropriated fund.
(B) USE
The non-appropriated fund may be used only to benefit the bar and bench in the administration of
justice. The fund must not be used to supplement appropriated funds or to supplement the salary
of a judiciary employee.
(C) PLAN
The clerk must maintain a written plan for the administration and operation of the non-appropriated
fund.
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GENERAL RULES
GENERAL RULE 1.13
HIGHLY SENSITIVE DOCUMENTS
A Highly Sensitive Document (HSD) is a document or other material that contains sensitive, but
unclassified information that, if disclosed, could have significant national or international
repercussions. The court anticipates relatively few documents will be classified as HSDs. In
determining whether a document is an HSD, factors to be considered might include whether the
case involves matters of national security, foreign sovereign interests, cybersecurity, or especially
sensitive public corruption investigations; the extent of domestic or international interests; highly
exploitable intellectual property, trade secrets, financial information, or computer source code; or
the reputational interests of the United States. A document that meets one or more of these criteria
may be classified as an HSD only upon motion and court order.
The following types of documents are unlikely to be classified as HSDs:
A. Presentence investigation reports and pretrial release reports and documents related
to those reports;
B. Documents related to cooperation in criminal cases;
C. Social Security records;
D. Administrative records in immigration cases;
E. Search warrant applications;
F. Interception of wire, oral, or electronic communications under 18 U.S.C. § 2518;
G. Application for pen registers, trap, and trace devices; and
H. Most sealed filings in civil cases.
Instructions for filing a motion to designate a document as an HSD are on the court’s website.
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CIVIL RULES
CIVIL RULE 3.1
CASE ASSIGNMENT
(A) DIVISION ASSIGNMENT AND OBJECTIONS
Civil cases must be assigned to and tried in the division where the action arose or where the
defendant resides. D.N.D. Gen. L.R. 1.1 sets forth the counties comprising each division.
The plaintiff must designate the appropriate division in the caption of the complaint. If a party
believes the case has been assigned to the wrong division, a party must object within the time
period for answering either by including an objection in the answer or by filing a motion seeking
a change in the division assignment, except in removal cases. In removal cases, a party must object
within thirty (30) days from the notice of removal. The failure to timely object constitutes a waiver
of an objection to the division assignment.
(B) REASSIGNMENT OR CHANGE OF PLACE OF TRIAL
The court may order a change of division assignment or a change in the place of trial upon timely
motion made by a party when the initial division assignment is improper, upon stipulation of the
parties, or in the court’s discretion.
(C) DIRECT ASSIGNMENT CASES
A percentage of civil cases are assigned to magistrate judges in accordance with the court’s Plan
for Direct Assignment of Civil Cases to a Magistrate Judge. If all parties consent in writing to the
magistrate judge’s exercise of civil trial jurisdiction, the case will remain assigned to the magistrate
judge for all purposes, including trial and entry of final judgment.
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CIVIL RULES
CIVIL RULE 4.1
SERVICE OF PROCESS AND COURT ORDERS
(A) SERVICE BY UNITED STATES MARSHALS SERVICE
The United States Marshals Service is relieved from serving civil process and court orders for non-
federal litigants except as required by law or court order for good cause shown.
(B) APPOINTMENT OF SPECIAL PROCESS SERVERS
State sheriffs and their deputies are specially appointed to serve and execute civil process and court
orders under Fed. R. Civ. P. 4 and 4.1 without court order.
(C) PROOF OF SERVICE OF SUBPOENAS
A party must retain proof of service of subpoenas until the entry of a final non-appealable judgment
or dismissal. A party may not file proof of service of subpoenas unless required to support a
contested issue or unless ordered by the court.
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CIVIL RULES
CIVIL RULE 5.1
FILES AND FILING
(A) ELECTRONIC CASE FILING (ECF)
The specific requirements, procedures, and limitations of ECF are in the Administrative Policy
Governing Electronic Filing and Service.
(B) FORM
(1) Documents for filing must be on standard size (8 ½" x 11") paper or equivalent
PDF format, with page numbers at the bottom of each page.
(2) Text must appear on only one side of the page with a minimum margin of one inch
(1"). Text must be typeset with 12-point font or larger and must be double-spaced,
except the title of the case and quoted material may be single-spaced.
(3) Documents offered for filing, after the initial pleading, except exhibits, must be in
pleading format, each containing the venue, case title, and file number.
(C) SEALED DOCUMENTS AND FILES
The filing of sealed documents and files is governed by the Administrative Policy Governing
Electronic Filing and Service. A party seeking to file a document under seal must comply with
the Guide to Filing Sealed Documents and Motions, which addresses requirements for motions
seeking to seal a document in its entirety and motions seeking to seal only portions of a document.
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CIVIL RULES
CIVIL RULE 6.1
TIME
[REPEALED October 6, 2025]
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CIVIL RULES
CIVIL RULE 7.1
MOTIONS
(A) MOTION TYPES
(1) DISPOSITIVE MOTIONS
(a) DEADLINES AND PAGE LIMITS
A dispositive motion is one which seeks relief, whether partial or complete,
under Fed. R. Civ. P. 12 or 56. When serving and filing a dispositive motion,
the moving party must contemporaneously serve and file a memorandum in
support not to exceed forty (40) pages. The adverse party has twenty-eight
(28) days after service and filing of the memorandum in support to serve
and file a response not to exceed forty (40) pages. The moving party has
fourteen (14) days after service and filing of the response to serve and file
a reply not to exceed ten (10) pages. A table of contents and a table of
authorities, if a party chooses to include them, are excluded from the page
limits described above.
DISPOSITIVE MOTION DEADLINES AND PAGE LIMITS
DAYS PAGES
Memorandum in Support of Motion 40
Response 28 40
Reply 14 10
(b) MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY
JUDGMENT
A memorandum in support of a motion for summary judgment must
contain, separate from the argument section of the memorandum, a
recitation of the material facts the moving party claims are uncontested. The
statement of facts may be in narrative form, but each significant material
fact must be supported by reference to specific pages, paragraphs, or parts
of the pleadings, depositions, answers to interrogatories, exhibits, and
affidavits that have been served and filed with the court and that conform to
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CIVIL RULES
the requirements of Fed. R. Civ. P. 56(c). A party’s failure to comply with
this rule may result in the denial of the motion.
(c) RESPONSE TO MOTION FOR SUMMARY JUDGMENT
A response to a motion for summary judgment must state the facts upon
which the party opposing summary judgment relies and must clearly
identify those facts the opposing party claims are contested. The recitation
of facts in the response may be in narrative form, but must be supported by
reference to specific pages, paragraphs, or parts of the pleadings,
depositions, answers to interrogatories, exhibits, and affidavits that have
been served and filed with the court and that conform to the requirements
of Fed. R. Civ. P. 56(c). The party opposing summary judgment must
clearly explain in the argument section of the response why the facts
claimed to be contested are material to the matters at issue. A party’s failure
to comply with this rule may result in granting of the motion.
(2) NON-DISPOSITIVE MOTIONS
A non-dispositive motion is a motion not outlined in subsection (A)(1) or otherwise
designated by the court as a dispositive motion. When serving and filing a non-
dispositive motion, the moving party must contemporaneously serve and file a
memorandum in support not to exceed twenty (20) pages. The adverse party has
fourteen (14) days after service and filing of a memorandum in support to serve and
file a response not to exceed twenty (20) pages. The moving party has seven (7)
days to serve and file a reply not to exceed seven (7) pages. A table of contents and
a table of authorities, if a party chooses to include them, are excluded from the page
limits described above.
NON-DISPOSITIVE MOTION DEADLINES & PAGE LIMITS
DAYS PAGES
Memorandum in Support of Motion 20
Response 14 20
Reply 7 7
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CIVIL RULES
(3) MOTIONS FOR INJUNCTIVE RELIEF
(a) Deadlines. The deadlines for responses and replies outlined in subsection
(A)(1)(a) also apply to briefing on motions for preliminary injunctions and
other injunctive relief, except for motions for temporary restraining orders.
Motions for temporary restraining orders are governed by Fed. R. Civ. P.
65.
(b) Page Limits. The page limits outlined in subsection (A)(1)(a) also apply to
briefing on motions for temporary restraining orders, preliminary
injunctions, and other injunctive relief.
(4) MOTIONS FOR LEAVE OF COURT TO FILE ADDITIONAL FILINGS OR
TO EXCEED PAGE LIMITS
A party must serve and file a motion for leave of court to file additional filings or
filings that exceed the page limits described in (A)(1), (A)(2), and (A)(3). Leave of
court is granted only upon a showing of good cause. A memorandum in support of
a motion for leave of court to file an additional filing or to file a filing that exceeds
the page limits is not required but, if filed, may not exceed two (2) pages.
(5) MOTIONS AND STIPULATIONS FOR LEAVE TO FILE AMENDED
DOCUMENT
A party filing a motion for leave of court or a stipulation to file an amended
document must file the proposed document as an attachment to the motion or
stipulation.
A party moving or stipulating to amend or supplement a pleading must file a version
of the amended or supplemental pleading that identifies proposed changes.
(6) MOTIONS FOR ORAL ARGUMENT
The court may order oral argument on its own or upon a party’s motion. A
memorandum in support of the motion for oral argument is not required but, if filed,
may not exceed two (2) pages.
