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

As amended through March 18, 2024

Section 5 - Methods of Access to Court Records

(a) Methods of Access.

Unless otherwise provided in this rule, access to records will be consistent with the terms of N.D.C.C. § 44-04-18.

(b) Remote access.

In order to reduce administrative burden on the court and to provide greater public access to records, the court may provide remote access to court records that are not confidential records.

As a result of insufficient compliance with redaction requirements, the following records are not available through remote access:

(1) Any document not available by remote public access prior to January 1, 2020;

(2) Transcripts prepared for an appeal where there has been an assertion of rights in the trial or appellate court under Article I, Section 25, of the North Dakota Constitution;

(3) Audio or video recordings;

(4) Documents received but not filed by the clerk of the supreme court or district court.

(c) Access to court records at a court facility.

(1) A public access terminal will be available at each county courthouse for use by the public to access to court records stored in the Odyssey system. Upon receipt of a request for court records, court personnel may initially direct the person requesting records to the public access terminal.

(2) Request for access to other records. Any person desiring public access to a court record that is not available on the public access terminal may request the record from the clerk of court or the state court administrator. If a request is not in writing, court staff may require a written clarification if disclosure of the records requires evaluation by the court. The request must clearly identify the record requested so that the record custodian can locate the record with reasonable effort. Continuing requests for a document not yet in existence may not be considered. The record custodian may not ask the motive or reason for requesting the records or for the identity of the person requesting public records.

(d) Response to request to access case records.

A clerk of court is not required to allow access to more than ten case files per day per requestor but may do so in the exercise of the clerk's discretion if the access will not disrupt the clerk's primary function. If a request for access and inspection is granted, the clerk may set reasonable time and manner of inspection requirements that ensure timely access while protecting the integrity of the records and preserving the affected office from undue disruption. The inspection area must be within full view of court personnel whenever possible. A person inspecting records will be directed to remain in the court facility until the records are returned and examined for completeness.

(e) Response by court to request to access case records.

If a clerk determines there is a question about whether a case record may be disclosed, or if a written request is made under subsection 4(a) for a ruling by the court after the clerk denies or grants an access request, the clerk must refer the request to the court for determination. The court must use the standards listed in subsection 4(a) to determine whether to grant or deny the access requested.

(f) Response to request to access administrative records.

The state court administrator may set reasonable time and manner of inspection requirements that ensure timely access while protecting the integrity of administrative records and preserving the affected office from undue disruption. If there is doubt about whether an administrative record may be an exempt record or a confidential record, the matter must be referred to the state court administrator for determination. The state court administrator must use the standards listed in subsection 4(a) to determine whether to allow access to the record.

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

Rule amended effective 11/1/2022.