N.D.R.Ct.
RULE 3.1 PLEADINGS
(a) Legibility and Numbering. All pleadings and other instruments must be typewritten, printed, or reproduced and easily readable. Each sheet must be separately numbered. Pleadings and other papers filed with the court, except as otherwise permitted by the court, must be prepared on 81/2 x 11 inch white paper.
(b) Signature. All pleadings and other instruments of a party represented by an attorney must be signed by at least one attorney of record in the attorney's individual name and contain the attorney's address, telephone number, and State Board of Law Examiners identification number. All pleadings and other instruments of a party who is not represented by an attorney must be signed by the party and contain the party's address and telephone number.
(c) Spacing and Names. Writing must appear on one side of the sheet only and must be double-spaced, except for quoted material. Names must be typed or printed beneath all signatures.
(d) Binding. All pleadings or other instruments in an action or proceeding must be filed by the clerk flat and unfolded and each set of papers firmly fastened together.
(e) Non-conforming Instruments--Sanctions. If a party fails to comply with this rule, the court on motion of a party or its own motion, may order the pleading or other instrument to be reformed. If the order is not obeyed, the court may order the instrument to be regarded as stricken and its service to be of no effect.
(f) Copy of Lost Papers. If any original paper is lost or withheld by any person, the court may authorize a copy thereof to be filed and used instead of the original.
(g) File Numbers. The clerk, at the time of the filing of a case and at the time of the filing of any responsive pleading, shall assign a file number to the case and immediately notify the attorney of record of the file number assigned to the proceedings. Thereafter, all instruments and pleadings to be filed must bear the assigned file number on the front or title page in the upper righthand portion of the instrument to be filed. Instruments and pleadings that do not conform to this rule will not be filed by the clerk until they are in compliance with this rule.
(h) Proof of Service Attached. Proof of service must be securely attached to the original papers when they are presented to the clerk for filing.
(i) Personal Information, Tax Returns and Medical Records.
(1) Personal information.
(A)"Personal information" means a person's social security number; birth date; motor vehicle operator's identification number; and any credit, debit, or electronic fund transfer card number.
(B) Whenever an individual's personal information is required on any pleading or other paper that is to be filed with the court, the personal information must be submitted on a separate form entitled Confidential Information Form (see Appendix G to these rules) and must not otherwise appear on the pleading or other paper. As an alternative, the filing party may prepare and file an original and one copy of the pleading or other paper if all personal information is completely removed or obliterated from the copy.
(2) Tax returns and medical records. Copies of tax returns and medical records required to be filed with the court must be submitted in a separate envelope marked "CONFIDENTIAL (TAX RETURN OR MEDICAL RECORD) OF __________________ for YEAR(S) ___________."
(3) Failure to comply. A party who fails to comply with the requirements of this rule may be deemed to have waived their right to privacy in their personal information, tax return, or medical record filed with the court and the court may impose appropriate sanctions, including costs necessary to prepare an appropriate redacted copy, for a party's failure to comply with this rule in regard to another individual's personal information, tax return, or medical record.
EXPLANATORY NOTE
Rule 3.1 was amended, effective January 1, 1988; March 1, 1996; March 1, 1999; March 1, 2004.
A new subdivision (b) was added, effective March 1, 1996, which contains signature requirements. The letter designation of each existing subdivision was amended accordingly.
Subdivision (g) was amended, effective March 1, 1999, to allow notification by means other than mail.
Subdivision (i) was added, effective March 1, 2004, to protect personal information submitted with pleadings or other papers filed with the court.
SOURCES: Joint Procedure Committee Minutes of _________________pages_____; April 24-25, 2003, pages 6-12; January 29-30, 1998, page 22; September 29-30, 1994, pages 6-7.