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CIVIL RULES
(B) GENERAL MATTERS
(1) DEADLINES FOR PRO SE PARTIES WITHOUT ACCESS TO ELECTRONIC
FILING
Under Fed. R. Civ. P. 6(d), pro se parties without access to electronic filing are
often allowed three (3) additional days when calculating the deadlines in this rule.
(2) SERVICE AND FILING NOT ON SAME DATE
A party’s time to respond or reply does not begin until after the service and filing
of the motion or response, whichever is later.
(3) PROPOSED ORDERS NOT REQUIRED
Unless otherwise ordered, a proposed order should not be filed.
(4) FORM OF FILINGS AND EXHIBITS
(a) A party must serve and file a complete PDF copy of a deposition or other
transcript offered in support of or in opposition to a motion.
(b) A party must serve and file each exhibit offered in support of or in opposition
to a motion as a separate attachment with a sufficiently detailed description,
so the attachment is readily identifiable. A party may not file a document
already on file with the court but must instead refer to the docket number
assigned to the filed document.
(5) FAILURE TO FILE MEMORANDUM OR RESPONSE
A party’s failure to serve and file a memorandum or a response within the
prescribed time may subject a motion to summary ruling. A moving party’s
failure to serve and file a memorandum in support may be deemed an admission
that the motion is without merit. An adverse party’s failure to serve and file a
response to a motion may be deemed an admission that the motion is well taken.
(C) AMICUS CURIAE BRIEFS
(1) The United States or its officer or agency; a State, Territory, or Commonwealth; or
the District of Columbia may file an amicus curiae brief without the consent of the
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Effective October 6, 2025
CIVIL RULES
parties or leave of court. Other amicus curiae may file a brief only with leave of
court or if the brief states all parties have consented to its filing.
(2) A motion for leave to file an amicus curiae brief must state the movant’s interest,
the reasons an amicus curiae brief is desirable, and how the matters asserted are
relevant to the disposition of the case. A motion for leave to file an amicus curiae
brief must be accompanied by the proposed brief.
An amicus curiae must serve and file its motion for leave to file an amicus curiae
brief and its proposed brief no later than seven (7) days after the party being
supported files a memorandum in support of a motion or response to a motion
unless otherwise ordered by the court.
(3) An amicus curiae who may file a brief without leave of court must serve and file
its brief no later than seven (7) days after the party being supported files a
memorandum in support of a motion or response to a motion unless otherwise
ordered by the court.
(4) Unless otherwise ordered by the court, an amicus curiae brief may not exceed
twenty (20) pages.
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CIVIL RULES
CIVIL RULE 7.1.1
DISCLOSURE STATEMENT
Every non-government organizational party or intervenor must file either a Corporate Disclosure
Statement (disclosure statement) or a certificate that Fed. R. Civ. P. 7.1 is not applicable (certificate
of non-applicability). Information provided under this rule may be used by the assigned judge to
determine whether recusal is necessary and to confirm jurisdiction is proper. The disclosure
statement or certificate of non-applicability must be filed within fourteen (14) days of the party’s
first filing or entry of appearance.
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CIVIL RULES
CIVIL RULE 16.1
CIVIL CASE MANAGEMENT
The court will hold pretrial conferences as required by Fed. R. Civ. P. 16(b) and as otherwise
ordered by the court. The following categories of actions are exempt from Rule 16(b) scheduling
conferences unless otherwise ordered by the court:
(1) IRS enforcement actions;
(2) eminent domain proceedings;
(3) forfeitures;
(4) habeas corpus actions (28 U.S.C. '' 2241, 2254, and 2255; and 25 U.S.C. ' 1303);
(5) Freedom of Information Act proceedings;
(6) enforcement of out-of-state judgments;
(7) appeals from the bankruptcy court;
(8) appeals from administrative agency decisions (including the Social Security
Administration);
(9) actions brought by the United States to collect debts or recover benefit payments;
(10) actions in which one of the parties is incarcerated and appears pro se;
(11) student loan cases;
(12) overpayment of Veterans Administration benefits;
(13) admission to or revocation of citizenship;
(14) arbitration actions (to set aside, confirm, or compel arbitration);
(15) actions to compel testimony or production of documents;
(16) actions to enforce or quash administrative summons or subpoenas;
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(17) cases not reported for statistical purposes as “filed” cases (e.g., registration of
foreign judgments, grand jury matters, in forma pauperis requests which are denied,
disbarment or reinstatement of attorneys);
(18) foreclosure actions; and
(19) mandamus actions (28 U.S.C. ' 1361).
In any case, a party may request a pretrial conference.
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CIVIL RULES
CIVIL RULE 16.2
ALTERNATIVE DISPUTE RESOLUTION (ADR)
(A) AUTHORIZATION
(1) The court authorizes the use of Alternative Dispute Resolution (ADR) in civil cases,
including adversary proceedings in bankruptcy under 28 U.S.C. ' 651.
(2) The primary form of ADR offered by the court is mediation in the form of court-
sponsored settlement conferences conducted by a judge. The court will not offer
arbitration as a court-sponsored ADR process but, in appropriate cases and with the
consent of the parties, the court will facilitate other forms of ADR, such as early
neutral evaluation. The court encourages, but does not require, private ADR as an
alternative to court-sponsored ADR.
(B) DESIGNATION OF CASES
The court strongly encourages participation in ADR at an early stage of each civil case and
requires that the parties in civil cases not excluded under D.N.D. Gen. L.R. 16.1 discuss
early ADR participation and the appropriate timing of ADR. The parties must include in their
Fed. R. Civ. P. 26(f)(3) Scheduling/Discovery Plan the ADR option they choose and the
appropriate timing. Upon request by a party or on the court’s own initiative, the court may
schedule a settlement conference at any stage of the proceeding if the nature of the case, the
amount in controversy, and the status of the case indicate the conference may be beneficial. For
cases in which a magistrate judge is the trial judge, another magistrate judge, a district judge, or a
bankruptcy judge may be available to conduct a settlement conference.
(C) CONFIDENTIALITY
(1) The settlement judge will not inform the trial judge of positions taken by parties
during the ADR process and will only advise the trial judge whether the case settled.
The trial judge will not ordinarily serve as the settlement judge unless the parties
jointly agree otherwise in an appropriate jury case.
(2) The ADR process is confidential and not open to the public. All written and oral
communications by parties or their representatives in relation to court-sponsored
ADR proceedings are deemed confidential. Disclosure of confidential ADR
communications is prohibited, except as authorized by the court or agreed to by the
parties.
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(3) A judge conducting an ADR proceeding may not be called to testify in connection
with a dispute relating to the ADR proceeding or its result except upon written
agreement of the parties and concurrence of the court, or when otherwise required
by law.
(D) ADMINISTRATION
The chief judge is designated to serve as program administrator to implement, oversee, and
evaluate the court’s ADR program and may delegate the authority to an employee or judge as
permitted by 28 U.S.C. ' 651(d).
(E) DISQUALIFICATION
(1) A judge may be disqualified from conducting an ADR proceeding because of bias
or prejudice or for conflict of interest as specified in 28 U.S.C. '' 144 and 455.
(2) A party who believes a judge conducting an ADR proceeding has a conflict of
interest must serve and file a motion for recusal at the earliest opportunity.
(3) Upon disqualification of a judge from conducting an ADR proceeding, the ADR
program administrator will assign another judge to conduct further ADR
proceedings. If the ADR program administrator has been disqualified, another
judge in the district will assign a judge to conduct further ADR proceedings.
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CIVIL RULE 26.1
CIVIL DISCOVERY
(A) SCOPE AND TIMING
The scope of discovery and the time for completion of discovery must be determined at the Fed.
R. Civ. P. 16(b) conference. In cases exempt from a Fed. R. Civ. P. 16(b) conference and in cases
in which the time for completion of discovery has not been specifically provided for by court order,
discovery must be completed thirty (30) days before the scheduled trial date.
(B) FORM
The response to an interrogatory, document request, or request for admissions must set out the
interrogatory or request in full, followed by the response. Parties are encouraged to provide an
electronic courtesy copy of discovery requests to the opposing parties.
(C) FILING
A party may not file discovery materials except when relevant to a pending motion or when
otherwise ordered by the court.
(D) EXEMPTIONS
The following types of proceedings are exempt from the requirements of Fed. R. Civ. P. 26(a)(1),
unless otherwise ordered by the court:
(1) proceedings under Fed. R. Civ. P. 26(a)(1)(B);
(2) bankruptcy appeals;
(3) collection actions; and
(4) foreclosures.
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CIVIL RULE 37.1
CIVIL DISCOVERY MOTIONS
(A) OBLIGATION TO CONFER
A party may not file a motion concerning a discovery or scheduling dispute (e.g., a motion to
compel discovery, motion for sanctions, motion for protective order, or motion to amend
scheduling order) until the parties have conferred, either in person, by telephone, or by other
reliable, real-time electronic means, to make a reasonable, good faith effort to resolve the dispute
without involving the court. A written demand for relief, including a demand through email, is not
sufficient. The moving party must make a reasonable effort to confer, and the opposing party
must make a reasonable effort to participate.
(B) OBLIGATION FOR CONFERENCE WITH MAGISTRATE JUDGE
In addition to the requirements in subsection (A), the parties may not file a motion concerning a
discovery or scheduling dispute until after the parties have participated in a conference with the
assigned magistrate judge unless the court grants leave to file the motion. The parties must contact
the chambers of the assigned magistrate judge to request a conference be scheduled.
