North Dakota Courts
The judicial branch of North Dakota operates three levels, and each handles various types of cases. A temporary Court of Appeals sits when summoned by the state’s highest court.
The Municipal Courts in North Dakota have jurisdictions within the cities where they operate and hear cases involving violations of city laws. Cases involving minors and those that violate state laws are outside the jurisdiction of Municipal Courts. Out of the 357 cities in North Dakota, Municipal Courts only exist in about 90 of them. Cities with a population below 5,000 residents can decide whether or not to have Municipal Courts. Other cities may agree with the District Court in their locations to hear offenses violating municipal laws. North Dakota has about 75 Judges presiding over cases at the 90 Municipal Courts in the state. The state laws require Municipal Court Judges in cities with more than 5,000 residents to be licensed attorneys. In cases where that condition cannot be fulfilled, volunteers serving as Lay Municipal Judges are assigned to the Municipal Courts. Typically, Municipal Court Judges serve for four years in office.
North Dakota District Courts have exclusive jurisdiction over most cases, except stated otherwise in the laws. They supervise the Juvenile Courts. These are courts that have jurisdiction over trials involving minors. The courts also receive appeals on cases decided by the Municipal Courts and hear cases involving the state’s administrative boards and agencies.
The North Dakota Supreme Court is the court of last resort in the state. It has appellate jurisdiction to review cases decided by the lower courts. The Supreme Court is also tasked with the duty of regulating the practice of law in North Dakota, as well as establishing procedures and policies for other courts in the state. It was created in 1861 and has five justices presiding over the court who are elected to a ten-year term. A Chief Justice, elected by other justices and the District Courts judges, is the administrative head of the Supreme Court. The Chief Justice serves for five years in office. The Supreme Court Chief Justice presides over Supreme Court arguments, represents the judiciary at state functions, and serves as the administrative head of North Dakota courts.
Where necessary, the Supreme Court can constitute a panel of active and retired Justices and Judges to serve on the Court of Appeals. The provision for the temporary Court of Appeals was enacted in 1987. The Court of Appeals provides appellants at the Supreme Court with access to quick, free, and fair trials. Once approved by the Supreme Court, the Chief Justice constitutes a panel of retired Supreme Court Justices, active or retired District Court Judges, and lawyers to review cases assigned by the Supreme Court. The panel sits at Bismarck and other cities across the state. The Clerk of the Supreme Court provides clerical services to the Court of Appeals panel. All other courts have an administrative office that is tasked with generating and disseminating North Dakota court records relevant to its designated court.
The ultimate goal of the judicial, executive, and legislative branches of the North Dakota government is to enact laws and ensure order within the state.
What is the North Dakota Supreme Court?
Established by an act of the 1889 Constitution, the North Dakota Supreme Court is the court with the highest authority in the state. It reviews decisions made by lower courts. Five Justices, including the Chief Justice, preside over cases appealed to the Supreme Court. The Justices are elected in nonpartisan elections to serve for ten years. Their elections are staggered so that only one position is vacant and up for election every two years. When death or retirement causes an unexpected vacancy, the governor can appoint a justice to fill the position pending election. The Supreme Court sets up panels to sit as temporary Court of Appeals when burdened with caseloads to ensure quick dispensation of justice. Active justices, active and retired District Court judges, and lawyers constitute such panels. The cases assigned by the Supreme Court are the only ones handled by the temporary Court of Appeals.
North Dakota District Court?
The District Courts in North Dakota are general jurisdiction courts. They hear both civil and criminal cases and also receive appeals from the Municipal Courts. The Juvenile Courts and Small Claims Courts are divisions of the North Dakota District Courts. This is the reason they have jurisdiction over cases involving minors. There is a District Court in each of the 53 counties of North Dakota. These counties are divided into eight different Judicial Districts. The District Courts have 52 Judges, distributed among the eight Judicial Districts, and are elected in nonpartisan elections to six-year terms.
Each of the 53 counties in North Dakota has one District Court, and are divided into eight judicial districts for administrative purposes. These districts and the counties under them are:
- Northwest District: Divide, McKenzie, and Williams Counties.
- Northeast District: Benson, Bottineau, Cavalier, McHenry, Pembina, Pierce, Ramsey, Renville, Rolette, Towner, and Walsh Counties.
- North Central District: Burke, Mountrail and Ward Counties.
- Northeast Central District: Grand Forks and Nelson Counties.
- East Central District: Cass, Steele, and Traill Counties.
- Southeast District: Barnes, Dickey, Eddy, Foster, Griggs, LaMoure, Ransom, Richland, Sargent, Stutsman, and Wells Counties.
- South Central District: Burleigh, Emmons, Grant, Kidder, Logan, McIntosh, McLean, Mercer, Morton, Oliver, Sheridan, and Sioux Counties.
- Southwest District: Adams, Billings, Bowman, Dunn, Golden Valley, Hettinger, Slope, and Stark Counties.
