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STATE OF NORTH DAKOTA IN DISTRICT COURT (North Dakora Judicial Branch)

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Answer to Motion info at
www.ndcourts.gov; “Self Help”
Page 1 of 2 Notice of Motion Civil Action/Rev. Mar 2019
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ___________________ ____________________ JUDICIAL DISTRICT
______________________________ ) Case No. ______________________
(Plaintiff) )
PLAINTIFF, )
) NOTICE OF MOTION FOR
Vs ) ______________________________
______________________________ ) ______________________________
(Defendant) )
DEFENDANT, )
)
TO: ___________________________________________________________________________
(List names of parties to receive notice of motion)
1. YOU ARE HEREBY GIVEN NOTICE that oral arguments on the Motion for
________________________________________________________________________ will be
heard before the Court pursuant to Rule 3.2 of the North Dakota Rules of Court, the Honorable
____________________________ presiding, on the ____ day of __________________, 20____,
at _____________ (am/pm) or as soon thereafter as the matter may be heard.
*OR*
YOU ARE HEREBY GIVEN NOTICE that the Motion for ____________________________
_______________________________________________________________________________
will be
heard by the Court pursuant to Rule 3.2 of the North Dakota Rules of Court and that the same
will be decided on briefs unless oral argument or the taking of testimony is timely requested by
a party or required by the Court.
Answer to Motion info at
www.ndcourts.gov; “Self Help”
Page 2 of 2 Notice of Motion Civil Action/Rev. Mar 2019
2. PLEASE TAKE FURTHER NOTICE that you shall have fourteen (14) days after service of a
brief supporting the enclosed motion within which to serve and file an answer brief and other
supporting papers and that upon the filing of briefs, or upon expiration of the time for filing, the
motion is deemed submitted to the Court, unless a party timely requests oral argument or the
taking of testimony.
3. PLEASE TAKE FURTHER NOTICE that a request for oral argument or the taking of
testimony must be made not later than seven (7) days after expiration of the time for filing the
answer brief and that the party requesting oral argument shall secure a time for the argument
or testimony and shall serve notice of the time for oral argument or the taking of testimony
upon all other parties.
Dated this _____ day of ____________________, 20____
______________________________________________
(Moving Party Signature)
______________________________________________
(Moving Party Printed Name)
______________________________________________
(Address)
______________________________________________
(City, State, Zip Code)
______________________________________________
(Telephone Number)
______________________________________________
(Email)
NDLSHC [Page 1 of 2] Notice of Motion Civil Action/Rev. Mar 2019
INSTRUCTIONS FOR NOTICE OF MOTION
ND Legal Self Help Center Staff and Court employees cannot help you fill out forms. If you are
unsure how to proceed, you should consult a lawyer.
There is no guarantee that all judges and courts will accept forms available through the ND
Legal Self Help Center.
Do not include these instruction sheets when you serve or file the completed form.
THE “MOTION” SECTION OF THE GUIDE TO A CIVIL ACTION on the ND Legal Self Help Center
website has additional information and resources.
A Notice of Motion document is one of a set of required documents that make up a written
motion:
• Notice of Motion;
• Motion;
• Brief in Support of Motion;
• Affidavit in Support of Motion; and
• Other supporting documents.
A Notice of Motion is a written advisory that tells all parties that a request for an order will be
made to the court.
The party making a motion to the court, or the “moving party,” must serve a notice of motion
on all other parties. The notice of motion is served with the motion, brief in support of motion,
affidavit(s) in support of motion, and any other supporting documents.
Top of Form:
Complete the top of the Notice of Motion exactly as it appears in the Plaintiff’s
complaint.
Fill in the type of motion on the lines under “Notice of Motion For.”
List the names of all the other parties on the “TO:” line. If a party is represented by a
lawyer, list the name of the lawyer.
Fill in the case number.
NDLSHC [Page 2 of 2] Notice of Motion Civil Action/Rev. Mar 2019
Paragraph 1: Notice of Oral Arguments OR Notice of Decision on Briefs
Motions may be decided entirely on the documents submitted by the parties. A party can make
a timely request for an oral argument or an evidentiary hearing on the motion.
If the moving party scheduled oral arguments on the motion, put a checkmark () on
the line next to the first paragraph. Fill in the oral argument time and date information.
The party requesting oral arguments on a motion must schedule a time for the oral
arguments by contacting the clerk of court where the civil action is filed.
If the moving party requests that the court decide the motion on briefs, put a
checkmark () on the line next to the second paragraph.
If the moving party requests a decision on briefs, the opposing party can still request an
oral argument or an evidentiary hearing on the motion.
Sign and Date the Notice of Motion:
The party making the motion must sign and date the Notice of Motion.
Serve and File the Notice of Motion, Motion, Brief in Support of Motion, Affidavit(s) in
Support of Motion, and any Other Supporting Documents:
A copy of the Notice of Motion must be served on all other parties. A copy of the
motion, brief in support of motion, affidavit(s) in support of motion, and any other
supporting documents must be served with the Notice of Motion.
The Service link on the ND Legal Self Help Center website has information about service
after a civil action has been started.
The original Notice of Motion must be filed with the clerk of court where the existing
case is filed. The original motion, brief in support of motion, affidavit(s) in support of
motion, any other supporting documents, and proof of service must be filed with the
Notice of Motion.
The “Filing Documents with the District Court” Section of the Guide to a Civil Action on
the ND Legal Self Help Center website has additional information and resources.
Do not include these instruction sheets when you serve or file the completed form.
***The North Dakota Legal Self Help Center provides resources to people who represent themselves in civil matters in the North
Dakota state courts. The information provided by the Center is not intended for legal advice but only a general guide to the civil
court process. The Center is not responsible for any consequences that may result from the information provided. The
information cannot replace the advice of competent legal counsel licensed in the state. Use at your own risk.***
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STATE OF NORTH DAKOTA IN DISTRICT COURT (North Dakora Judicial Branch)

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Completed 3 June 2021

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