(C) SANCTIONS FOR NON-COMPLIANCE
A party’s failure to comply with the requirements of this rule may result in the court summarily
granting or denying the motion, as well as awarding costs and reasonable attorney’s fees.
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CIVIL RULE 41.1
DISMISSAL OF SETTLED CIVIL CASE
Within thirty (30) days after advising the court a case has settled, or within a longer time as the
court may set, the parties must serve and file the documents necessary to terminate the case, unless
the United States is a party. If the United States is a party, the parties must serve and file the
documents necessary to terminate the case within sixty (60) days of advising the court the case has
settled. If the parties fail to do so, the court may order dismissal of the case, but a party may seek
reinstatement of the case by serving and filing a motion to reinstate the case within sixty (60) days
after the date of the order. The motion must show good cause to reinstate the case.
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CIVIL RULE 43.1
EXHIBITS
(A) MARKING EXHIBITS
Before a proceeding, a party must physically mark and number documents and objects expected
to be introduced as exhibits in the proceeding and must follow the requirements of the pretrial
order governing the marking of exhibits. Unless otherwise ordered, the parties must number the
exhibits consecutively, with each party using a separate number with sufficient gaps for
unanticipated or rebuttal exhibits (e.g., the plaintiff using numbers P1-P20 and the defendant using
numbers D50-D70).
(B) CUSTODY OF EXHIBITS
The clerk must retain custody of exhibits that have been offered in evidence unless the court orders
otherwise. Parties retaining custody of exhibits of unusual bulk or weight must permit inspection,
if requested, by another party and bear the responsibility for the exhibits’ safekeeping and
transportation to subsequent proceedings, if necessary.
(C) SENSITIVE EXHIBITS
(1) Sensitive exhibits include controlled substances, authentic or counterfeit currency,
articles of high monetary value, explosives, weapons, firearms, ammunition,
biohazardous materials, contraband of any kind (including child pornography and
child sexual abuse materials), and any other items designated as a sensitive exhibit.
(2) Explosives may not be brought into the courthouse or entered into evidence unless
approved in advance by the court.
(3) A party seeking admission of a sensitive exhibit, other than a firearm, must maintain
the exhibit in a sealed evidence bag or in a manner which prevents direct physical
access to the exhibit. The sealed evidence bag or container may not be opened
except upon direction of the court.
(4) A party seeking admission of a firearm must render the firearm inoperable, with a
weapon lock (such as a trigger guard lock or cable gun lock) or by removing the
firing pin (zip ties are not acceptable). The United States Marshals Service must
inspect the inoperable firearm at the time the firearm is brought into the courthouse.
If a firearm is rendered inoperable by a weapon lock, the key to the lock must be
maintained outside the courtroom.
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(5) Sensitive exhibits may not be sent to a jury room, unless directed by the court.
(6) The court must specify instructions for retention of sensitive exhibits, which may
include retention by the clerk, counsel, a case agent, or other individual. If the
clerk retained custody of a sensitive exhibit during a proceeding, immediately upon
the conclusion of the proceeding, the offering party or other custodian authorized
by the court must take custody of the sensitive exhibit and must execute a receipt
prepared by the clerk.
(D) RETURN OF EXHIBITS
After notice to all parties, the clerk must return exhibits to the offering party or other custodian
authorized by the court. A party or custodian who receives an exhibit must execute a receipt
prepared by the clerk and is responsible for retention and safekeeping of the exhibit for the duration
of subsequent proceedings.
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CIVIL RULE 45.1
SUBPOENAS
The clerk may not issue a blank subpoena to a pro se party except by court order.
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CIVIL RULE 47.1
CIVIL JURY TRIALS
(A) JURY SELECTION
The names of prospective jurors must be selected and drawn in accordance with the court’s Plan
for Random Jury Selection.
(B) DISCLOSURE OF JUROR NAMES
After a petit jury panel is drawn, the clerk must send a list of prospective jurors’ names to each
party in the case.
(C) JURY SIZE
(1) The court may exercise discretion in determining the size of the jury consistent with
Fed. R. Civ. P. 48.
(2) The initial panel for voir dire examination must consist of the number of jurors and
alternate jurors who will try the case, plus the number of individuals equal to the
total number of peremptory challenges that will be allowed.
(3) Unless otherwise ordered by the court, each party may exercise peremptory
challenges, beginning with the plaintiff, striking one (1) juror until each side has
exhausted or waived its peremptory challenges.
(4) The trial jury will consist of those jurors remaining after dismissal of jurors for
cause and the exercise of peremptory challenges. If some peremptory challenges
are not exercised, the trial jury will consist of those jurors remaining, in the order
drawn, after dismissal of jurors for cause and the exercise of peremptory challenges.
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(D) EXAMINATION OF WITNESSES
Only one attorney for a party may examine or cross-examine the same witness, unless
otherwise permitted by the court.
(E) OPENING STATEMENTS AND CLOSING ARGUMENTS
(1) Only one attorney for a party may present an opening statement or closing argument
except by leave of court before the statement or argument begins. Different
attorneys may present the main and rebuttal portions of closing argument without
leave of court.
(2) The court may impose time limits on opening statements and closing arguments.
(3) The plaintiff must open and close the argument, unless otherwise ordered by the
court.
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CIVIL RULE 51.1
CIVIL JURY INSTRUCTIONS
(A) DEADLINES
Each party must serve and file requested jury instructions and a proposed verdict form at least
seven (7) days before the first day of trial, unless ordered otherwise. At any time before closing
arguments, a party may present additional requested instructions relating to issues arising during
the trial.
(B) FORM OF REQUESTED INSTRUCTIONS
Requested jury instructions must be marked with the case number and must designate the party
filing the request. Each requested instruction must be numbered and written on a separate page,
along with a citation to authorities supporting the proposition of law stated in the instruction. A
party requesting an Eighth Circuit or North Dakota pattern jury instruction only needs to designate
the pattern jury instruction number and name, unless the pattern instruction is proposed to be
modified. If the pattern instruction is proposed to be modified, the entire proposed instruction must
be filed and must be clearly identified as modified.
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CIVIL RULE 54.1
COSTS AND ATTORNEY’S FEES
(A) COSTS
(1) DISTRICT COURT COSTS
The parties must serve and file a voluntary agreement with respect to taxable costs
in the form of a written stipulation. If the parties are unable to stipulate to the costs,
the court will apply the following procedures unless otherwise ordered by the court.
A party seeking an award of costs must serve and file a motion for costs no later
than fourteen (14) days after entry of judgment. The motion must be accompanied
by a verified statement of costs that contains (1) for each category of costs being
claimed, a detailed breakdown of each item of claimed costs within the category
with sufficient description so the item can be readily understood, (2) a brief citation
to the statutory or other legal authority that provides for recovery of the category of
claimed costs, and (3) supporting documents the moving party relies upon to
establish the claim of costs.
The moving party’s attorney must verify the statement of costs by affirming the
items are correct, the services were actually and necessarily performed, and the
disbursements were necessarily incurred. A party’s failure to comply with this rule
may be deemed a waiver of the claim for costs.
Each party objecting to the claimed costs must serve and file a response within
fourteen (14) days of service or filing of the motion that (1) sets forth specific
objections to each item of disputed cost, along with a citation to authority for not
awarding the item or category of cost, and (2) includes as exhibits supporting
documents relied upon to contest the claim of costs. A party’s failure to object to a
specific item of cost may be deemed a waiver of an objection to the claimed item.
Within seven (7) days after the response is served and filed, the moving party may
file a reply.
The clerk will tax as part of a judgment only those costs that are awarded by the
court or that have been agreed upon by the parties in a stipulation filed with the
clerk. Filing a motion for costs does not affect the finality and appealability of the
final judgment previously entered.
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(2) COSTS ON APPEAL TAXABLE IN THE DISTRICT COURT
The court will tax costs allowable under Fed. R. App. P. 39(e) in accordance with
this rule if a verified statement of costs is served and filed within fourteen (14) days
of the issuance of a mandate by the court of appeals.
(B) ATTORNEY’S FEES
(1) The time periods and other procedures in this rule, including filing a verified
statement of fees and expenses along with supporting documents, apply to a claim
for attorney’s fees and related nontaxable expenses under Fed. R. Civ. P. 54(d)(2),
unless the recovery of attorney’s fees and expenses is sought against the United
States.
(2) If recovery of attorney’s fees is sought against the United States, a party must serve
and file a motion as provided in 28 U.S.C. ' 2412(d)(1)(B). The United States has
fourteen (14) days from service and filing of the motion to respond. Within seven
(7) days after the response is served and filed, the moving party may file a reply,
but additional documents may be filed only upon court order for good cause shown.
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CIVIL RULE 72.1
UNITED STATES MAGISTRATE JUDGES
Except as hereinafter provided, a United States magistrate judge appointed in this district is
authorized and designated to exercise powers and duties consistent with the United States
Constitution, 28 U.S.C. ' 636, other statutes as may be applicable, and the Federal Rules of Civil
Procedure. These powers and duties include, but are not limited to, those enumerated in this rule.
(A) ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES
The clerk will assign cases or duties in a case to a magistrate judge and allocate duties
among the magistrate judges of the court in accordance with this rule, standing orders of
the court, the court’s Plan for Direct Assignment of Civil Cases to a Magistrate Judge, or
by special reference of a district judge, which reference may be by formal order or informal
request. This rule does not preclude a district judge from reserving a proceeding for
decision of a district judge rather than a magistrate judge. Assignment of duties or cases to
a magistrate judge will generally be based on geographic location of the magistrate judge’s
chambers.
