Understanding Civil Court Records in North Dakota

Civil court records originate from legal proceedings regarding civil cases (non-criminal matters between individuals/entities). Common civil cases include landlord-tenant disputes, divorce, probate cases, and breach of contract. Civil court records in North Dakota are maintained by the judiciary and include all documents that were created by or brought to the court in connection with a particular civil case. N.D. Const. art. XI, § 6 and N.D. Sup. Ct. Admin. R. 41 generally provides for the openness of these court records to members of the public.

Civil Court Record Statistics Reported by North Dakota Courts

North Dakota courts publish reports annually, detailing court activities for a particular year. These reports contain information about court administration, programs, services, committees, boards, the supreme court, and trial courts, including caseload statistics.

The table below highlights the civil caseload of the various courts in the state as captured in the 2024 Annual Report.

Courts	Civil Cases Filed	Civil Cases Disposed
NorthEast District Court	2,601	3,565
NorthEast Central District Court	2,971	3,622
NorthWest District Court	4,576	5,175
North Central District Court	4,327	5,004
East Central District Court	7,912	8,840
SouthEast District Court	3,406	4,070
South Central District Court	7,574	8,749
SouthWest District Court	2,276	2,644

Note that the above figures do not include cases heard in the Juvenile Court.

How Civil Records Differ from Criminal Records in North Dakota

Civil records differ fundamentally from criminal records, despite both being court case records. Civil records document cases where a party seeks legal remedy, such as monetary compensation, specific performance, or a form of relief from another party. Criminal court records document cases where a party is charged in court for committing an offense. The table below contains more information on the differences between civil and criminal court records.

Category	Civil Court Record	Criminal Court Record
Legal Purpose	Resolving private disputes and awarding remedies	Prosecuting violations of criminal law
Initiating Party	Plaintiff	State Attorney
Possible Repercussions	Monetary damages, injunctions, restraining orders, custody/support orders	Incarceration, fines, probation, community service, criminal record
Right to Jury Trial	Available if requested (under certain conditions)	Guaranteed, especially for serious offenses

Structure of the Civil Court System in North Dakota

The North Dakota judiciary operates a unified, two-tiered court system (trial courts and appellate courts) established under N.D. Const. art. VI. North Dakota District Courts are the state's primary trial courts of general jurisdiction for civil matters. The State of North Dakota is divided into eight judicial districts, with District Court judges assigned to serve all counties. Below the District Courts are the Municipal Courts; however, they handle ordinance violations within city limits and not civil matters.

More information on the North Dakota court structure is provided below.

Court	Type of Civil Cases
North Dakota District Courts	Courts of general jurisdiction over both civil and criminal cases
North Dakota Small Claims Court (Division of the District Court)	Hears disputes where the amount does not exceed $15,000
North Dakota Juvenile Court	Division of the District Court that handles certain civil matters involving juveniles, including adoption, deprivation, guardianship, and termination of parental rights.
North Dakota Supreme Court	Highest court in the state Hears appeals from the District Courts in civil and criminal cases

District Courts also handle criminal matters, however, through different procedural rules. The Rules of Criminal Procedure primarily govern criminal cases in North Dakota, while civil cases follow the Rules of Civil Procedure.

Public Access to Civil Court Documents in North Dakota

Civil court records in North Dakota are public according to N.D. Sup. Ct. Admin. R. 41. The Supreme Court established this rule in accordance with the North Dakota Constitution, which mandates openness for all records of public agencies in the state.

However, while civil court records are presumed open for public inspection, certain exceptions allow for restricted access. A court record may be restricted if its disclosure would

Risk injury to an individual
Unreasonably invade a person's privacy
Expose proprietary business information
Compromise public safety

Examples of exempt civil court documents in North Dakota include

Juvenile dependency records
Child protection records
Adoption records
Parental termination records
Guardianship records
Mental health records
Sensitive personal identifiers and financial information

How to Lookup North Dakota Civil Court Records

North Dakota civil court records are filed with the respective District Court Clerks in the state. Individuals seeking a civil court record can visit the Clerk of District Court's Office where the case was filed to perform an inquiry. As stipulated in N.D. Sup. Ct. Admin. R. 47, individuals should submit requests for a District Court record in writing and provide the clerk with sufficient information to locate the record without extensive research. A case number typically satisfies this requirement; name searches may require more details to avoid extensive research. Clerks may charge up to 25 cents per page for photocopies of court records and $5 for certified copies.

Researchers may also search for a civil court record using a public terminal at the courthouse or the District Court Case Search system. Both platforms generally allow searches by party name or case number. The online Case Search system also provides additional search criteria, such as filing date and attorney information.

Types of Civil Cases Filed in North Dakota Courts

North Dakota civil court records encompass a wide range of legal matters in the state. Below are common civil cases handled in the state.

Domestic Relations Cases: Also known as family law cases, these include divorce, child support, child custody, and paternity cases.
Forcible Detainer (Eviction) Cases: Includes non-payment of rent, lease violations, recovery of rental property possession, and unlawful detainer actions.
Contract Disputes: Covers debt repayment, breach of contract, and business-to-business disputes
Torts: Encompasses civil claims alleging harm, damage, or injury caused by another person's actions, including defamation, auto accidents, medical malpractice, and premises liability.
Property Disputes: Includes quiet title actions, boundary disputes, foreclosures, and easements
Probate Cases: Relate to guardianships, conservatorships, trust administration, estate administration, will contests, and intestate succession.
Small Claims: Covers all civil cases $15,000 or below, heard by the Small Claims Division of the District Court. It is the most filed civil case type according to the North Dakota Judiciary's 2024 Annual Report.

Information Captured in North Dakota Civil Court Files

Civil court records contain information pertaining to the resolution of legal disputes between private parties or entities. They include both documents filed by the parties and those created by the court during the legal proceedings. Civil court records are generally open and accessible to the public; however, confidential information, such as sensitive financial or personal data, is withheld. Information commonly captured in North Dakota civil court records includes

Case information, such as the case number, filing date, and the court handling the case
Party Information, including the names of the plaintiff, defendant, and their attorneys
Complaints, petitions, summons, and counterclaims
Discovery materials
Evidence
Hearing transcripts
Court orders and judgments

Retention and Archiving of Civil Court Records in North Dakota

The North Dakota Supreme Court is responsible for promulgating a case records retention schedule for courts in the state. The schedule guides courts on how long a record may be kept before it is destroyed or archived with the North Dakota State Archives. The process of destruction (for eligible records) depends on the confidentiality status of the record. Open records are destroyed by landfill, destruction, or deletion. Confidential records are destroyed by burning, shredding, or pulverization. This system ensures that courts are not overburdened by maintaining obsolete records. Below are the retention periods of some civil case records in North Dakota.

Divorce/Annulment/Legal Separation - 50 years from disposition or 5 years from child support satisfaction
Contract/Collection Cases - 11 years if money judgment is not renewed, 21 years if renewed, or 1 year if dismissed
Probate records - Permanent
Trust proceedings - 50 years from conclusion
Foreclosure - 10 years from judgment
Property Disputes - 50 years from disposition

The complete civil court records retention schedule can be found in the North Dakota court system's Case Retention Schedule.