North Dakota Court Case Lookup
A court case in North Dakota is a legal exercise where a judge, group of judges, or jury hears arguments and evidence from two or more disputing parties to issue a judgment or make a ruling.
A party ("person") could be an individual, organization, or a group of people under the state's jurisdiction and subject to its law as explained in Rule 4 of the North Dakota Rules of Civil Procedure (N.D. R. Civ. P. 4). The parties involved in a court case normally include a plaintiff or prosecutor who brings the case against the defendant or suspect.
Different courts in the state's court system are responsible for hearing and resolving legal disputes. North Dakota operates a three-tier court system which includes the North Dakota Supreme Court at the highest level, the North Dakota Court of Appeals at the middle level, and the North Dakota District Courts and the North Dakota Municipal Courts at the lowest level.
Cases typically start at the lowest level of the court system and make their way to the Supreme Court through appeals.
Anyone can look up public court case records in North Dakota using the resources provided by the state's court system.
But before looking up a court record, it's important to know different details about the case. These details include the case type, which court's jurisdiction the case falls under, and the county or municipal court that handled the case.
Note that each county, municipal, and court (such as the North Dakota Supreme Court) has different procedures for viewing case records and using any of its established search utilities. Individuals may be required to pay a fee and use a specific method to request a case record.
People who want physical copies of court case records or get written responses directly from the clerk of court can send a written request.
Are Court Cases Public Record in North Dakota?
Yes, Section 6, Article XI of the North Dakota constitution guarantees that the public can inspect almost any court record upon request. The provision in the state’s law formed a sustained public practice of easy access to records of governmental or public bodies, including courts. The state constitution requires organizations that run on public funding, either partly or fully, to make their records available to the public unless they are specifically exempt by law.
The North Dakota Supreme Court consequently created Administrative Rule 41 to regulate the public's access to court cases and determine which cases and information are available for public viewing. As a result, courts can seal, redact, or altogether withhold some case records from the public in line with the rule or through a court order.
Members of the public can request access to confidential or exempt records, and a court can also consider granting access. The court considers if there are enough reasons to grant any party’s request based on existing state law and other guidelines in Administrative Rule 41.
Requests for comprehensive criminal records, which include more information than case records in criminal cases, go through North Dakota's Bureau of Criminal Investigation (BCI), which typically involves a fee.
Can I Get North Dakota Court Case Documents Online?
Yes, members of the public can access North Dakota court case documents and information online.
For example, the North Dakota Courts Records Inquiry page allows members of the public to carry out online searches using the Odyssey case management system. The system allows individuals to narrow their search by district or county and case type before entering details of the case to pull up the record.
Odyssey contains information for North Dakota District Courts traffic, civil, family, probate, and criminal cases. The public can also look up some municipal court case records using the system. The resource provides information preserved by court clerks in the courthouses responsible for any case.
However, the database can be quite limited because the records available depend on when each county adopted the system. So, records that existed before a county started using the system may not be available.
Requesters will only get to see information such as the case status (if it's ongoing or closed), the defendant and plaintiff info, attorneys, and events and hearings timeline. Other records can be accessed through the clerk of court.
Courthouses also operate public terminals that members of the public can use to access publicly available court case records. They usually don’t charge for using such terminals to inspect and print case documents and information.
How to Conduct a North Dakota Court Search by Name
Individuals can conduct a court search by name in North Dakota by going to the North Dakota Court System website and using the online search tool to access Odyssey. The Odyssey case management system allows requesters to use different search parameters, including names of defendants, names of attorneys, approximate date of filing, citation number, and case number, to search for public case records.
Another place to conduct a name search is the courthouse in the county where the case was filed. Members of the public can visit in person to perform the search or send a written request to the clerk of court's office. Interested individuals will need to provide the full name of the person they are searching for and any other relevant information.
What is a Court Case Number?
A court case number serves as a tracker in the court system. In North Dakota, it is typically a combination of numbers and letters that help identify a case. By looking at the case number, individuals can identify the jurisdiction or county handling the case, the case type, the year the case was filed, and the serial number assigned by the court.
Court case numbers are also helpful to search parameters. Members of the public can use these numbers to look up any case record. When submitting a request to access any case, the case number is usually enough to locate the requested records or pull up a case file. The number can also facilitate communication between lawyers and the parties involved in a case.
How to Conduct a Case Number Search in North Dakota
Individuals interested in gathering information about a court case can use the case number. Courthouse public terminals and online portals provide search functions that allow requesters to use case numbers to look up records.
It's also possible - and easier - to use the case number when requesting case records in writing.
In situations where the case number is unavailable, requesters can use other search parameters, such as the defendant's name, date of filing, and attorney information to pull up case records. Once the result appears, they'll see the case's unique identification number.
How to Remove Court Cases From Public Record in North Dakota
Parties involved in a case or any person whose information appears in the court record can ask the court to restrict public access to the case. They can start the process by submitting a motion to the court in writing and providing notice to every party in the case.