(B) DUTIES IN CIVIL MATTERS
The magistrate judges of this court are authorized and designated to exercise the following
duties in civil matters:
(1) Conduct case management matters, including supervising discovery and holding
status conferences, scheduling conferences, and final pretrial conferences;
(2) Conduct Alternative Dispute Resolution proceedings, including mediation and
settlement conferences, early neutral evaluation, mini-trials, and summary jury
trials;
(3) Rule on all non-dispositive motions (28 U.S.C. ' 636(b)(1)(A)) unless otherwise
directed by a district judge;
(4) Rule on dispositive motions (28 U.S.C. ' 636(b)(1)(B)) by issuing a report and
recommendations upon designation by a district judge, or by final order and
judgment upon consent of all parties (28 U.S.C. ' 636(c)) for final disposition of
the motion (as opposed to disposition of the entire case) by a magistrate judge;
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(5) Conduct all proceedings in cases brought by prisoners challenging conditions of
confinement, including conducting bench trials and issuing a report and
recommendations to the district judge (28 U.S.C. ' 636(b)(1)(B)) (if all parties do
not consent to final disposition by the magistrate judge);
(6) Conduct all pre-trial, trial, and post-trial proceedings and enter final judgment upon
consent of all parties (28 U.S.C. ' 636(c));
(7) Serve as a special master upon designation by a district judge;
(8) Conduct jury voir dire and selection upon direction of a district judge, and in the
absence of the trial judge, preside over return of jury verdicts;
(9) Conduct all proceedings in cases seeking post-conviction review under 28 U.S.C.
'' 2254 or 2241 and 25 U.S.C. ' 1303, including issuing a report and
recommendations to a district judge (28 U.S.C. ' 636(b)(1)(B)) or entering final
judgment upon consent of all parties (28 U.S.C. ' 636(c));
(10) Conduct proceedings under 28 U.S.C. ' 1782 with respect to foreign tribunals and
to litigants before those tribunals;
(11) Issue statutory administrative inspection or search warrants on determination of
probable cause;
(12) Preside over naturalization ceremonies and administer the oath as required by 8
U.S.C. ' 1448(a);
(13) Conduct examination of judgment debtors in accordance with Fed. R. Civ. P. 69;
and
(14) Authorize alternative process servers under Fed. R. Civ. P. 4 and 4.1 and service of
process on an absent defendant under 28 U.S.C. ' 1655.
(C) CIVIL CASE CONSENT PROCEDURE
(1) NOTICE UPON FILING OF COMPLAINT
For civil cases initially assigned to a district judge, the clerk must notify the parties
that the parties may consent to a magistrate judge conducting any or all proceedings
in the case and ordering the entry of final judgment (28 U.S.C. ' 636(c)). Upon the
filing of the complaint, the clerk will provide notice and consent forms (AO-85
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form) to the plaintiff, who in turn must serve them upon the defendants together
with the summons and complaint.
In preparing their proposed Fed. R. Civ. P. 16(b) scheduling plan, the parties must
discuss whether they will unanimously consent to disposition by a magistrate judge.
In their proposed plan, the parties must state whether they unanimously consent and
must not identify which parties decline to consent.
If all parties consent to a magistrate judge conducting all proceedings and entering
final judgment, the case will be reassigned for disposition to the magistrate judge
who served as the case manager or to another magistrate judge as may be designated
by the district judge making the reassignment.
(2) DIRECT ASSIGNMENT
A percentage of civil cases are assigned to magistrate judges in accordance with the
court’s Plan for Direct Assignment of Civil Cases to a Magistrate Judge.
(3) LATER CONSENT
Notwithstanding an initial decision declining to consent, the parties may later
consent to a magistrate judge conducting any or all proceedings and ordering entry
of final judgment.
(D) REVIEW AND APPEAL
(1) APPEAL FROM JUDGMENTS IN CIVIL CONSENT CASES
Upon entry of judgment by a magistrate judge in a civil consent case, an appeal lies
directly to the Eighth Circuit Court of Appeals in the same manner as an appeal
from other judgments of a district court.
(2) OBJECTION TO NON-DISPOSITIVE ORDER
A party may object to a magistrate judge’s determination of a non-dispositive
matter (other than in a civil consent case) within fourteen (14) days after being
served with a copy of the magistrate judge’s order unless the magistrate judge
orders a different time (28 U.S.C. ' 636(b)(1)(A) & Fed. R. Civ. P. 72(a)). The
objecting party must serve and file a written objection, which must specifically
designate the order or part of the order from which the objection is taken and the
grounds for the objection. The adverse party has seven (7) days after service and
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filing of the objection to serve and file a response. The objection and the response
may not exceed twenty (20) pages. A reply is not permitted.
The party filing an objection must file a transcript of a hearing during which the
magistrate judge made findings of fact. With leave of court, the party may rely on
an audio recording of the hearing in lieu of a transcript.
A district judge must consider the objection and set aside any portion of the
magistrate judge’s order found to be clearly erroneous or contrary to law.
Filing an objection does not stay the magistrate judge’s order. A request to stay a
magistrate judge’s order pending objection must be made to the magistrate judge
with notice to all parties.
(3) OBJECTION TO REPORT AND RECOMMENDATIONS
A party may object to a magistrate judge’s report and recommendations on a
dispositive matter within fourteen (14) days after being served with the report and
recommendations unless the magistrate judge orders a different time (28 U.S.C. '
636(b)(1)(B) & Fed. R. Civ. P. 72(b)).
The objecting party must serve and file written objections, which must identify the
portions of the proposed findings, recommendations, or report to which objections
are made and the basis for the objections. The party filing objections must file a
transcript of any evidentiary proceeding related to the report and recommendations.
With leave of court, the party may rely on an audio recording of the hearing in lieu
of a transcript.
A party may respond to an objection as prescribed in Fed. R. Civ. P. 72(b)(2). A
reply is not permitted.
The objection and the response may not exceed twenty (20) pages.
A district judge must make a de novo determination of those portions of the report
and recommendations to which a party makes specific objections and may accept,
reject, or modify in whole or in part the magistrate judge’s findings or
recommendations. The district judge will generally not conduct a hearing but, in
appropriate circumstances, may receive further evidence, recall witnesses, or
recommit the matter to the magistrate judge with instructions.
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CRIMINAL RULES
CRIMINAL RULE 6.1
GRAND JURIES
(A) NAMES OF GRAND JURORS
The names of grand jurors may not be published or disclosed to an individual after a grand jury is
drawn, other than to an attorney for the United States and necessary support personnel for
performance of official duties to enforce federal criminal law and to other individuals as may be
required by law or allowed by court order.
(B) GRAND JURY DOCUMENTS
Grand jury documents maintained by the clerk are restricted documents, filed under seal, and
available for review or unsealed only upon court order. This rule applies to grand jury subpoenas;
transcripts of testimony; the clerk’s docket of grand jury proceedings; and motions and orders
relating to grand jury subpoenas, true bills, and no bills. However, the United States Attorney may
disclose to a defense attorney or to the defendant statements and reports of a witness before the
grand jury, if the witness will testify during a criminal trial. The transcript of a witness’s grand
jury testimony may be released to a defense attorney or to the defendant at least three days before
the witness will testify.
(C) MOTIONS TO QUASH
Absent good cause shown, a motion to quash or limit a grand jury subpoena must be filed and
served seven (7) days before the date the witness is subpoenaed to appear or to produce documents.
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CRIMINAL RULE 7.1
SUPERSEDING INDICTMENTS
If a superseding indictment is filed, the United States must contemporaneously provide a brief
statement describing the differences between the original indictment and the superseding
indictment to the court and opposing attorney.
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CRIMINAL RULE 17.1
SUBPOENAS
(A) SUBPOENAS TO PRO SE PARTY
The clerk may not issue a blank subpoena to a pro se party except by court order.
(B) CONFIDENTIALITY OF SUBPOENA SERVICE
Subpoenas obtained in blank from the clerk and issued by attorneys appointed to represent indigent
defendants are confidential. The confidentiality applies to court personnel, the United States
Marshals Service, and an individual assisting the United States Marshals Service with service of
process unless otherwise ordered by the court.
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CRIMINAL RULE 23.1
CRIMINAL JURY TRIALS
(A) JURY SELECTION
The names of prospective jurors must be selected and drawn in accordance with the court’s Plan
for Random Jury Selection.
(B) DISCLOSURE OF JUROR NAMES
After a petit jury panel is drawn, the clerk must send a list of prospective jurors’ names to each
party in the case.
(C) JURY SIZE
(1) The court may exercise discretion in determining the size of the jury consistent with
Fed. R. Crim. P. 23 and 24.
(2) The initial panel for voir dire examination must consist of the number of jurors and
alternate jurors who will try the case, plus the number of individuals equal to the
total number of peremptory challenges that will be allowed.
(3) Unless otherwise ordered by the court, the parties may exercise peremptory
challenges in the following manner:
(a) Misdemeanors. The United States may exercise three (3) peremptory
challenges and the defendant may exercise three (3) peremptory challenges,
exercised in the following order: the first by the United States, the next by
the defendant, the next by the United States, and so on until each side has
exhausted or waived their challenges.
