Notice of Appearance - North Dakota

NOTICE OF APPEARANCE

State of North Dakota — District Court

1. COURT HEADER AND CASE CAPTION

STATE OF NORTH DAKOTA                              IN DISTRICT COURT

                                                   [________________________________]
                                                   JUDICIAL DISTRICT

COUNTY OF [________________________________]       Case No. [________________________________]

[________________________________],
     Plaintiff(s),

          v.                                       NOTICE OF APPEARANCE

[________________________________],
     Defendant(s).

2. JUDICIAL DISTRICT IDENTIFICATION

Select the applicable judicial district (North Dakota has 7 judicial districts):

☐ Northeast Judicial District — Cavalier, Grand Forks, Nelson, Pembina, Ramsey, Towner, Walsh counties
☐ Northeast Central Judicial District — Eddy, Foster, Griggs, Steele, Trail counties (and Grand Forks shares)
☐ East Central Judicial District — Cass, Traill counties
☐ South Central Judicial District — Burleigh, Emmons, Grant, Kidder, Logan, McIntosh, McLean, Mercer, Morton, Oliver, Sheridan, Sioux counties
☐ Southeast Judicial District — Barnes, Dickey, Foster, Griggs, LaMoure, Logan, McIntosh, Ransom, Richland, Sargent, Stutsman counties
☐ Northwest Judicial District — Bottineau, Burke, Divide, McHenry, Mountrail, Pierce, Renville, Rolette, Ward, Williams counties
☐ Southwest Judicial District — Adams, Billings, Bowman, Dunn, Golden Valley, Hettinger, Slope, Stark counties

Presiding Judge: [________________________________]

3. PARTY INFORMATION

Party Represented:

Name of Party: [________________________________]

Party Designation:
☐ Plaintiff
☐ Defendant
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Cross-Claimant
☐ Counter-Claimant
☐ Intervenor
☐ Petitioner
☐ Respondent
☐ Other: [________________________________]

4. ATTORNEY INFORMATION

Appearing Attorney:

Full Legal Name: [________________________________]
North Dakota Bar ID Number: [________________________________]
Law Firm Name: [________________________________]
Street Address: [________________________________]
City: [________________________________] State: [____] ZIP: [________]
Mailing Address (if different): [________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Primary Email: [________________________________]
Odyssey E-Service Email: [________________________________]

Additional Attorneys on the Matter (if applicable):

Attorney Name: [________________________________]
ND Bar ID No.: [________________________________]
Email: [________________________________]
Role: ☐ Lead Counsel ☐ Associate Counsel ☐ Of Counsel

5. APPEARANCE STATEMENT

PLEASE TAKE NOTICE that [________________________________], North Dakota Bar ID No. [________________________________], of the law firm of [________________________________], hereby enters an appearance as counsel of record on behalf of [________________________________] ("Client"), the [☐ Plaintiff / ☐ Defendant / ☐ Other: ________________] in the above-captioned matter, pursuant to N.D.R.Civ.P. 5 and 11.

The undersigned respectfully requests that all pleadings, motions, notices, orders, and other papers required to be served in this action be directed to the undersigned at the contact information set forth in this Notice.

6. TYPE OF APPEARANCE

☐ General Appearance — The undersigned enters a full and general appearance on behalf of the above-named party for all purposes in this action.

☐ Limited Appearance — The undersigned enters a limited appearance on behalf of the above-named party pursuant to N.D.R.Ct. 11.9 for the specific purposes set forth in Section 9 below.

☐ Substitution of Counsel — The undersigned enters this appearance as substitute counsel, replacing [________________________________] (prior counsel, ND Bar ID No. [________________________________]). A separate Notice of Withdrawal / Stipulation of Substitution has been or is being filed simultaneously.

☐ Additional Counsel — The undersigned enters this appearance as additional counsel of record alongside existing counsel [________________________________].

7. CONSENT TO ELECTRONIC SERVICE

Pursuant to N.D.R.Ct. 3.5 and the Odyssey File & Serve system requirements:

☐ Consents to electronic service through the North Dakota Odyssey File & Serve system. All electronic service shall be directed to:

Primary e-service email: [________________________________]
Secondary e-service email (optional): [________________________________]

☐ Claims exemption from electronic filing — The undersigned is a self-represented litigant or prisoner exempt from mandatory electronic filing under N.D.R.Ct. 3.5.

