RULE 3.2 MOTIONS 1 (a) Submission of Motion.
2 (1) Notice. Notice must be served and filed with a motion. The notice must
3 indicate the time of oral argument, or that the motion will be decided on briefs
4 unless oral argument is timely requested.
5 (2) Briefs. Upon serving and filing a motion, the moving party must serve
6 and file a brief and other supporting papers and the opposing party must have 14
7 days after service of a brief within which to serve and file an answer brief and
8 other supporting papers. The moving party may serve and file a reply brief within
9 seven days after service of the answer brief. Upon the filing of briefs, or upon
10 expiration of the time for filing, the motion is
considered submitted to the
11 court unless counsel for any party requests oral argument on the motion.
12 (3) Requesting oral argument. If any party who has timely served and filed a
13 brief requests oral argument, the request must be granted. A timely request for oral
14 argument must be granted even if the moving party has previously served notice
15 indicating that the motion is to be decided on briefs. The party requesting oral
16 argument must secure a time for the argument and serve notice upon all other
17 parties. Requests for oral argument or the taking of testimony must be made not
18 later than seven days after expiration of the time for filing the answer brief. If the
19 party requesting oral argument fails within 14 days of the request to secure a time
20 for the argument, the request is waived and the matter is considered submitted for
21 decision on the briefs.
22 (b) Court hearing. The court may hear oral argument on any motion. If
23 permitted by the court, a hearing may be held using
telephonic conference or interactive television
contemporaneous audio or
25 audiovisual transmission by reliable electronic means. After reviewing the parties'
26 submissions, the court may require oral argument and may allow or require
27 testimony on a motion.
28 (c) Failure to File Briefs. Failure to file a brief by the moving party may be
29 deemed an admission that, in the opinion of party or counsel, the motion is without
30 merit. Failure to file a brief by the opposing party may be deemed an admission
31 that, in the opinion of party or counsel, the motion is meritorious. Even if an
32 answer brief is not filed, the moving party must still demonstrate to the court that it
33 is entitled to the relief requested.
34 (d) Extension of Time. Extensions of time for filing briefs and other
35 supporting papers, or for continuance of the hearing on a motion, may be granted
36 only by written order of court.All requests for extension of time or continuance,
37 whether written or oral, must be accompanied by an appropriate order form.
38 (e) Time Limit for Filing Motion. Except for good cause shown, a motion
39 must be filed in such time that it may be heard not later than the date set for
40 pretrial of the case.
41 (f) Application of Rule.
42 (1) Conflicting rules. This rule does not apply to the extent it conflicts with
43 another rule adopted by the Supreme Court.
44 (2) Probate code. This rule applies to formal proceedings under Uniform
45 Probate Code.
46 EXPLANATORY NOTE
47 Rule 3.2 was amended, effective September 1, 1983; March 1, 1986;
48 January 1, 1988; March 1, 1990; January 1, 1995; March 1, 1997; March 1, 2002;
49 March 1, 2005; March 1, 2007; March 1, 2011:________________________.
50 Subdivision (a) was amended, effective March 1, 1990, to provide that the
51 request for oral argument on the motion must be granted when the party requesting
52 oral argument has timely served and filed a brief.
53 Subdivision (a) was amended, effective January 1, 1995, to provide that a
54 written motion must be noticed, and that the notice must indicate that oral
55 argument has been requested or that the motion will be decided on briefs unless
56 oral argument is requested. In addition, the amendment shortened the time between
57 the date a motion is filed and the date a motion may be heard by eliminating the
58 five-day period within which the moving party's brief could be filed.
59 Although the rule contemplates filing a brief with every motion, what
60 constitutes a brief should be liberally construed.
61 Paragraph (a)(2) was amended, effective March 1, 2011, to increase the
62 time for an opposing party to serve and file an answer brief from 10 to 14 days
63 after service of the moving party's brief. The time for a moving party to serve and
64 file a reply brief was increased from five to seven days after expiration of the time
65 for filing the answer brief. Paragraph (a)(3) was amended to increase the time to
66 request oral argument from five to seven days after expiration of the time for filing
67 the answer brief.
68 Paragraph (a)(3) was amended, effective______________, to require a
69 party requesting oral argument to secure a time for the argument within 14 days of
70 the request. Otherwise, the request will be waived and the matter considered on the
72 Subdivision (b) was amended, effective March 1, 2007, to expand hearing
73 options to include hearing by interactive television and to add a requirement that
74 the court review the parties' submissions before it orders oral argument or
76 Subdivision (b) was amended, ___________________, to allow hearings to
77 be conducted using contemporaneous audio or audiovisual transmission by reliable
78 electronic means. N.D. Sup. Ct. Admin. R. 52 governs electronic means hearings.
79 Paragraph (f)(1) was added, effective March 1, 1997, to clarify that, in the
80 case of a conflict between this rule and any other supreme court rule, the other rule
81 will govern. For example, N.D.R.Civ.P. 56 allows parties 30 days to respond to a
82 summary judgment motion, which conflicts with the 14 day response period
83 specified in subdivision (a) of this rule. Under subdivision (e), the N.D.R.Civ.P. 56
84 response period would prevail.
85 Paragraph (f)(2) was added, effective March 1, 2007, to specify that this
86 rule applies to formal proceedings under the Uniform Probate Code. N.D.C.C. §
87 30.1-01-06(19) defines "formal proceedings" as "proceedings conducted before a
88 judge with notice to interested persons."
89 SOURCES: Joint Procedure Committee Minutes of
90 ____________________; April 29-30, 2010, page 21; April 27-28, 2006, pages 7-
91 9, 17-19; January 26, 2006, pages 12-13; April 29-20, 2004, pages 25-26;
92 September 28-29, 2000, page 13; April 25, 1996, pages 8-11; January 25-26, 1996,
93 pages 10-16; April 28-29, 1994, pages 15-17; January 27-28, 1994, pages 24-25;
94 September 23-24, 1993, pages 13-16; April 29-30, 1993, pages 20-22; April 20,
95 1989, pages 10-15; March 24-25, 1988, pages 7-10 and 13-15; December 3, 1987,
96 pages 4-5; February 19-20, 1987, pages 21-22; June 22, 1984, page 30; April 26,
97 1984, pages 17-19.
98 STATUTES AFFECTED:
99 CONSIDERED: N.D.C.C. ch. 30.1.
100 CROSS REFERENCE: N.D.R.Civ.P. 5 (Service and Filing of Pleadings
101 and Other Papers); N.D.R.Civ.P. 6 (Time); N.D.R.Civ.P. 7 (Pleadings Allowed--
102 Form of Motions); N.D.R.Civ.P. 56 (Summary Judgment); N.D.R.Crim.P. 45
103 (Time); N.D.R.Crim.P. 47 (Motions); N.D.R.Crim.P. 49 (Service and Filing of
104 Papers); N.D.R.App.P. 27 (Motions); N.D.R.App.P. 34 (Oral Argument); N.D.
105 Sup. Ct. Admin. R. 52 (
Contemporaneous Transmission by
106 Reliable Electronic Means).