(b) Felonies Not Punishable by Death. The United States may exercise six (6)
peremptory challenges and the defendant may exercise ten (10) peremptory
challenges, exercised in the following order until each side has exhausted
or waived their challenges: the first by the United States, the next two (2)
by the defendant, the next by the United States, the next two (2) by the
defendant, the next by the United States, the next two (2) by the defendant,
the next by the United States, the next two (2) by the defendant, the next by
the United States, the next by the defendant, the next by the United States,
and the last by the defendant.
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(c) Felonies Punishable by Death. The United States may exercise twenty (20)
peremptory challenges and the defendant may exercise twenty (20)
peremptory challenges, exercised in the following order: the first by the
United States, the next by the defendant, the next by the United States, and
so on until each side has exhausted or waived their challenges.
(4) The trial jury will consist of those jurors remaining after dismissal of jurors for
cause and the exercise of peremptory challenges. If some peremptory challenges
are not exercised, the trial jury will consist of those jurors remaining, in the order
drawn, after dismissal of jurors for cause and the exercise of peremptory challenges.
(D) EXAMINATION OF WITNESSES
Only one attorney for a party may examine or cross-examine the same witness, unless
otherwise permitted by the court.
(E) OPENING STATEMENTS AND CLOSING ARGUMENTS
(1) Only one attorney for a party may present an opening statement or closing argument
except by leave of court before the statement or argument begins. Different
attorneys may present the main and rebuttal portions of closing argument without
leave of court.
(2) The court may impose time limits on opening statements and closing arguments.
(3) The United States must open and close the argument unless otherwise ordered by
the court.
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CRIMINAL RULE 26.1
EXHIBITS
(A) MARKING EXHIBITS
Before a proceeding, a party must physically mark and number documents and objects expected
to be introduced as exhibits in the proceeding and must follow the requirements of the pretrial
order governing the marking of exhibits. Unless otherwise ordered, the parties must number the
exhibits consecutively, with each party using a separate number with sufficient gaps for
unanticipated or rebuttal exhibits (e.g., the plaintiff using numbers P1-P20 and the defendant using
numbers D50-D70).
(B) CUSTODY OF EXHIBITS
The clerk must retain custody of exhibits that have been offered in evidence unless the court orders
otherwise. Parties retaining custody of exhibits of unusual bulk or weight must permit inspection,
if requested, by another party and bear the responsibility for the exhibits’ safekeeping and
transportation to subsequent proceedings, if necessary.
(C) SENSITIVE EXHIBITS
(1) Sensitive exhibits include controlled substances, authentic or counterfeit currency,
articles of high monetary value, explosives, weapons, firearms, ammunition,
biohazardous materials, contraband of any kind (including child pornography and
child sexual abuse materials), and any other items designated as a sensitive exhibit.
(2) Explosives may not be brought into the courthouse or entered into evidence unless
approved in advance by the court.
(3) A party seeking admission of a sensitive exhibit, other than a firearm, must maintain
the exhibit in a sealed evidence bag or in a manner which prevents direct physical
access to the exhibit. The sealed evidence bag or container may not be opened
except upon direction of the court.
(4) A party seeking admission of a firearm must render the firearm inoperable, with a
weapon lock (such as a trigger guard lock or cable gun lock) or by removing the
firing pin (zip ties are not acceptable). The United States Marshals Service must
inspect the inoperable firearm at the time the firearm is brought into the courthouse.
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If a firearm is rendered inoperable by a weapon lock, the key to the lock must be
maintained outside the courtroom.
(5) Sensitive exhibits may not be sent to a jury room, unless directed by the court.
(6) The court must specify instructions for retention of sensitive exhibits, which may
include retention by the clerk, counsel, a case agent, or other individual. If the clerk
retained custody of a sensitive exhibit during a proceeding, immediately upon the
conclusion of the proceeding, the offering party or other custodian authorized by
the court must take custody of the sensitive exhibit and must execute a receipt
prepared by the clerk.
(D) RETURN OF EXHIBITS
After notice to all parties, the clerk must return exhibits to the offering party or other custodian
authorized by the court. A party or custodian who receives an exhibit must execute a receipt
prepared by the clerk and is responsible for retention and safekeeping of the exhibit for the duration
of subsequent proceedings.
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CRIMINAL RULE 30.1
CRIMINAL JURY INSTRUCTIONS
(A) DEADLINES
Each party must serve and file requested jury instructions and a proposed verdict form at least
seven (7) days before the first day of trial, unless ordered otherwise. At any time before closing
arguments, a party may present additional requested instructions relating to issues arising during
the trial.
(B) FORM OF REQUESTED INSTRUCTIONS
Requested jury instructions must be marked with the case number and must designate the party
filing the request. Each requested instruction must be numbered and written on a separate page,
along with a citation to authorities supporting the proposition of law stated in the instruction. A
party requesting an Eighth Circuit or North Dakota pattern jury instruction only needs to designate
the pattern jury instruction number and name, unless the pattern instruction is proposed to be
modified. If the pattern instruction is proposed to be modified, the entire proposed instruction must
be filed and must be clearly identified as modified.
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CRIMINAL RULE 32.1
PRESENTENCE INVESTIGATION REPORT AND SENTENCING MEMORANDUMS
(A) PRESENTENCE INVESTIGATION REPORTS
(1) CONFIDENTIALITY
Presentence Investigation Reports (PSIR) and other reports by Probation and
Pretrial Services officers are confidential. The court authorizes the defendant,
defendant’s attorney, and the United States to retain copies of a PSIR. The court
also authorizes Probation and Pretrial Services officers to provide a copy of a PSIR
to the Federal Bureau of Prisons, the United States Sentencing Commission, other
agencies providing placement, training, or treatment services to individuals
sentenced by the court, and to others as ordered by the court. Except for use by the
United States in collecting a special assessment, criminal fine, forfeiture, or
restitution imposed by the court, the confidentiality of a PSIR must be maintained.
A copy of a PSIR or other report prepared by Probation and Pretrial Services
officers may not be reproduced or redistributed without court approval.
(2) REQUEST FOR DISCLOSURE
A request for disclosure of a PSIR or a probation record, except as provided in this
rule, must be presented by motion to the court and must demonstrate a
particularized need for and entitlement to disclosure of the record. A Probation
and Pretrial Services officer may not disclose confidential information when
requested or demanded by subpoena except under a court order directing disclosure.
(3) DISCLOSURE TO AID SEX OFFENDER REGISTRATION
The court authorizes the disclosure of Probation and Pretrial Services supervision
files to the North Dakota Bureau of Criminal Investigation for purposes of
determining whether an individual is required to register as a sex offender.
Probation and Pretrial Services also may disclose supervision files to entities in
other states that require sex offender registration and notification for use in
completing a sexual offender risk assessment or re-assessment. Authorized
disclosure is limited to the following: (1) charging documents; (2) factual basis of
a plea agreement if the defendant pled guilty; (3) a brief synopsis of the case if there
was an open plea or if the case proceeded to trial; (4) criminal history included in a
PSIR; and (5) the judgment. A request for other documents must be made through
the process described in subsection (A)(2).
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(B) SENTENCING MEMORANDUM
A party may, but is not required to, file a sentencing memorandum. If a party files a sentencing
memorandum, the party also must file a sentencing memorandum supplement. Both documents
must be served and filed no later than seven (7) days before the sentencing hearing unless otherwise
ordered by the court. A party may serve and file a response to a sentencing memorandum no later
than two (2) days before the sentencing hearing.
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CRIMINAL RULE 45.1
TIME
[REPEALED October 6, 2025]
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CRIMINAL RULE 47.1
MOTIONS
(A) MOTIONS
(1) DEADLINES AND PAGE LIMITS
When serving and filing a motion, the moving party must contemporaneously
serve and file a memorandum in support not to exceed twenty (20) pages. The
adverse party has fourteen (14) days after service and filing of a memorandum in
support to serve and file a response not to exceed twenty (20) pages. The moving
party has seven (7) days after the service and filing of a response to serve and file
a reply not to exceed seven (7) pages. A table of contents and a table of authorities,
if a party chooses to include them, are excluded from the page limits described
above.
MOTION DEADLINES AND PAGE LIMITS
DAYS PAGES
Memorandum in Support of Motion 20
Response 14 20
Reply 7 7
(2) MOTIONS TO REDUCE SENTENCE
The United States has twenty-eight (28) days after service and filing of a motion to
reduce sentence to file a response. The moving party has fourteen (14) days after
the service and filing of a response to serve and file a reply. The page limits outlined
in subsection (A)(1) apply to briefing on motions to reduce sentence.
(3) MOTIONS FOR LEAVE TO FILE ADDITIONAL FILINGS OR TO EXCEED
PAGE LIMITS
A party must serve and file a motion for leave of court to file additional filings or
filings that exceed the page limits. Leave of court is granted only upon a showing
of good cause. A memorandum in support of a motion for leave of court to file an
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CRIMINAL RULES
additional filing or to file a filing that exceeds the page limits is not required but, if
filed, may not exceed two (2) pages.
(4) MOTIONS FOR LEAVE OF COURT
A party filing a motion for leave of court to file a document must file the proposed
document as an attachment.
(5) MOTIONS FOR ORAL ARGUMENT
The court may order oral argument on its own or upon a party’s motion. A
memorandum in support of the motion for oral argument is not required but, if filed,
may not exceed two (2) pages.
(B) GENERAL MATTERS
(1) DEADLINES FOR PRO SE PARTIES WITHOUT ACCESS TO ELECTRONIC
FILING
Under Fed. R. Crim. P. 45(c), pro se parties without access to electronic filing are
often allowed three (3) additional days when calculating the deadlines in this rule.
