RULE 6.1 CONTINUANCES
Effective Date: 3/1/2024
(a) Attorney Engaged. A party is entitled to a continuance on the ground that the party's attorney is actually engaged in another trial or hearing, but only for the duration of the particular trial or hearing in which the attorney is then engaged.
(b) Other Continuances. Motions for continuance must be promptly filed as soon as the grounds are known and will be granted only for good cause shown, either by a declaration or otherwise. The requirements of Rule 3.2 do not apply to motions for continuance filed less than 21 days before the trial or hearing. Prior to filing a motion for continuance less than 21 days before the trial or hearing, a party must attempt to contact the other party and indicate in the motion whether the other party agrees or objects to the motion for continuance. Stipulations for continuance will not be recognized except for good cause shown. Every continuance granted upon motion must be to a future date consistent with the docket currency standards for district courts, except for good cause shown.
Rule 6.1 was amended, effective March 1, 2005; March 21, 2021; March 1, 2024.
Subdivision (b) was amended effective March 1, 2005, to provide that the docket currency standards for district courts, which are set out in N.D. Sup. Ct. Admin. R. 12, must be considered when a continuance is granted.
Subdivision (b) was amended effective March 1, 2024, to clarify that the requirements of Rule 3.2 do not apply to some motions made under Rule 6.1 and to require a party making a motion for continuance filed less than 21 days before the trial or hearing to attempt to contact the other party about whether they would agree or object to a continuance.
Rule 6.1 was amended, effective March 1, 2021, to delete the term “affidavit” and replace it with “declaration.” This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.
SOURCES: Council of Presiding Judges Minutes of March 17, 2004; Joint Procedure Committee Minutes of September 29, 2022, pages 16-21; April 24, 2020, pages 4-5.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. ch. 31-15..
CROSS REFERENCE: N.D. Sup. Ct. Admin. R. 12 (North Dakota Docket Currency Standards for District Courts).