MANDATORY E-FILING NOTE: Pursuant to N.D.R.Ct. 3.5, all documents in civil, non-juvenile cases must be filed electronically through the Odyssey system. Self-represented litigants and prisoners are exempt and may file paper documents in person, by mail, or by third-party commercial carrier. All other filers must use the Odyssey electronic filing system.

Electronic Filing Standards (Appendix K):

• Documents must be legible, complete, and of adequate quality
• Documents must be in black and white
• Document descriptions must accurately correspond to the document filed
• Avoid unnecessary abbreviations or acronyms in document descriptions
• All documents must comply with N.D.R.Ct. Appendix K formatting requirements

8. PRO HAC VICE ADMISSION (If Applicable)

☐ This section does not apply (attorney is an active member of the State Bar Association of North Dakota in good standing).

☐ The undersigned seeks admission pro hac vice and files the following:

Out-of-State Attorney Information:
Full Name: [________________________________]
Bar Admission(s): [________________________________] (State), Bar No. [________________________________]
Office Address: [________________________________]
Email: [________________________________]
Telephone: [________________________________]

Associated North Dakota Attorney (Required):
Name: [________________________________]
ND Bar ID No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]

Pro Hac Vice Requirements:
☐ Motion for Pro Hac Vice Admission filed simultaneously
☐ Certificate of Good Standing from home jurisdiction attached
☐ Affidavit of applicant attorney attached
☐ North Dakota local counsel has entered an appearance
☐ Pro hac vice fee paid as required
☐ Applicant has disclosed all jurisdictions of admission and any disciplinary history

Practice Note: North Dakota requires that an out-of-state attorney seeking pro hac vice admission be associated with a member of the State Bar Association of North Dakota. The local attorney must actively participate in the case and must sign all pleadings and documents filed with the court.

9. LIMITED REPRESENTATION (If Applicable)

☐ This section does not apply (general appearance entered above).

☐ Pursuant to N.D.R.Ct. 11.9 and N.D.R. Prof. Conduct 1.2(c), the undersigned enters a limited appearance for the following specific purpose(s):

Scope of Limited Representation:
☐ Representation at specified hearing(s): [________________________________]
☐ Representation for discovery phase only
☐ Representation for mediation or settlement conference
☐ Representation for trial proceedings only
☐ Representation for specific motion(s): [________________________________]
☐ Representation for appeal only
☐ Other limited scope: [________________________________]

Anticipated Duration:
From: [__/__/____] Through: [__/__/____]
Or upon completion of: [________________________________]

Client Acknowledgment:
The client has provided informed written consent to the limited scope of this representation as required by N.D.R. Prof. Conduct 1.2(c).

Termination Procedures Under N.D.R.Ct. 11.9:

• An attorney who has filed a limited appearance may withdraw upon completion of the stated limited purpose by filing a Notice of Completion of Limited Representation
• If the attorney signs a motion or other filing outside the scope of the limited representation, the limited appearance shall be deemed amended to extend to such filing
• The client remains responsible for all matters outside the defined scope of the limited representation

10. SIGNATURE BLOCK

Dated: [__/__/____]

[________________________________]
(Law Firm Name)


By: ___________________________________________
    [________________________________]
    North Dakota Bar ID No. [________________________________]
    [________________________________]
    [________________________________]
    [City], [State] [________]
    Telephone: [________________________________]
    Email: [________________________________]

    Attorney for [________________________________]

11. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice of Appearance was served upon all counsel of record and unrepresented parties by the following method(s), in accordance with N.D.R.Civ.P. 5(b):

___________________________________________
[________________________________]
North Dakota Bar ID No. [________________________________]

12. ODYSSEY ELECTRONIC FILING INSTRUCTIONS

Registration and Setup

1. Navigate to the North Dakota Odyssey File & Serve portal
2. Create an account or log in with existing credentials
3. Ensure your North Dakota Bar ID number is linked to your account
4. Verify that your service email address(es) are current and actively monitored

Filing This Document

1. Log in to Odyssey File & Serve
2. Select "File Into Existing Case" and enter the case number
3. Select the appropriate county and judicial district
4. Choose document type: "Notice of Appearance"
5. Upload the Notice of Appearance as a PDF
6. Attach any supporting documents (pro hac vice materials, substitution stipulations)
7. Select service recipients from the case party list
8. Review the filing envelope for accuracy
9. Submit the filing and retain the confirmation receipt

