Summary of Revisions
to the Local Rules
Office of the Clerk
United States District Court
District of North Dakota
General Rules
General Rule 1.1 Divisions
• Corrected alphabetical order of counties
• Added map with boundary lines between divisions
General Rule 1.2 Office of the Clerk
• Removed specific list of holidays and added references to federal rules
or when closed by court order
General Rule 1.3 Attorneys
• (C)(1): Clarified applicants must apply for admission via PACER.gov
• (C)(4): Added applicants must adhere to the North Dakota Rules of
Professional Conduct for disciplinary matters
• (D): Added attorneys applying for pro hac vice admission must adhere
to the North Dakota Rules of Professional Conduct for disciplinary
matters
• (F): Clarified procedures for substitution and withdrawal of attorneys
• (F)(4): Added allowing admitted attorneys to appear on behalf of an
attorney of record without filing a notice of appearance or notice of
substitution in certain circumstances
• (G): Clarified attorneys must update PACER with contact information
changes and added that attorneys must remain members in good
standing of the bar of another federal court, the highest court of any
state, or the District of Columbia
• (H)(1): Added that an attorney who has been disciplined by the court
may be ordered to notify other jurisdictions of the court’s discipline
• (H)(2): Specified that an attorney who has breached the North Dakota
Rules of Professional Conduct may be subject to discipline in this
district
General Rule 1.4 Student Practice Rule
• (B): Removed specific references to UND School of Law
• (B)(1): Removed duplicative requirement that a supervising attorney
must move to admit an applicant
• (D)(3): Added provision that students are not eligible for ECF access
General Rule 1.5 Use of Electronic Devices
• Repealed rule and incorporated substance into Rule 1.6
General Rule 1.6 Courtroom Conduct and Use of Electronic Devices
• (C): Clarified use of electronic devices and added areas where
photographing, recording, broadcasting, etc. is prohibited
• (D): Clarified exclusion and inspection provision from former General
Rule 1.5
General Rule 1.7 Stipulations
• Stylistic changes
General Rule 1.8 Court Reporter Transcripts
• Stylistic changes
General Rule 1.9 Fees
• Stylistic change
2
General Rule 1.10 Deposit and Withdrawal of Funds with the Court
• Stylistic changes
General Rule 1.11 Bonds
• (A): Added a court employee may not serve as a security provider and
added a member of the bar may only serve as a security provider for a
family member or closely related individual who is not a client
General Rule 1.12 Non-Appropriated Fund
• Stylistic changes
General Rule 1.13 Highly Sensitive Documents
• New Rule incorporating Standing Order re: Procedures for the Filing,
Service, and Management of Highly Sensitive Documents dated
2/16/2021
• Defines highly sensitive documents (HSD)
• Outlines factors to consider in determining what constitutes an HSD
• Lists types of documents that are unlikely to be classified as HSDs
• Notes instructions for filing a motion to designate a document as an
HSD are on the court’s website
3
Civil Rules
Civil Rule 3.1 Case Assignment
• (C): Added reference to the court’s Plan for Direct Assignment of Civil
Cases to a Magistrate Judge
Civil Rule 4.1 Service of Process and Court Orders
• Stylistic changes
Civil Rule 5.1 Files and Filing
• (B)(4): Removed requirement that pleadings filed by pro se parties must
have an original signature
• Former (C): Moved “Filing of Pleadings Requiring Leave of Court”
section to Civil Rule 7.1(A)(5)
• New (C): Added requirement that a party seeking to file a document under
seal must comply with the Guide to Filing Sealed Documents and Motions
Civil Rule 6.1 Time
• Repealed rule
Civil Rule 7.1 Motions
• (A)(1)(a): Extended the response deadline for dispositive motions from 21
days to 28 days
• (A)(1)(a) and (A)(2): Moved language from former (D)(3) re: table of
contents and table of authorities not counting towards page limits
• (A)(3): Added section for Motions for Injunctive Relief re: deadlines and
page limits
• (A)(5): Added section for Motions for Leave to File Amended Document
(moved from previous Civil Rule 5.1(C)) and added provision requiring a
party moving to amend or supplement a pleading to file a version of the
pleading that identifies proposed changes
• Former (D): Moved “Form of Filings and Exhibits” section to subsequent
section
• (B)(1): Added deadline provision that pro se parties without access to
electronic filing are often allowed 3 additional days when calculating
deadlines under Fed. R. Civ. P. 6(d)
• (B)(2): Added provision clarifying when a party’s time to respond or reply
begins
• (B)(3): Added provision that proposed orders should not be filed
• (B)(4): Added “Form of Filings and Exhibits” section (moved from former
(D))
• (C)(2): Clarified time for filing an amicus curiae brief and added
requirement of filing the proposed brief
• (C)(3): Added deadline for filing amicus curiae brief without leave of court
• (C)(4): Added page limit for amicus curiae brief
Civil Rule 7.1.1 Disclosure Statement
• New Rule incorporating provisions of Fed. R. Civ. P. 7.1
Civil Rule 16.1 Civil Case Management
• Removed appeals from a magistrate judge and motions for attorney’s fees
or costs from the list of actions exempted from Fed. R. Civ. P. 16(b)
scheduling conferences
4
Civil Rule 16.2 Alternative Dispute Resolution (ADR)
• (B): Added, in cases where a magistrate judge is the trial judge, another
judge may be available to conduct a settlement conference
• (D): Added the chief judge is the ADR program administrator and may
delegate the authority to an employee or judge
• (E)(3): Added if the ADR program administrator is disqualified, another
judge will assign a judge to conduct further ADR proceedings
Civil Rule 26.1 Civil Discovery
• (D): Removed consent cases from the list of proceedings exempt from
