N.D. Sup. Ct. Admin. R. & Ord. 26

As amended through March 18, 2024

Rule 26 - Court Records Management

Section 1. Authority and Policy.

(a) Pursuant to Article VI, Section 3 of the North Dakota Constitution, and Sections 27-02-05.1 and 54-46-06, NDCC, the North Dakota Supreme Court has the administrative authority to promulgate rules of procedure to be followed by all courts of this state.

(b) This Rule is intended to provide the State Court Administrator with the authority to establish a program for the management of court records by clerks of court of the trial courts in the North Dakota Judicial System.

Section 2. State Court Administrator.

(a) The State Court Administrator shall have general administrative supervision over the management of court records by clerks of court in this state under such clerk of court policies and procedures as the State Court Administrator may from time to time prescribe.

(b) The duties and responsibilities of the State Court Administrator shall include:

(1) establishment of a uniform current procedures manual, available free of charge to the clerks of court, and updated promptly after each legislative session;

(2) implementation of a coordinated, uniform, annual forms acquisition program for clerks of court;

(3) establishment of uniform clerk of court accounting procedures not in conflict with those established by the State Auditor;

(4) preparation of schedules and procedures for the retention and disposition of court records;

(5) establishment of standards and procedures for microfilming court records; and

(6) establishment of uniform standards and procedures for clerk of court jury administration services.

(c) The State Court Administrator may issue clerk of court policies or amendments to clerk of court policies pursuant to the authority in this section after consultation with the Court Services Administration Committee, or its designated subcommittee.

Section 3. Advisory Service.

The State Court Administrator shall consult with and, when requested, advise in writing clerks of court on questions relating to the duties of their offices.

Section 4. Effective Date.

This Rule shall take effect on September 1, 1987.

Dated this 29th day of July, 1987.

Ralph J. Erickstad, Chief Justice

Gerald W. VandeWalle, Justice

H. F. Gierke III, Justice

Herbert L. Meschke, Justice

Beryl J. Levine, Justice

ATTEST:

Joanne Eckroth

Deputy Clerk

N.D. Sup. Ct. Admin. R. & Ord. 26

Adopted effective 9/1/1987; amended effective 8/11/2021.