(2) SERVICE AND FILING NOT ON SAME DATE
A party’s time to respond or reply does not begin until after the service and filing
of the motion or response, whichever is later.
(3) PROPOSED ORDERS NOT REQUIRED
Unless otherwise ordered, a proposed order should not be filed.
(4) FORM OF FILINGS AND EXHIBITS
(a) A party must serve and file a complete PDF copy of a deposition or other
transcript offered in support of or in opposition to a motion.
(b) A party must serve and file each exhibit offered in support of or in
opposition to a motion as a separate attachment with a sufficiently detailed
description, so the attachment is readily identifiable. A party may not file a
document already on file with the court but must instead refer to the docket
number assigned to the filed document.
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CRIMINAL RULES
(5) FAILURE TO FILE MEMORANDUM OR RESPONSE
A party’s failure to serve and file a memorandum or a response within the
prescribed time may subject a motion to summary ruling. A moving party’s failure
to serve and file a memorandum in support may be deemed an admission that the
motion is without merit. An adverse party’s failure to serve and file a response to a
motion may be deemed an admission that the motion is well taken.
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CRIMINAL RULES
CRIMINAL RULE 49.1
FILES AND FILING
(A) ELECTRONIC CASE FILING (ECF)
The specific requirements, procedures, and limitations of ECF are in the Administrative Policy
Governing Electronic Filing and Service.
(B) FORM
(1) Documents for filing must be on standard size (8 ½" x 11") paper or equivalent
PDF format, with page numbers at the bottom of each page.
(2) Text must appear on only one side of the page with a minimum margin of one inch
(1"). Text must be typeset with 12-point font or larger and must be double-spaced,
except the title of the case and quoted material may be single-spaced.
(3) Documents offered for filing, after the initial pleading, except exhibits, must be in
pleading format, each containing the venue, case title, and file number.
(C) SEALED DOCUMENTS AND SEALED FILES
(1) The filing of sealed documents and sealed files is governed by the Administrative
Policy Governing Electronic Filing and Service. A party seeking to file a
document under seal must comply with the Guide to Filing Sealed Documents and
Motions, which addresses requirements for motions seeking to seal a document in
its entirety and motions seeking to seal only portions of a document.
(2) The following documents must be filed under seal and will remain sealed unless
otherwise ordered by the court:
a. Plea agreement supplements;
b. Motions under Fed. R. Crim. P. 35, memorandums in support of those motions,
and responsive filings;
c. Motions under Section 5K1.1 of the United States Sentencing Guidelines,
memorandums in support of those motions, and responsive filings;
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CRIMINAL RULES
d. Pen register or a trap and trace device applications under either 18 U.S.C. §
3121 et seq. or 18 U.S.C. § 2516 et seq.; and
e. Sentencing memorandum supplements.
(3) Documents pertaining to the issuance of search and seizure warrants must be filed
under seal and remain sealed until ninety (90) days after the return of the search
warrant is filed. Upon expiration of the period, the case and documents are unsealed
without further court order. If the United States wishes a search or seizure warrant
case or documents in the case to remain under seal, the United States must file a
motion and a supporting memorandum stating with particularity the reasons for the
case or documents in the case to remain under seal for more than ninety (90) days
and suggest a date certain on which the case or documents will be unsealed.
65
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CRIMINAL RULES
CRIMINAL RULE 59.1
UNITED STATES MAGISTRATE JUDGES
Except as hereinafter provided, a United States magistrate judge appointed in this district is
authorized and designated to exercise powers and duties consistent with the United States
Constitution, 28 U.S.C. ' 636, other statutes as may be applicable, and the Federal Rules of
Criminal Procedure. Those powers and duties may include, but are not limited to, those enumerated
in this rule.
(A) ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES
(1) GENERAL ASSIGNMENT
The clerk will assign cases or duties in a case to a magistrate judge and allocate
duties among the magistrate judges of the court in accordance with this rule,
standing orders of the court, or by special reference of a district judge, which
reference may be by formal order or informal request. This rule does not preclude
a district judge from reserving a proceeding for decision by a district judge rather
than a magistrate judge. Assignment of duties or cases to a magistrate judge will
generally be based on geographic location of the magistrate judge’s chambers.
(2) CASE ASSIGNMENT
(a) Misdemeanor Cases.
(i) Class A Misdemeanors. Class A misdemeanor cases are assigned to
a magistrate judge upon filing of the charges. The magistrate judge
will handle all pretrial proceedings and, upon consent of the
defendant, conduct trial or guilty plea proceedings, sentence the
defendant, enter judgment, and conduct post-conviction
proceedings.
(ii) Petty Offenses (Class B Misdemeanors, Class C Misdemeanors, and
Infractions). Petty offense cases are assigned to a magistrate judge
upon filing of the charges. The magistrate judge will handle all
proceedings.
(b) Felony Cases. Pre-indictment proceedings are conducted by a magistrate
judge. Upon filing of an indictment, the case is assigned to a district judge.
A magistrate judge will conduct initial appearances, arraignments, and other
duties by general reference, specific order of reference, or informal request
of a district judge.
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CRIMINAL RULES
(B) DUTIES IN CRIMINAL MATTERS
The magistrate judges of this court are authorized and designated to exercise the following
duties in criminal matters:
(1) Conduct all proceedings in class A misdemeanor cases, including conducting jury
or bench trials, accepting guilty pleas, sentencing, entering judgments, and
conducting post-conviction proceedings, with the defendant’s consent to proceed
before a magistrate judge;
(2) Conduct all proceedings in petty offense cases;
(3) Conduct pre-indictment and pretrial proceedings in felony investigations and cases,
including issuing arrest and search warrants; determining probable cause for filing
complaints; conducting initial appearances, preliminary hearings, arraignments,
detention hearings, and Fed. R. Crim. P. 40 removal proceedings; setting release
conditions; addressing extradition and consent to transfer; and addressing
appointment and substitution of an attorney;
(4) Conduct all pre-adjudication hearing proceedings in juvenile delinquency cases;
(5) Conduct case management conferences and determine non-dispositive motions if
designated by a district judge (28 U.S.C. § 636(b)(1)(A));
(6) Issue reports and recommended findings, including conducting evidentiary
hearings when necessary, on evidentiary motions and case dispositive motions (28
U.S.C. ' 636(b)(1)(B)) in felony cases and misdemeanor cases proceeding before
a district judge, upon designation by a district judge;
(7) Issue reports and recommended findings when accepting guilty pleas in felony
cases and in misdemeanor cases proceeding before a district judge, if designated by
a district judge and upon consent of the defendant;
(8) Conduct preliminary proceedings on felony probation or supervised release
revocation or modification petitions, and if designated by a district judge, conduct
the final hearing and issue a report and recommended findings to a district judge;
(9) Empanel grand juries and receive grand jury returns;
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CRIMINAL RULES
(10) Conduct jury voir dire and selection in felony cases and class A misdemeanor cases
proceeding before a district judge, upon designation by a district judge and upon
consent of the parties;
(11) Issue subpoenas, writs of habeas corpus ad testificandum and habeas corpus ad
prosequendum, and other orders necessary to obtain the presence of parties,
witnesses, or evidence needed for court proceedings;
(12) Issue warrants for searches and seizures that are not within the purview of Fed. R.
Crim. P. 41;
(13) Issue warrants of arrest for individuals who have been determined, under 18 U.S.C.
' 3144, to be material witnesses;
(14) Issue orders authorizing the installation and use of devices, including traps and
traces, pen registers, and mobile tracking devices, and issue orders directing an
electronic communication service provider or a remote computing service to
provide assistance to a named federal investigative agency in accomplishing the
installation of traps and traces, pen registers, and other location devices;
(15) Issue orders ruling on pre-indictment challenges to grand jury subpoenas or other
motions related to grand jury proceedings and related contempt proceedings to the
extent authorized by statute;
(16) Request preparation of a presentence investigation report in misdemeanor cases;
and
(17) Accept jury verdicts in cases proceeding before a district judge.
(C) FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE
Magistrate judges are authorized to accept payment of a fixed sum in lieu of appearance in
a petty offense case. Conditions and schedules for the forfeiture of collateral in lieu of
appearance are on the court’s website.
(D) REVIEW AND APPEAL
(1) APPEAL FROM JUDGMENTS IN MISDEMEANOR CASES
A defendant may appeal a judgment of conviction by a magistrate judge in a
misdemeanor case to a district judge by filing a notice of appeal within fourteen
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CRIMINAL RULES
(14) days after entry of judgment and by serving a copy of the notice upon the
United States Attorney. The scope of review upon appeal is the same as appeal from
a judgment of a district judge to the court of appeals. See Fed. R. Crim. P. 58.
(2) OBJECTION TO NON-DISPOSITIVE ORDER
A party may object to a magistrate judge’s determination of a non-dispositive
matter within fourteen (14) days after being served with a copy of the magistrate
judge’s order unless otherwise ordered by the court (28 U.S.C. ' 636(b)(1)(A) &
Fed. R. Crim. P. 59(a)). The objecting party must serve and file a written objection
to the order, which must specifically designate the order or part of the order to
which the objection is made and the grounds for the objection. The adverse party
has seven (7) days after service and filing of the objection to serve and file a
response. The objection and response may not exceed twenty (20) pages. A reply
is not permitted.
