N.D. Sup. Ct. Admin. R. & Ord. 5

As amended through March 18, 2024

Rule 5 - Powers and Duties of the Clerk of the Supreme Court

Under N.D. Const. art. VI, § 3 and Chapter N.D.C.C. ch. 27-03, the supreme court of North Dakota promulgates the following rule relating to the powers, duties, qualifications, and term of office of the clerk of the supreme court:

Section 1. The minimum qualification of the clerk of the supreme court is a juris doctor degree and five years of experience in a court or closely related legal setting which would provide a working knowledge of appellate rules, procedures and practices.

Section 2. The clerk of the supreme court is appointed by the chief justice with the approval of the justices of the supreme court and serves at the pleasure of the court.

Section 3. The clerk of the supreme court serves as secretary-treasurer of the state board of law examiners as provided by N.D.C.C. § 27-11-10 and serves as secretary of the disciplinary board of the supreme court.

Section 4. Under the authority of the justices of the supreme court and the supervision of the chief justice or administrative Justice, the clerk of the supreme court has authority to:

(a) employ and supervise such deputies, assistants and staff as may be necessary;

(b) supervise the calendaring and assignment of cases, court records, statistical reporting and filing, distribution and publication of opinions of the supreme court;

(c) serve as recording secretary for meetings of the justices;

(d) serve as liaison with the public, members of the bar, and the news media;

(e) grant motions or applications for orders which are supported by stipulations signed by counsel for the respective parties consenting to the relief sought;

(f) consider and determine motions and petitions seeking:

(1) to file or extend the time for filing briefs, records on appeal, transcripts, pleadings and other papers provided for by the North Dakota Rules of Appellate Procedure; and to deny extensions of time for filing briefs in excess of thirty days;

(2) to consolidate cases;

(3) to file amicus curiae briefs;

(4) to file briefs in excess of the prescribed number of pages;

(5) to remand record to the trial court for purposes of preparation of the record;

(6) to direct correction in record upon agreement of parties and/or court reporter;

(7) to substitute parties;

(8) to enlarge time for argument;

(9) to appeal in forma pauperis;

(10) to refer to the appropriate trial court requests for appointment of counsel for an indigent appellant;

(11) to stay or recall a mandate;

(12) to advance or continue cases for oral argument;

(13) to assign a judge when a demand for change of judge is filed;

(14) to rule on other purely procedural matters relating to any action, proceeding, or process in the supreme court preparatory to hearing or a decision on the merits.

Any person adversely affected by orders issued by the clerk of the supreme court under subsection 4(f) may request reconsideration, vacation or modification of the order under N.D.R.App.P. 27(c).

The clerk of the supreme court will perform other services and assume other responsibilities as the chief justice or justices of the supreme court may direct.

N.D. Sup. Ct. Admin. R. & Ord. 5

Adopted effective 1/1/1980; amended effective 8/1/1997,8/1/2001; 7/19/2006; amended effective 8/11/2021.