Serving And Filing Documents

(a) When required. A party must serve on every other party any written motion (other than one to be heard ex parte), written notice, designation of the record on appeal, or similar document. (b) How made. Service must be made in the manner provided in N.D.R.Civ.P. 5(b). When these rules or a court order requires or permits service on a party represented by an attorney, service must be made on the attorney instead of the party, unless the court orders otherwise. (c) Notice of a Court Order. When the court issues an order on any post-arraignment motion, the clerk shall provide notice by mail, third-party commercial carrier, or other manner provided in N.D.R.Civ.P. 5(b), to any party affected. Except as Rule 37 or N.D.R.App.P. 4 provide otherwise, the clerk's failure to give notice does not affect the time to appeal, or relieve—or authorize the court to relieve—a party's failure to appeal within the allowed time. (d) Filing. A party must file with the clerk of court a copy of any document the party is required to serve. A document must be filed in the manner provided for in a civil action. (e) Proof of Service. Unless excused by the court, a party must file promptly with the clerk proof of service of all documents the party is required by law or these rules to serve. The proof must be the same as in a civil action.