The party filing an objection must file a transcript of any hearing during which the
magistrate judge made findings of fact related to the objection. With leave of court,
the party may rely on an audio recording of the hearing in lieu of a transcript.
A district judge must consider the objection and set aside any portion of the
magistrate judge’s order found to be clearly erroneous or contrary to law.
Filing an objection does not stay the magistrate judge’s order. A request to stay a
magistrate judge’s order pending objection must be made to the magistrate judge
with notice to all parties.
(3) OBJECTION TO REPORT AND RECOMMENDATIONS
A party may object to a magistrate judge’s report and recommendations on an
evidentiary or dispositive matter within fourteen (14) days after being served with
a copy, unless the court orders otherwise (28 U.S.C. ' 636(b)(1)(B) & Fed. R. Crim.
P. 59(b)(2)). The objecting party must serve and file written objections, which must
identify the portions of the proposed findings, recommendations, or report to which
objections are made and the basis for the objections. The objection and response
may not exceed twenty (20) pages. A reply is not permitted. The party filing
objections must file a transcript of any evidentiary proceeding related to the report
and recommendations. With leave of court, the party may rely on an audio
recording of the hearing in lieu of a transcript.
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CRIMINAL RULES
A district judge must make a de novo determination of those portions of the report
and recommendations to which specific objections are made and may accept, reject,
or modify in whole or in part the findings or recommendations made by the
magistrate judge. The district judge will not generally conduct a hearing but, in
appropriate circumstances, may receive further evidence, recall witnesses, or
recommit the matter to the magistrate judge with instructions.
70
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INDEX
INDEX
Alternative Dispute Resolution (ADR) ......................................................................................... 33
Administration .................................................................................................................. 34
Authorization .................................................................................................................... 33
Confidentiality .................................................................................................................. 33
Designation of Cases......................................................................................................... 33
Disqualification ................................................................................................................. 34
Attorneys ................................................................................................................................. 3
Appearances ........................................................................................................................ 4
Continued Duties ................................................................................................................ 5
Disciplinary Enforcement ................................................................................................... 5
Eligibility ............................................................................................................................ 3
Pro Hac Vice Admission .................................................................................................... 4
Procedure for Admission .................................................................................................... 3
Reinstatement...................................................................................................................... 6
Roll of Attorneys................................................................................................................. 3
Substitution and Withdwaral of Attorneys ......................................................................... 4
Bonds ............................................................................................................................... 17
Cash Bonds and Personal Property ................................................................................... 17
Corporate Security Provider ............................................................................................. 17
Cost Bonds or Other Securities ......................................................................................... 18
Insufficiency and Remedy ................................................................................................ 18
Personal Security Provider................................................................................................ 17
Security Provider Limitation............................................................................................. 17
Case Assignment ........................................................................................................................... 21
Direct Assignment Cases .................................................................................................. 21
Division Assignment and Objections................................................................................ 21
Reassignment or Change of Place of Trial ....................................................................... 21
Civil Case Management ................................................................................................................ 31
Civil Discovery ............................................................................................................................. 35
Exemptions ....................................................................................................................... 35
Filing ............................................................................................................................... 35
Form ............................................................................................................................... 35
Scope And Timing ............................................................................................................ 35
Civil Discovery Motions ............................................................................................................... 36
Obligation for Conference with Magistrate Judge ............................................................ 36
Obligation to Confer ......................................................................................................... 36
Sanctions for Non-Compliance ......................................................................................... 36
Civil Jury Instructions ................................................................................................................... 43
a
Effective October 6, 2025
INDEX
Deadlines........................................................................................................................... 43
Form of Requested Instruction.......................................................................................... 43
Civil Jury Trials ............................................................................................................................ 41
Disclosure of Juror Names ................................................................................................ 41
Examination of Witnesses................................................................................................. 42
Jury Selection .................................................................................................................... 41
Jury Size ............................................................................................................................ 41
Opening Statements and Closing Arguments ................................................................... 42
Costs And Attorney’s Fees............................................................................................................ 44
Attorney’s Fees ................................................................................................................. 45
Costs ............................................................................................................................... 44
Costs on Appeal Taxable in the District Court ................................................................. 45
District Court Costs........................................................................................................... 44
Court Reporter Transcripts ........................................................................................................... 12
Courtroom Conduct and Use of Electronic Devices ..................................................................... 10
Courtroom Conduct .......................................................................................................... 10
Electronic Devices ............................................................................................................ 10
Exclusion And Inspection ................................................................................................. 10
Inspection .......................................................................................................................... 10
Criminal Jury Instructions............................................................................................................. 57
Deadlines........................................................................................................................... 57
Form of Requested Instructions ........................................................................................ 57
Criminal Jury Trials ...................................................................................................................... 53
Disclosure of Juror Names ................................................................................................ 53
Examination of Witnesses................................................................................................. 54
Jury Selection .................................................................................................................... 53
Jury Size ............................................................................................................................ 53
Opening Statements and Closing Arguments ................................................................... 54
Deposit And Withdrawal of Funds with the Court ....................................................................... 14
Compliance ................................................................................................................. 14, 16
Deposit of Funds ............................................................................................................... 15
General .............................................................................................................................. 14
Interest-Bearing Funds ................................................................................................ 14, 15
Interpleader Fund .............................................................................................................. 14
Non-Interest-Bearing Fund ............................................................................................... 15
Non-Interest-Bearing Funds.............................................................................................. 14
Withdrawal of Funds......................................................................................................... 15
Withdrawal of Interest-Bearing Funds.............................................................................. 16
Withdrawal of Non-Interest-Bearing Funds ..................................................................... 15
Disclosure Statement .................................................................................................................... 30
b
Effective October 6, 2025
INDEX
Dismissal of Settled Civil Case..................................................................................................... 37
Divisions ................................................................................................................................. 1
Exhibits ......................................................................................................................... 38, 55
Custody of Exhibits..................................................................................................... 38, 55
Marking Exhibits ........................................................................................................ 38, 55
Return of Exhibits ....................................................................................................... 39, 56
Sensitive Exhibits........................................................................................................ 38, 55
Fees ............................................................................................................................... 13
Files and Filing ....................................................................................................................... 23, 65
Electronic Case Filing (ECF) ...................................................................................... 23, 65
Form ......................................................................................................................... 23, 65
Sealed Documents and Files ............................................................................................. 23
Sealed Documents and Sealed Files ................................................................................. 65
Grand Juries ............................................................................................................................... 50
Grand Jury Document ....................................................................................................... 50
Motions to Quash .............................................................................................................. 50
Names of Grand Jurors ..................................................................................................... 50
Highly Sensitive Documents......................................................................................................... 20
Motions ......................................................................................................................... 25, 61
Amicus Curiae Briefs ........................................................................................................ 28
Deadlines and Page Limits.......................................................................................... 25, 61
Deadlines for Pro Se Parties without Access to Electronic Filing.............................. 28, 62
Dispositive Motion Deadlines and Page Limits................................................................ 25
Dispositive Motions .......................................................................................................... 25
Failure to File Memorandum or Response.................................................................. 28, 64
Form of Filings and Exhibits ...................................................................................... 28, 62
General Matters........................................................................................................... 28, 62
Memorandum in Support of Motion For Summary Judgmen .......................................... 25
Motion Deadlines and Page Limits ................................................................................... 61
Motion Types .................................................................................................................... 25
Motions ............................................................................................................................. 61
Motions and Stipulations for Leave to File Amended Document .................................... 27
Motions for Injunctive Relief............................................................................................ 27
Motions for Leave of Court .............................................................................................. 62
Motions for Leave of Court to File Additional Filings or to Exceed Page Limits ........... 27
Motions for Leave to File Additional Filings or to Exceed Page Limits .......................... 61
Motions for Oral Argument ........................................................................................ 27, 62
Motions to Reduce Sentence ............................................................................................. 61
Non-Dispositive Motion ................................................................................................... 26
Non-Dispositive Motion Deadlines & Page Limits .......................................................... 26
Proposed Orders Not Required ................................................................................... 28, 62
c
Effective October 6, 2025
INDEX
Response to Motion for Summary Judgment.................................................................... 26
Service and Filing Not on Same Date ......................................................................... 28, 62
Non-Appropriated Fund ................................................................................................................ 19
Deposit .............................................................................................................................. 19
Plan ............................................................................................................................... 19
Use ............................................................................................................................... 19
Office of the Clerk .......................................................................................................................... 2
Presentence Investigation Report and Sentencing Memorandums ............................................... 58
Confidentiality .................................................................................................................. 58
Disclosure to Aid Sex Offender Registration ................................................................... 58
Presentence Investigation Reports .................................................................................... 58
Request for Disclosure ...................................................................................................... 58
Sentencing Memorandum ................................................................................................. 59
Reinstatement ................................................................................................................................. 6
Service of Process and Court Orders ............................................................................................ 22
Appointment of Special Process Servers .......................................................................... 22
Proof of Service of Subpoenas.......................................................................................... 22
Service by United States Marshals Servic ........................................................................ 22
Stipulations ............................................................................................................................... 11
Student Practice Rule ...................................................................................................................... 7
Admission Procedure .......................................................................................................... 7
General Provisions .............................................................................................................. 7
Student Practice Limitations ............................................................................................... 8
Student Requirements ......................................................................................................... 7
Supervising Attorney Requirements ................................................................................... 8
Subpoenas ......................................................................................................................... 40, 52
Confidentiality of Subpoena Service ................................................................................ 52
Subpoenas to Pro Se Party ................................................................................................ 52
Superseding Indictments ............................................................................................................... 51
Time ......................................................................................................................... 24, 60
United States Magistrate Judges ............................................................................................. 46, 67
Appeal from Judgments in Civil Consent Cases............................................................... 48
Appeal from Judgments in Misdemeanor Cases ............................................................... 69
Assignment of Matters to Magistrate Judges .............................................................. 46, 67
Case Assignment ............................................................................................................... 67
Civil Case Consent Procedure .......................................................................................... 47
Class A Misdemeanor Cases............................................................................................. 67
Direct Assignment ............................................................................................................ 48
Duties in Civil Matters ...................................................................................................... 46
Duties in Criminal Matters................................................................................................ 68
Felony Cases ..................................................................................................................... 67
d
Effective October 6, 2025
INDEX
Forfeiture of Collateral in Lieu of Appearance................................................................. 69
General Assignment .......................................................................................................... 67
Later Consent .................................................................................................................... 48
Misdemeanor Cases .......................................................................................................... 67
Notice upon Filing of Complaint ...................................................................................... 47
Objection to Non-Dispositive Order ........................................................................... 48, 70
Objection to Report And Recommendations .............................................................. 49, 70
Petty Offenses (Class B Misdemeanors, Class C Misdemeanors, and Infractions).......... 67
Review and Appeal ..................................................................................................... 48, 69
Use of Electronic Devices ............................................................................................................... 9
e
Effective October 6, 2025
APPENDIX
APPENDIX
DEADLINES
Type of Filing Deadline General Civil Criminal
Rule Rule Rule
Amicus Curiae Brief (Motion 7 days after party being 7.1(C)
for Leave to File and supported files
Proposed Brief) memorandum in support
of motion or response to
motion
Appeal from Judgment of 14 days after entry of 59.1(D)(1)
Conviction by Magistrate judgment
Judge in Misdemeanor Case
Completion of Discovery 30 days before trial 26.1(A)
Disclosure Statement 14 days after party’s first 7.1.1
filing or entry of
appearance
Jury Instructions 7 days before jury trial 51.1(A) 30.1(A)
Motion for Attorney’s Fees 14 days after entry of 54.1(B)
judgment, unless
recovery is sought
against United States.
