RULE 14. MOTIONS (a) In General.
(1) Requirements. Every motion must be in writing, state with particularity the grounds, be signed by the person making the motion and filed with the court unless it is made in court and on the record.
(2) Motions Allowed.
(A) A party may raise by motion any defense, objection, or request that the court can determine without an adjudication of the general issue.
(B) A party may bring a motion to dismiss the petition upon any of the following grounds:
(i) lack of jurisdiction over the subject matter;
(ii) lack of jurisdiction over the child; or
(iii) failure of the petition to state facts which, if proven, establish a prima facie case to support the grounds set forth in the petition.
(C) A party may move to modify or vacate an order under Rule 16.
(1) How Made. Every written motion along with any supporting affidavits must be served by the moving party under Rule 7.
(3) Time. Any motion required by this rule to be served, along with any supporting affidavits, must be served at least three days before it is to be heard unless the court for good cause shown permits a motion to be made and served less than three days before it is to be heard. The filing and service of a motion does not extend the time requirements for resolution of the matter .
(c) Motion Deadline. The court may set a deadline for the parties to make motions and may also schedule a motion hearing.
(d) Ruling on a Motion. The court must decide every motion before adjudication of the matter unless it finds good cause to defer a ruling. The court must not defer ruling on a motion if the deferral will adversely affect a party's rights. When factual issues are involved in deciding a motion, the court must state its essential findings on the record.
(e) Recording the Proceedings. A verbatim record must be made of all proceedings at the motion hearing, including any findings of fact and conclusions of law made orally by the court.
Rule 14 was adopted effective __________________.
SOURCES: Sources: Juvenile Policy Board Minutes of February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 9, 2008; September 21, 2007; April 20, 2007.
Cross Reference: N.D.R.Juv.P. 7 (Service After Summons); N.D.R.Juv.P. 16 (Modification
and Vacation of Orders); N.D.R.Ct. 3.2 (Motions).