There are a total of 52 District Court Judges in North Dakota. They are distributed across the state. The South Central Judicial District has ten judges, seven are assigned to the Southeast District, and the Southwest Judicial District has four. The Northwest Judicial District has six judges, five sit in the North Central District, five at the Northeast Central, while six judges are assigned to the Northeast Judicial District. At the East Central Judicial District, nine Judges preside over the courts. The judges in each district elect one from among them to serve as a Chief Judge for three years.
North Dakota District Courts judges are elected through nonpartisan elections to serve for six years. At the end of their tenure, they may choose to seek re-election. If a vacancy exists in this court, the Supreme Court has the right to transfer that seat to another district or abolish it. The Supreme Court may also decide to fill that vacant seat. The Governor may appoint a judge from a list of nominees drawn by the Judicial Nominating Committee to fill the vacant position. Otherwise, a special election to fill a vacant Judge’s position will be conducted. If a seat is filled by appointment, the appointed judge only gets to serve for two years before an election is conducted, and the winner will serve the rest of the term.
North Dakota Municipal Court?
Municipal Courts in North Dakota only have jurisdiction within the cities they serve. They hear cases involving traffic violations and other offenses against city laws. However, suits involving minors and infractions against state laws are not under the purview of Municipal Courts. Municipal Courts exist in only about 90 of the 357 incorporated cities in North Dakota. Communities having less than 5,000 residents can decide whether they want a Municipal Court or not. Those that decide not to have one can seal agreements with the state to have District Court judges hear cases of municipal law violations. About 75 Judges preside over Municipal Courts statewide. Cities with more than 5,000 residents are mandated to have only licensed attorneys serving as judges unless it is not feasible. The distribution of Municipal Court judges in North Dakota is 19 legally-trained Judges and about 46 lay Municipal Judges.
What are Appeals and Court Limits?
An appeal is a process of approaching a court of higher authority to review decisions made by lower courts. In North Dakota, decisions of the Municipal Courts are appealed to the District Courts, while those of the District Courts are appealed to the Supreme Court or the temporary Court of Appeals.
To appeal to the District Courts, a notice of appeal must be filed with the Municipal Court within 30 days after the entry of judgment. The time limit may be extended for another 30 days for tenable reasons. The Municipal Court will typically transfer notice of appeal to the District Court within five days. New trials can be conducted at the District Court, especially if there is new evidence about a case. Appealing Municipal Court decisions at the District Court is free of charge.
It is unnecessary to hire a lawyer to appeal a District Court judgment at the Supreme Court. Parties involved may decide to represent themselves. To appeal civil cases, the notice of appeal must be filed within 60 days of the court ruling. A non-refundable $125 filing fee must be paid not later than 14 days after the notice of appeal has been filed. Indigent litigants may petition the Supreme Court to waive the appeal filing fee for them, and if approved, will not pay. However, they will pay for any other costs incurred during the appeal process. For criminal cases, the notice of appeal must be filed within 30 days after the judgment has been entered. It is convenient for the notice of appeals to be sent via email to the Clerk of the Supreme Court. However, allowances are made for petitioners representing themselves and imprisoned parties to hand-deliver or send the notice by mail.
The appeal process entails the Appellant filing briefs initially. Briefs submitted must not exceed 38 pages. The Appellee has 30 days after being served with the Appellant’s briefs to respond with a corresponding brief. This brief must also not exceed 38 pages. If necessary, the Appellant may be required to file a reply brief no later than 14 days after the Appellee’s briefs. The response must not exceed 12 pages, and it must not contain new disputes or previously stated points. It is only meant to answer questions raised by the Appellee’s briefs. Oral arguments may, sometimes, be necessary. During oral arguments, the Appellant has 30 minutes to make their case while the Appellee has 20 minutes to respond.
It usually takes between 60 to 90 days after the scheduled date for arguments for the Supreme Court to pass judgments. The decision reached by the court will be sent to all parties involved in the case by email or fax. If the information necessary for that is unavailable, judgments will be dispatched by mail. As the court of last resort, the decisions made by the Supreme Court are final. Dissatisfied parties may apply for rehearing at the same Supreme Court within 14 days after the receipt of the initial judgment. Petitions for rehearing are hardly granted, and when they are, decisions are rarely overturned.
How Do I Find My Case Number in North Dakota?
Using the Odyssey online case management system, requestors can use other case information to find case numbers. Some parameters which requestors can use are names of the defendant, attorney’s name, attorney’s bar number, and date the case was filed.
Does North Dakota Hold Remote Trials?
North Dakota resumed remote trials for some cases as a way of adapting to the COVID-19 pandemic. Since limiting human contact is the only way of curtailing coronavirus spread, North Dakota courts adopt remote hearings where possible using video conferencing technology. In several administrative orders issued by the Supreme Court Chief Justice, Judges of North Dakota are encouraged to adopt electronic trials as much as possible. One of such orders approved electronic hearing for emergency and merits trials.