See 28 U.S.C. '
2412(d)(1)(B).
Motion for Costs 14 days after entry of
judgment or issuance of 54.1(A)
mandate by court of
appeals
Motion to Quash or Limit 7 days before witnesses’ 6.1(C)
Grand Jury Subpoena appearance or
production
Motion to Reinstate Case 60 days after date of 41.1
order dismissing settled
case
Objection to Magistrate 14 days after being 72.1(D)(2) 59.1(D)(2)
Judge’s Order on Non- served copy of
dispositive Matter magistrate judge’s order
Objection to Removal 30 days from notice of 3.1(A)
removal
f
Effective October 6, 2025
APPENDIX
DEADLINES
Type of Filing Deadline General Civil Criminal
Rule Rule Rule
Objection to Report and 14 days after being 72.1(D)(3) 59.1(D)(3)
Recommendations served copy of Report
and Recommendations
Reply to Criminal Motion 7 days 47.1(A)(1)
Reply to Dispositive Motion 14 days 7.1(A)(1)(a)
Reply to Motion for 7 days 54.1(B)
Attorney’s Fees
Reply to Motion for 14 days 47.1(A)(2)
Compassionate Release
Reply to Motion for Costs 7 days 54.1(A)(1)
Reply to Motion for 7 days 7.1(A)(3)(a)
Injunctive Relief
Reply to Non-dispositive 7 days 7.1(A)(2)
Motion
Response to Compassionate 28 days 47.1(A)(2)
Release Motion
Response to Criminal 14 days 47.1(A)(1)
Motion
Response to Dispositive 28 days 7.1(A)(1)(a)
Motion
Response (by the USA) to a 14 days 54.1(B)(2)
Motion for Attorney’s Fees
Response/Objection to 14 days 54.1(A)(1)
Motion for Costs
Response to Motion for 14 days 7.1(A)(3)(a)
Injunctive Relief
Response to Non-dispositive 14 days 7.1(A)(2)
Motion
Response to Objection to 7 days 72.1(D)(2) 59.1(D)(2)
Magistrate Judge’s Decision
of Non-dispositive Matter
g
Effective October 6, 2025
APPENDIX
DEADLINES
Type of Filing Deadline General Civil Criminal
Rule Rule Rule
Response to Order to Show 30 days after service of 1.3(H)(2)
Cause re: Attorney order to show cause
Discipline
Response to Sentencing 2 days before 32.1(B)
Memorandum sentencing hearing
Sentencing Memorandum 7 days before 32.1(B)
and Sentencing sentencing hearing
Memorandum Supplement
Settlement Documents 30 days after advising
court case has settled 41.1
Settlement Documents (if 60 days after advising 41.1
United States is a party) court case has settled
Verdict Form 7 days before trial 51.1(A) 30.1(A)
h
Effective October 6, 2025
APPENDIX
PAGE LIMITS
(a table of contents or a table of authorities, if included, do not count towards the page limits)
Type of Filing Page Limit Civil Rule Criminal
Rule
Amicus Curiae Brief 20 pages 7.1(C)(4)
Memorandum in Support of Criminal Motion 20 pages 47.1(A)(1)
Memorandum in Support of Dispositive 40 pages 7.1(A)(1)(a)
Motion
Memorandum in Support of Motion for 20 pages 47.1(A)(2)
Compassionate Release
Memorandum in Support of Motion for 20 pages 7.1(A)(3)(b)
Injunctive Relief
Memorandum in Support of Motion for Leave 2 pages 7.1(A)(4) 47.1(A)(3)
of Court to File Additional Filing
Memorandum in Support of Motion for Leave 2 pages 7.1(A)(4) 47.1(A)(3)
of Court to File Filing that Exceeds the Page
Limits
Memorandum in Support of Motion for Oral 2 pages 7.1(A)(6) 47.1(A)(5)
Argument
Memorandum in Support of Non-dispositive 20 pages 7.1(A)(2)
Motion
Objection to Magistrate Judge’s Decision of 20 pages 72.1(D)(2) 59.1(D)(2)
Non-dispositive Matter
Objection to Report and Recommendations 20 pages 72.1(D)(3) 59.1(D)(3)
Reply to Criminal Motion 7 pages 47.1(A)(1)
Reply to Dispositive Motion 10 pages 7.1(A)(1)(a)
Reply to Motion for Compassionate Release 7 pages 47.1(A)(2)
Reply to Motion for Injunctive Relief 7 pages 7.1(A)(3)(b)
Reply to Non-dispositive Motion 7 pages 7.1(A)(2)
Response to Criminal Motion 20 pages 47.1(A)(1)
Response to Dispositive Motion 40 pages 7.1(A)(1)(a)
Response to Motion for Compassionate 20 pages 47.1(A)(2)
Release
i
Effective October 6, 2025
APPENDIX
Type of Filing Page Limit Civil Rule Criminal
Rule
Response to Motion for Injunctive Relief 20 pages 7.1(A)(3)(b)
Response to Non-dispositive Motion 20 pages 7.1(A)(2)
Response to Objection to Magistrate Judge’s 20 pages 72.1(D)(2) 59.1(D)(2)
Decision of Non-dispositive Matter
Response to Objection to Report and 20 pages 72.1(D)(3) 59.1(D)(3)
Recommendations
j
Effective October 6, 2025
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
IN THE MATTER OF: )
) ORDER
REVISION OF LOCAL RULES )
)
It is ORDERED that the Local Rules for the United States District Court for the District
of North Dakota are REVISED, AMENDED, and ADOPTED, effective October 6, 2025. Prior
adopted Local Rules are hereby REVOKED. These Local Rules govern all proceedings pending
on the effective date, unless the application of these Local Rules would not be practicable or would
create an injustice, in which event, the court may grant appropriate relief.
These Local Rules supplement the Federal Rules of Civil Procedure, Title 28 of the United
States Code, the Federal Rules of Criminal Procedure, and Title 18 of the United States Code. A
Local Rule is subject to modification by a judge upon application of a party to litigation or on the
Court’s own motion for good cause.
Dated this 6st day of October, 2025.
/s/ Peter D. Welte
Peter D. Welte, Chief Judge
United States District Court
United States Courts
Judicial Council of the Eighth Circuit
Thomas F. Eagleton United States Courthouse
111 South 10th Street - Suite 26.325
St. Louis, Missouri 63102-1116
Millie B. Adams Voice (314) 244-2600
Circuit Executive Fax (314) 244-2605
www.ca8.uscourts.gov
EIGHTH CIRCUIT JUDICIAL COUNCIL
ORDER
I hereby certify that the United States District Court for the District of North Dakota has
furnished amended rules to the Judicial Council, effective October 6, 2025, in accordance with 28
U.S.C. § 207l(d). The Local Rule amendments have been reviewed by the Judicial Council, and
it has determined to take no action with respect to the amended rules. The rules, therefore, remain
in effect in accordance with 28 U.S.C. § 2071(c)(l) and Fed. R. Crim. P. 57(c).
Milie B. Adams
Circuit Executive
St. Louis, Missouri
October 17, 2025
cc: Judicial Council Members
Chief Judge Peter D. Welte
Kari M. Knudson, Clerk of Court
Review was undertaken by the Rules Committee.
JCO 3501