Important Reminders

• Retain all Odyssey confirmation receipts as proof of filing and service
• Electronic service through Odyssey is complete upon transmission; retain confirmation
• If serving an unrepresented party not registered in Odyssey, use traditional service methods and note the alternative method in your certificate of service
• Filing fees, if any, are processed through the Odyssey payment system

13. NORTH DAKOTA PRACTITIONER NOTES

Court Structure

• North Dakota's trial courts are organized into 7 judicial districts covering 53 counties
• The District Court is the court of general jurisdiction hearing all civil, criminal, and juvenile matters
• Small claims cases may be converted to regular civil proceedings; confirm whether a separate "Notice of Representation" form is required in such conversions

Key Filing Rules

• Mandatory E-Filing (N.D.R.Ct. 3.5): All attorneys must file electronically through Odyssey in civil, non-juvenile cases. Paper filing is not available to attorneys unless specifically exempted by court order.
• Document Standards (Appendix K): Documents must be black and white, legible, and properly described. The document description field in Odyssey must accurately match the document being filed.
• Service Completion: Under N.D.R.Civ.P. 5, service through Odyssey is complete upon electronic transmission. Service by mail is complete upon mailing.

Withdrawal of Appearance

• Governed by N.D.R.Ct. 11.2
• An attorney must obtain court approval before withdrawing as counsel of record
• The motion to withdraw must include the client's current contact information
• If substituting counsel, both the withdrawing and incoming attorneys should coordinate filings
• Failure to properly withdraw may result in continued obligations to the court and client

Limited Representation Considerations (N.D.R.Ct. 11.9)

• North Dakota explicitly permits limited representation through Rule 11.9
• The Notice of Limited Appearance must precisely state the scope of representation
• An attorney who files documents outside the stated scope will be deemed to have expanded the representation
• Client must give informed written consent to the limited scope
• Upon completion of the limited purpose, file a Notice of Completion

Common Pitfalls

• Not registering in Odyssey before the filing deadline
• Failing to update contact information in the Odyssey system
• Incomplete document descriptions that do not match Appendix K requirements
• Overlooking the requirement for local counsel association in pro hac vice matters
• Not confirming county-specific requirements, particularly for small claims conversions

14. SOURCES AND REFERENCES

• North Dakota Rules of Civil Procedure: https://www.ndcourts.gov/legal-resources/rules/ndrcivp
• N.D.R.Ct. 3.5 — Electronic Filing in District Courts: https://www.ndcourts.gov/legal-resources/rules/ndrct/3-5-13
• N.D.R.Ct. 11.9 — Limited Representation: https://www.ndcourts.gov/legal-resources/rules/ndrct/11-9
• N.D.R.Ct. Appendix K — Electronic Filing Requirements: https://www.ndcourts.gov/legal-resources/rules/ndrct/appendix-k
• N.D.R.Civ.P. 5 — Service and Filing: https://www.ndcourts.gov/legal-resources/rules/ndrcivp/5
• North Dakota Court System — Rules and Administrative Orders: https://www.ndcourts.gov/legal-resources/rules

15. CHECKLIST FOR FILING

Use this checklist before submitting the Notice of Appearance:

☐ Verified correct judicial district and county
☐ North Dakota Bar ID number is current and accurate
☐ All contact information is complete and correct
☐ Registered in the Odyssey File & Serve system
☐ E-service email address is current and monitored in Odyssey
☐ If pro hac vice: motion, certificates, and fee all prepared
☐ If limited representation (Rule 11.9): scope precisely defined and client written consent obtained
☐ Document description in Odyssey accurately matches document filed (Appendix K compliance)
☐ Document is legible, black and white, and of adequate quality (Appendix K)
☐ Certificate of service completed with all parties listed
☐ Document formatted as PDF for electronic filing
☐ Confirmed whether county requires any additional forms (e.g., for small claims conversions)
☐ Retained Odyssey confirmation receipt as proof of filing and service
☐ Checked for any county-specific local rules or standing orders

This template is designed for use in North Dakota state district courts. Federal court appearances in the District of North Dakota require separate procedures under the Federal Rules of Civil Procedure and local rules. Always verify current rules and fees before filing.