Answering a Motion in a District Court Civil Action
Overview
A motion is a written request to the North Dakota state district court for an order. Motions are made after the summons and complaint are filed with the court. Motions can't 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.
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 didn’t already make the request.
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 motion is made up of a set of documents, including:
- Answer brief; and
- Declaration or Affidavit in support of answer brief.
Answer Brief
A required written answer to the motion by the opposing party. An answer brief responds to the facts and arguments in the moving party’s brief in support of their motion. An answer brief also takes the opposing party’s relevant laws or rules and explains how they support the opposing party's version of the situation that led to the motion. Facts referred to in the answer brief must also appear in the declaration or affidavit.
Declaration or Affidavit in Support of Answer Brief
The opposing party’s required, written statement of fact. Facts referred to in the answer brief must also appear in the declaration or affidavit.
Service of the Answer to Motion
Service of the answer to motion requires the opposing party to arrange delivery of copies of the answer to motion documents on the moving 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. A declaration of service, affidavit of service, or certificate of service gives the court proof of service.
Forms and Guides for Answering a Motion
North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.
Forms aren't available for every legal issue or circumstance. If you don't find the form on this website, the form isn't 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.
Informational Guide:
Checklists and General Use Forms:
- Answering a Motion – Checklist
- Answer Brief to Motion form
- Notice of Hearing on Motion form
- Caption and Signature form
- Declaration form
- Affidavit form
- Confidential Information form
- How to Write a Settlement Agreement (Stipulation)
- Proposed Order to Amend Judgment (Family Law Case)
- Proposed Amended Judgment (Family Law Case)
- Proposed Order to Amend Judgment – Stipulation (Family Law Case)
- Proposed Amended Judgment – Stipulation (Family Law Case)
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
Other Resources
Following are other resources related to answering a motion that may be of interest.
If you don't understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.
The information provided on and obtained from this site doesn't constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it's being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn't liable for errors or omissions of any of the information provided.
If you have a question relating to a case that is already filed please contact the clerk of court for the county.