What are North Dakota Court Records?

Transcripts

Written records of spoken words in court proceedings

Sworn Affidavits

Written statements made under oath

Briefs

Written legal arguments presented by attorneys

Court Orders

Official instructions or directives issued by a judge

Judgments and Verdicts

Final decisions in a case made by a judge or jury

Legal Motions

Formal requests made to a court for a specific action

Evidence

Physical objects, documents, or testimony presented in court to prove or disprove facts

Deposition Tapes

Recordings of witness testimonies taken outside of court

Court Minutes

Summaries of court proceedings

Summonses and Subpoenas

Legal documents notifying individuals of a lawsuit and requiring their participation or information

Indexes

Reference tools that list documents and their locations within a court file

Court Calendars

A schedule of court hearings and proceedings

Docket Sheets

Chronological listings of court actions and filings in a case

Register of Actions

An official record of court cases

Criminal Cases

Criminal cases in North Dakota involve actions that violate provisions of local and state criminal laws. These actions are considered offenses against society; as such, they are prosecuted by State Attorneys on behalf of the state (and the victim of the crime). Criminal offenses in North Dakota are classified into three types based on the severity of the crime and the penalties involved:

• Felonies: these are the most severe crimes in North Dakota, punishable by long-term imprisonment of more than a year (at least) and fines exceeding $3,000. Examples include aggravated assault, armed robbery, drug trafficking, and murder. Felonies are further divided into four groups: class AA, class A, class B, and class C. Class AA felonies are the most severe and carry a maximum penalty of life imprisonment without parole, while class C felonies are the least serious, with a maximum penalty of five years imprisonment and/or a $10,000 fine.
• Misdemeanors: these are less severe offenses than felonies and are usually punishable by shorter jail terms and smaller fines. Examples include domestic assault, disorderly conduct, and prostitution. There are two types of misdemeanors in North Dakota: class A and class B. Class A misdemeanors can result in up to one year in jail and a $3,000 fine, while class B misdemeanors can result in up to 30 days in jail and a $1,500 fine.
• Infractions: these are the least severe types of offenses and usually involve traffic violations. Infractions do not typically result in jail time; instead, they are punishable by fines of up to $1,000 or alternative sentencing (like traffic school). However, individuals who commit three infractions for the same offense within one year can be charged with a class B misdemeanor, which carries potential jail time.

The criminal process in North Dakota typically begins with an investigation into the alleged crimes, followed by an arrest. The State's Attorney then files charges against the defendant (the person accused of the crime), who will be required to enter a plea of either guilty, not guilty, or no contest. If the defendant pleads "not guilty", the case goes to trial. Trials are usually by jury unless the defendant waives their right to a jury trial (with the consent of the prosecuting attorney and the court's approval). During trials, the burden is on the State's Attorney to prove the defendant's guilt "beyond a reasonable doubt" to secure a conviction. This high standard of proof is a unique feature of criminal cases. If the defendant is found guilty, they may appeal the conviction.

Civil Cases

Civil cases in North Dakota address disputes between individuals, businesses, or organizations. Common examples of these cases include:

• Personal injury claims
• Contract disputes
• Family law cases
• Property disputes
• Small claims cases
• Probate and guardianship matters

The primary focus of civil cases is resolving conflicts between aggrieved parties and providing remedies, which often include monetary compensation. Civil cases are initialed by private parties (unlike criminal cases, which a State's Attorney must initiate) and begin with the plaintiff (the initiating party) filing a complaint against the defendant. The defendant is then notified of the lawsuit. Civil cases usually involve a pre-trial conference to iron out the issues and explore settlement options. Many civil matters often end at this stage. However, if the case proceeds to trial, the plaintiff must prove their case by "a preponderance of the evidence", meaning that the evidence they present must be more convincing and credible than the evidence presented by the defendant. This standard of proof is considerably lower than what applies to criminal cases.

North Dakota Supreme Court

The North Dakota Supreme Court is the state's highest court. This court holds appellate jurisdiction over decisions made by lower courts and has the final say on all cases filed in the state. In addition, the Supreme Court is responsible for regulating the practice of law in North Dakota, establishing statewide rules of procedure for all courts in the state, and managing the state's judicial system.

The North Dakota Supreme Court consists of five justices, each elected for a 10-year term through nonpartisan elections. These justices must be licensed attorneys who are United States and North Dakota citizens. Their 10-year terms are staggered so that one seat is up for election every two years – in situations where a justice retires or dies, the governor may appoint a replacement to serve their term until the next election.

North Dakota Court of Appeals

The North Dakota Court of Appeals is a temporary intermediate appellate court created in 1987 to assist the Supreme Court with its caseload. This court comprises three judges who serve one-year terms. These judges are selected from a pool of active and retired district court judges, retired justices of the Supreme Court, and attorneys, and they only hear cases assigned to them by the Supreme Court.

North Dakota Municipal Courts

North Dakota Municipal Courts are limited jurisdiction courts that handle criminal and non-criminal violations of city ordinances, excluding ones involving juveniles; these courts also have no jurisdiction over domestic violence charges.

Municipal Court judges are elected to four-year terms. In cities with populations of at least 5,000, these judges must be state-licensed attorneys; all municipal judges are also required to complete an orientation program no later than three months after taking office, regardless of whether they are licensed attorneys or not.

North Dakota District Courts

The North Dakota District Courts operate in all of the state's 53 counties, serving as the primary trial courts. These courts have original and general jurisdiction over most legal matters and exclusive jurisdiction over criminal and juvenile cases (involving minors who are unruly, delinquent, or deprived); they also have the authority to issue original and remedial writs. The District Courts may also hear appeals on decisions made by state administrative agencies. Note that these appeals do not involve retrials; instead, the courts review records from the administrative proceeding and either uphold or overturn the decision.

District Court judges are elected to six-year terms in nonpartisan elections. Like the Supreme Court justices, these judges must be licensed North Dakota attorneys, U.S. citizens, and state residents. If a judgeship vacancy arises, the governor may appoint a replacement or call a special election, and the appointed judge gets to serve out the term until the next general election.

Specialty Courts

Specialty Courts are specialized court programs under the District Courts designed to address specific criminal justice issues and offer eligible offenders alternative options to traditional incarceration. This usually involves intensive judicial supervision, treatment, and rehabilitation services. These specialty courts include:

• Domestic Violence Court
• Adult Hybrid DWI/DUI Courts
• Juvenile (and Juvenile Drug) Courts
• Veterans Treatment Court