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