Administrative Rule 47 - RECORD SEARCHES

Section 1. Authority and Purpose.

In accordance with N.D. Const. art VI, §3, and N.D.C.C. §27-02-05.1, this rule establishes the method and manner in which clerks of district court respond to requests for searches of record information in the custody of the clerk and the manner in which search information is provided.

Section 2. Definition - Exception.

For purposes of this rule, "record search" means a search by the clerk of district court or staff of criminal or civil records regarding a specific person or entity at the request of a person or entity other than a party to a proceeding, or a party's representative, and the provision of search result information to the requestor. A request to confirm the existence or non-existence, or the filing, of a particular document or record, without regard to the specific contents of the document or record, is not a record search for purposes of this rule. A fee may not be assessed for responding to such a request.

Section 3. Search Request and Response.

(a) Requests for record searches must be submitted in writing and must provide information sufficiently detailed to enable the clerk of district court to conduct the search without extensive research.

(b) The clerk of district court shall respond as promptly as practical in writing to a request for a record search of criminal or civil record information. Verbal responses regarding search results are not permitted.

Section 4. Search Fee

(a) The clerk of district court must assess a records search fee in the amount prescribed by the court fee schedule distributed by the state court administrator.

(b) A fee must be assessed for each name, individual or corporate, and record category, civil or criminal, for which a search is requested.

(c) The fee assessed under this section must be received by the clerk before the search results may be provided.

(d) Any search fees received by a clerk of district court who is an employee of the unified judicial system must be forwarded for deposit in the state general fund.

Section 6. Effective Date.

This rule is effective June 1, 2001.