RULE 6. TIME
(d) For Motions-Affidavits. A written motion, other than one which may be heard ex parte, and notice of the motion must be served at least 14 days before the motion may be heard, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application.
When a motion is supported by affidavit, the affidavit must be served with the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served not later than 1 day before the hearing, unless the court permits them to be served at some other time.
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Rule 6 was amended, effective 1971; March 1, 1990; on an emergency basis, March 1, 1992; January 1, 1995; March 1, 1997.
Rule 6 is basically the same as Rule 6, FRCivP, with two main differences. This rule omits the listing of "legal holidays" found in subdivision (a) of the federal rule. See Chapter 1-03, NDCC, concerning holidays in North Dakota. Subdivision (c) was rescinded in the federal rule as there are no longer formal terms of court, but has been retained here. The rule was also amended in 1971 to comport with changes to the federal rules by including the local rules of any district court in the enumeration of time periods to be computed in accordance with the rule and the provision that Saturdays are to be excluded from computation. A formal hearing under Subdivision (d) will be held only if requested under NDROC 3.2(c). Subdivision (d) was amended, effective January 1, 1995, to require service of a written motion, and notice, at least 14 days before the hearing instead of five. Subdivision (e) was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended. Subdivisions (a) and (e) were amended, effective January 1, 1995, to clarify time computations when making service by facsimile transmission.
Subdivision (d) was amended, effective March 1, 1997, because Rule 3.2, NDROC, governs when papers supporting or opposing a motion must be served.
SOURCES: Procedure Committee Minutes of April 25, 1996, pages 8-11; April 28-29, 1994, pages 15-17; January 27-28, 1994, pages 24-25; September 23-24, 1993, pages 14-16 and 20; April 29-30, 1993, page 20; November 7-8, 1991, page 3; October 25-26, 1990, page 12; April 20, 1989, page 2; December 3, 1987, page 11; June 22, 1984, pages 30-31; September 20-21, 1979, pages 5-6; Rule 6, FRCivP.
SUPERSEDED: Sections 28-0739, 28-2803, 28-2815, 28-2816, 28-2817, 28-2818, 28-2902, 28-2903, 28-3006, N.D.Rev. Code 1943.
CROSS REFERENCE: Rules 4 (Persons Subject to Jurisdiction Process Service), 52 (Findings by the Court), 59 (New Trials Amendment of Judgments), and 60 (Relief From Judgment or Order), NDRCivP; Rule 45 (Time, NDRCrimP; Rule 3.2
(Submission on Briefs and Filing)(Motions), NDROC.