RULE 3.2 MOTIONS
(a) Submission of Motion.
(1) Notice. Notice must be served and filed with a motion. The notice must indicate the time of oral argument, or that the motion will be decided on briefs unless oral argument is timely requested.
(2) Briefs. Upon serving and filing a motion, the moving party
shall must serve and file a
brief and other supporting papers and the adverse opposing
party shall must have ten 14
after service of a brief within which to serve and file an answer brief and other supporting
papers. The moving party may serve and file a reply brief within five
seven days after service
of the answer brief. Upon the filing of briefs, or upon expiration of the time for filing, the
motion is deemed submitted to the court, unless counsel for any party requests oral
on the motion.
(3) Requesting oral argument. If any party who has timely served and
filed a brief requests
oral argument, the request must be granted. A timely request for oral argument must be
granted even if the
movant moving party has previously served
notice indicating that the
motion is to be decided on briefs. The party requesting oral argument
shall must secure a
time for the argument and serve notice upon all other parties. Requests for oral argument or
the taking of testimony must be made not later than five seven
days after expiration of the
time for filing the answer brief.
(b) Court hearing. The court may hear oral argument on any motion. If permitted by the court, a hearing may be held using electronic means, including telephonic conference or interactive television. After reviewing the parties' submissions, the court may require oral argument and may allow or require testimony on a motion.
(c) Failure to File Briefs. Failure to file a brief by the moving party may
be deemed an
admission that, in the opinion of party or counsel, the motion is without merit. Failure to file
a brief by the
adverse opposing party may be deemed an
admission that, in the opinion of
party or counsel, the motion is meritorious. Even if an answer brief is not filed, the moving
party must still demonstrate to the court that it is entitled to the relief requested.
(d) Extension of Time. Extensions of time for filing briefs and other supporting papers, or for continuance of the hearing on a motion, may be granted only by written order of court. All requests for extension of time or continuance, whether written or oral, must be accompanied by an appropriate order form.
(e) Time Limit for Filing Motion. Except for good cause shown, a motion must be filed in such time that it may be heard not later than the date set for pretrial of the case.
(f) Application of Rule.
(1) Conflicting rules. This rule does not apply to the extent it conflicts with another rule adopted by the Supreme Court.
(2) Probate code. This rule applies to formal proceedings under Uniform Probate Code.
Rule 3.2 was amended, effective September 1, 1983; March 1, 1986; January 1, 1988; March 1, 1990; January 1, 1995; March 1, 1997; March 1, 2002; March 1, 2005; March 1, 2007; March 1, 2011.
Subdivision (a) was amended, effective March 1, 1990, to provide that the request for oral argument on the motion must be granted when the party requesting oral argument has timely served and filed a brief.
Subdivision (a) was amended, effective January 1, 1995, to provide
that a written motion
must be noticed, and that the notice must indicate that oral argument has been requested or
that the motion will be decided on briefs unless oral argument is requested. In addition, the
amendment shortened the time between the date a motion is filed and the date a motion may
be heard by eliminating the five-day period within which the
moving party's brief
could be filed.
Paragraph (a)(2) was amended, effective March 1, 2011, to increase the time for an opposing party to serve and file an answer brief from 10 to 14 days after service of the moving party's brief. The time for a moving party to serve and file a reply brief was increased from five to seven days after expiration of the time for filing the answer brief. Paragraph (a)(3) was amended to increase the time to request oral argument from five to seven days after expiration of the time for filing the answer brief.
Although the rule contemplates filing a brief with every motion, what constitutes a brief should be liberally construed.
Subdivision (b) was amended, effective March 1, 2007, to expand hearing options to include hearing by interactive television and to add a requirement that the court review the parties' submissions before it orders oral argument or testimony.
Paragraph (f)(1) was added, effective March 1, 1997, to clarify that, in
the case of a conflict
between this rule and any other supreme court rule, the other rule will govern. For example,
N.D.R.Civ.P. 56 allows parties 30 days to respond to a summary judgment motion, which
conflicts with the
10 14 day response period specified in
subdivision (a) of this rule. Under
subdivision (e), the N.D.R.Civ.P. 56 response period would prevail.
Paragraph (f)(2) was added, effective March 1, 2007, to specify that this rule applies to formal proceedings under the Uniform Probate Code. N.D.C.C. § 30.1-01-06(19) defines "formal proceedings" as "proceedings conducted before a judge with notice to interested persons."
Sources: Joint Procedure Committee Minutes of April 29-30, 2010, page 21; April 27-28, 2006, pages 7-9, 17-19; January 26, 2006, pages 12-13; April 29-20, 2004, pages 25-26; September 28-29, 2000, page 13; April 25, 1996, pages 8-11; January 25-26, 1996, pages 10-16; April 28-29, 1994, pages 15-17; January 27-28, 1994, pages 24-25; September 23-24, 1993, pages 13-16; April 29-30, 1993, pages 20-22; April 20, 1989, pages 10-15; March 24-25, 1988, pages 7-10 and 13-15; December 3, 1987, pages 4-5; February 19-20, 1987, pages 21-22; June 22, 1984, page 30; April 26, 1984, pages 17-19.