N.D. Sup. Ct. Admin. R. & Ord. 1
The longstanding public policy of the State of North Dakota is that records of public or governmental entities are public, open and accessible for inspection. This rule implements the constitutional open records provision for the judicial branch. To do so, the supreme court through this rule exercises its constitutional authority to provide for management of judicial branch records by adopting the structure and many of the procedures applicable to the rest of state government.
By this rule, the court exercises its authority under N.D.Const. art. XI, § 6 and art. VI, § 3. Unless another procedure is specifically provided in this rule, the procedures set out in N.D.C.C. § 44-04-18(2021) for access to records of other public entities are expressly adopted as the procedures for accessing court records. Statutory amendments after the effective date of this rule are not applicable to the judicial branch unless expressly adopted by an amendment to this rule.
The procedures adopted by reference to N.D.C.C. § 44-04-18 are to be read applying the definitions provided in this rule. These procedures include the reasonable fees that may be charged, the permitted form of request, the reasonable time for response, the number of copies that will be provided, and other requirements. Under N.D.C.C. § 44-04-18(6), any request for records must comply with any applicable court orders or rules relating to discovery or privilege.
N.D. Sup. Ct. Admin. R. & Ord. 1
Explanatory Notes to Section 1.
By adopting the procedures in N.D.C.C. § 44-04-18, the court does not adopt the remedies set forth in that section for delay or denial of access.
Attorney General opinions are instructive, but not binding on the judicial system.
Cross ref: N.D. Const. Art. I, sec. 9; N.D. Const. Art. I, sec. 12; N.D. Const. Art. XI, sec. 6; N.D.C.C. Ch. 44-04; N.D.C.C. §§ 27-02-08-10.