Answering a Motion in a District Court Civil Action
A motion is a request to the state district court to issue an order for a specific purpose. Motions are made after the summons and complaint are filed with the court. Motions cannot be used to start a civil action.
The party making the motion is called the moving party. The party answering the motion is called the opposing party.
The moving party notifies the opposing party of the motion by serving copies of the motion documents on the opposing party. The opposing party generally has fourteen (14) days after service to serve and file an answer brief and other supporting documents on the moving party.
An answer to a motion is a written response to the motion by the opposing party. The opposing party may include a request for a hearing, if the opposing party wants a hearing and the moving party did not already make the request.
An answer to motion is made up of a set of documents, including:
- Answer brief; and
- Affidavit in support of answer brief.
A required written answer to the motion by the opposing party. An answer brief takes the relevant laws or rules and explains how they apply to the facts of a particular situation. Facts referred to in the answer brief should also appear in the affidavit.
Affidavit in Support of Answer Brief
A required, written statement of fact of the opposing party. Facts referred to in the answer brief should also appear in the affidavit.
Service of the Answer to Motion
Service of the answer to motion requires that the opposing party arrange delivery of the answer to motion documents to the opposing party. The opposing party generally has fourteen (14) days after service of the motion to serve and the answer to motion documents on the moving party.
The proof of service of the answer to motion documents tells the state district court when, how, and where the moving party was served. An affidavit of service gives the court proof of service.
Forms and Guides Answering a Motion
Forms are not available for every legal issue or circumstance. If you do not find the form on this website, the form is not available through the North Dakota Legal Self Help Center.
You may need to create legal documents yourself. The General-Use forms below may be used as a starting point for creating your own answer to motion documents.
Checklists and General Use Forms:
- Answering a Motion – Checklist
- Answer Brief to Motion form
- Notice of Hearing on Motion form
- Caption and Signature form
- Affidavit form
Selected Statutes (Laws) & Rules
Following are legal research starting points related to motions. You may need to conduct additional legal research into your legal issue. See the Legal Research Section of this website.
- Rule 3.2 of the North Dakota Rules of Court
- Rule 5 of the North Dakota Rules of Civil Procedure
- Rule 6 of the North Dakota Rules of Civil Procedure
Following are other resources related to making a motion that may be of interest.
If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.
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If you have a question relating to a case that is already filed please contact the clerk of court for the county.