Fed. R. Civ. P. 26(a)(1)
Civil Rule 37.1 Civil Discovery Motions
• (A): Clarified scope of discovery motions and the acceptable means of
conferring before requesting a conference with a magistrate judge
• (B): Added provision requiring parties to contact chambers to request a
conference with a magistrate judge
Civil Rule 41.1 Dismissal of Settled Civil Case
• Stylistic changes
Civil Rule 43.1 Exhibits
• (C)(1): Added types of items defined as sensitive exhibits
• (C)(2): Added provision prohibiting explosives from being brought into
the courthouse or entered into evidence unless approved in advance
• (C)(3): Clarified the ways sensitive exhibits must be maintained
• (C)(4): Expanded acceptable methods for making firearms inoperable and
that if a weapon lock is used, the lock’s key must be kept outside the
courtroom
• (C)(5): Added prohibition of sensitive exhibits being sent to a jury room,
unless directed by the court
• (C)(6): Added provision requiring court to determine who retains
sensitive exhibits during a proceeding
Civil Rule 45.1 Subpoenas
• Stylistic changes
Civil Rule 47.1 Civil Jury Trials
• Stylistic changes
Civil Rule 51.1 Civil Jury Instructions
• Stylistic changes
Civil Rule 54.1 Costs and Attorney’s Fees
• Clarified deadlines throughout
Civil Rule 72.1 United States Magistrate Judges
• (A): Clarified assignment process
• (C): Clarified civil consent procedure and added reference to the court’s
Plan for Direct Assignment of Civil Cases to a Magistrate Judge
• (D)(2): Modified to mirror language in federal rules and statutes. Added
page limit and prohibition against a reply re: objections to a magistrate
judge’s non-dispositive orders
5
• (D)(3): Added page limits and prohibition against a reply re: objections to
a magistrate judge’s Report and Recommendations
Criminal Rules
Criminal Rule 6.1 Grand Juries
• (B): Added provision re: disclosure of grand jury witness’s statements
or reports incorporating Standing Order dated 8/7/2009
Criminal Rule 7.1 Superseding Indictments
• New rule requiring United States to provide statement describing the
differences between the original and superseding indictment to the
court and opposing attorneys
Criminal Rule 17.1 Subpoena
• (B): Added provision re: confidentiality of subpoena service for
indigent defendants incorporating Standing Order re: Confidentiality
of Criminal Justice Act Subpoena Service dated 10/26/2023
Criminal Rule 23.1 Criminal Jury Trials
• Stylistic changes
Criminal Rule 26.1 Exhibits
• (C)(1): Added types of items defined as sensitive exhibits
• (C)(2): Added provision prohibiting explosives from being brought
into the courthouse or entered into evidence unless approved in
advance
• (C)(3): Clarified the ways sensitive exhibits must be maintained
• (C)(4): Expanded acceptable methods for making firearms
inoperable and that if a weapon lock is used, the lock’s key must be
kept outside the courtroom
• (C)(5): Added prohibition of sensitive exhibits being sent to a jury
room, unless directed by the court
• (C)(6): Added provision requiring court to determine who retains
sensitive exhibits during a proceeding
Criminal Rule 30.1 Criminal Jury Instructions
• Stylistic changes
Criminal Rule 32.1 Presentence Investigation Reports and Sentencing Memorandums
• (A)(3): Added provision authorizing certain disclosures of USPO
supervision files and disclosure limits incorporating 11/1/2019 Policy
on the Authorization of Release of Information to North Dakota BCI
or another state entity for sex offender registration.
• (B): Clarified if a party files a sentencing memorandum, the party also
must file a sentencing memorandum supplement, and clarified when
both must be served and filed
Criminal Rule 45.1 Time
• Repealed rule
Criminal Rule 47.1 Motions
• (A)(1): Clarified motion deadlines and added table of contents and
table of authorities do not count towards page limits (moved from
former (C)(3))
• (A)(2): Added section on motions to reduce sentence
6
• (A)(4): Added “Motions for Leave of Court” section (moved from
former Criminal Rule 49.1(C))
• (A)(5): Added section on motions for oral argument (moved from
former (D))
• (B)(1): Added deadline provision that pro se parties without access to
electronic filing are often allowed 3 additional days when calculating
deadlines under Fed. R. Crim. P. 45(c)
• (B)(2): Added provision clarifying when a party’s time to respond or
reply begins
• (B)(3): Added provision that proposed orders should not be filed.
• Former (C)(3): Removed table of contents and table of authorities
provision and moved to (A)(1)
Criminal Rule 49.1 Files and Filing
• (B)(4): Removed requirement that pleadings filed by pro se parties
must have an original signature
• Former (C): Removed section “Filing of Pleadings Requiring Leave
of Court” and moved to Criminal Rule 47.1(A)(1)(4)
• New (C)(1): Added requirement that a party seeking to file a
document under seal must comply with the Guide to Filing Sealed
Documents and Motions
• New (C)(2): Added list of documents that must be filed under seal
incorporating Standing Order re: Sealed Documents dated
9/18/2019
• New (C)(3): Added provision re: search and seizure documents
incorporating Standing Order re: Sealed Documents dated
9/18/2019
Criminal Rule 59.1 United States Magistrate Judges
• (A)(2): Clarified case assignments for Class A misdemeanors and
petty offenses
• (B): Added duties to the list of criminal duties: conducting all pre-
adjudication duties in a juvenile delinquency case; requesting a
presentence investigation report in misdemeanor cases; and
accepting jury verdicts in cases tried before a district judge
• (D)(2): Modified to mirror language in federal rules and statutes.
Added page limits and prohibition against a reply re: objections to
a magistrate judge’s non-dispositive orders
• (D)(3): Added page limits and prohibition against filing a reply re:
objections to a magistrate judge’s Report and Recommendations
7
