North Dakota Small Claims Court Remote Hearing: Phone and Video Appearance Options

North Dakota covers over 70,000 square miles with 53 counties, and many of them have only one courthouse. If you were sued in a county far from where you live, attending a small claims hearing in person can mean a full day off work and hours of driving. Remote appearances are an option — but they are not automatic.

The Legal Basis: Rules 10.2 and 11.10

North Dakota Rule of Court 10.2 requires parties to appear in person unless the court authorizes otherwise. Rule 11.10 governs requests to appear by "reliable electronic means," including telephone, Zoom, or the court's Interactive Video Network. The court coordinates the format.

The key word is "request." Remote appearance is not a right. The judge or judicial referee decides whether to grant it based on the circumstances.

How to Request a Remote Appearance

File a written motion with the Clerk of District Court. Before filing, try to contact the other parties to find out whether they agree or object. The motion must state why a remote appearance is appropriate and indicate whether the other parties agree or object. It must be served at least seven days before the hearing; the court may shorten this time for good cause. The North Dakota Legal Self Help Center offers optional motion forms, but courts are not required to accept them. Include:

• Your name, the case number, and the hearing date
• Whether you are requesting telephone or video appearance
• The reason you cannot attend in person (distance, medical condition, work obligations)
• Your phone number or the email address where the court can send a video link

If the court approves the motion, coordinate with the court about scheduling and technical requirements.

Reasons to Include in Your Motion

The judge or judicial referee decides whether to approve remote participation. The written motion must explain why it is appropriate and state whether the other parties agree or object. Reasons to explain may include:

• You live far from the courthouse (common in western North Dakota, where the nearest county seat can be 100+ miles away)
• You have a medical condition that makes travel difficult
• The hearing involves a straightforward dispute without physical evidence that needs in-person inspection
• Both parties agree to remote participation

What to Expect During a Remote Hearing

Remote small claims hearings follow the same informal rules as in-person ones. The judge or referee runs the hearing, hears from both sides, and makes a decision. Hearings typically last about 30 minutes.

If you are appearing by phone, you will not be able to show documents visually. Coordinate with the court about how to transmit exhibits for the hearing, and provide copies to the other party.

For video hearings, dress and behave as you would in a courtroom. Find a quiet location with stable internet. Have your documents organized and ready to hold up to the camera or share on screen if the platform allows it.

If Your Request Is Denied

If the court denies your remote appearance request, you must attend in person or risk a default judgment for failure to appear. Consider requesting a continuance if you need more time to arrange travel. North Dakota courts can reschedule hearings, though it is not guaranteed.

The North Dakota small claims response guide includes a remote hearing request template and a checklist for preparing your evidence for either in-person or electronic presentation.

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