However, if the case or the records that the interested party requests to be restricted don’t fall into the category of confidential records (subsection 3(a)(6) of North Dakota's Supreme Court Administrative Rule 41), then the court will consider if there are sufficient grounds to grant the request.
In considering, the court will weigh the arguments presented by the requester and decide whether those reasons outweigh the general expectation that court case records should be open to the public. To reach that conclusion, the court must consider the safety of the public, a party’s interests and privacy rights, proprietary or confidential business information, and the safety of the individual as outlined in subsection 4(a)(3) of Administrative Rule 41.
If a defendant is acquitted of a crime or the charges against them are dismissed, the court can decide to block public remote access to the case's electronic records after it analyzes the case and concludes that such action will serve the interest of justice. However, the records will be available when individuals request them in a courthouse.
Helpful resources for requests to prevent public access to court records are available on the Requests to Prohibit Public Access to Court Case Records page of the North Dakota Courts website.
How to Check a Court Case Status in North Dakota
Interested parties can check the status of any court case in North Dakota by going to the public search page of the state’s Supreme Court website.
Once on the site, visitors can choose to filter results by county or district, then select the type of case whose status they want to check. They can then enter the case or citation number, the defendant's name, the attorney's name, or the approximate date the case was filed. They can also use the Case Type field to narrow down the type of case to be displayed on the results page.
Once the search result appears, the case status (closed or open) appears in the case information table.
How to Find Supreme Court Decisions in North Dakota
Decisions, judgments, and opinions of the North Dakota Supreme Court are published online and publicly available. Anyone can search for judgments through the Opinions/Docket search page of the North Dakota Courts website. The page allows visitors to filter search queries using the docket number, case title, author, citation number, and case topic.
Interested citizens can also send a request to the Supreme Court clerk for court records, including concluded case judgments. However, the easiest way to find the decisions and other Supreme Court case records is through the court’s website.
What Percentage of Court Cases Go to Trial in North Dakota?
According to the 2021 North Dakota Court System Annual Report, there were 159,127 cases filed in the state's district courts. Out of those cases, 285 went to a jury trial. That means about 0.18% of cases filed in the state's district courts were tried before a jury.
In contrast, the percentage was 0.11 in 2020.
How Long Does a Court Case Last in North Dakota?
In North Dakota, there's no set duration for court case resolution. Each case in any state court is unique, so a less complicated case like a traffic violation may last a few days to weeks, while more complex cases like defamations or corporate disputes can take months or years to resolve.
Many different factors can shorten or protract a court case. For example, a deposition in a particular case may take weeks to months due to the number of witnesses involved. Also, some court cases may be prolonged if any party decides to appeal.
However, judges have jurisdiction to set time limits for specific court proceedings, and the court can set trial dates and deadlines in specific situations.
North Dakota also established case management time standards for district courts under Administrative Rule 12 to promote efficiency and avoid unnecessary delays.
How to File a Case in Court in North Dakota
Members of the public can start a civil action by sending a summons accompanied by a complaint to the party they want to sue, whether it's an individual or an organization. Note that, in North Dakota, a civil action only starts when the plaintiff serves the summons to the defendant.
However, there are different things to consider and confirm before starting a civil action:
- Is the dispute (subject matter) under the jurisdiction of the North Dakota district court?
- Is the party (“person”) under the jurisdiction of the North Dakota district court?
- Is the case being filed in the right district?
- What is the applicable statute(s) of limitation for the civil case, and does this case fall within the legal time frame (statute of limitation) for filing a claim?
Once these factors are confirmed, the plaintiff can proceed with servicing the summons and filing the complaint and summons with the district court. While filing the summons and complaint with the court does not officially start the case, the plaintiff must complete the process before the court can take specific actions, such as considering order requests, issuing subpoenas, and issuing orders.
Individuals and organizations filing a case have to pay a specific fee for filing. They will have to find out how much is involved and how to pay from the office of the clerk of court.
Interested parties can find the information and the resources they need to file a case on the Starting a District Court Civil Action page of the North Dakota Courts website.
On the other hand, criminal cases start when an interested party files a complaint with a court to seek an arrest warrant or summons. State prosecutors typically initiate criminal proceedings.
What Does It Mean if a Court Case Was Resolved Before the Trial Date?
Resolving a court case before trial means the parties involved in the case come together to reach an agreement or a settlement without the need for the judge or jury to make a ruling or judgment. They could resolve the case outside the court through different means, including:
- Negotiation: Where parties in the case engage in talks to reach a mutually acceptable compromise.
- Mediation: Where an impartial third party facilitates negotiations between the parties involved in the case to help them reach a satisfactory resolution for both sides.
- Plea bargain: Where the prosecutor, the defendant, and the defendant’s lawyer, may negotiate a guilty plea to a less severe charge in return for lesser charges or a more lenient sentence.
- Settlement: Parties can reach settlements after negotiation or mediation, and one party may choose to pay an agreed-upon compensation, change a contract, or reach a mutually acceptable resolution.
- Dismissal: A judge can dismiss a case, preventing it from reaching the trial stage because of insufficient evidence, lack of jurisdiction, and failure to state a claim, amongst other reasons.