Although the affidavit and documents were filed with the court and faxed to Flattum-Riemers late in the afternoon the day before the morning hearing, the referee considered the documents over Flattum-Riemers' objection.[??12] Under N.D.R.Civ.P. 5(d)(2), [a]ll affidavits, notices and other papers designed to be used upon the hearing of a motion or order to show cause shall be filed at least 24 hou