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

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NDLSHC Motion Civil Action/Aug 2017
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ______________
______________________________ ) Case No. _____________________
(Plaintiff) )
PLAINTIFF, )
Vs ) Motion ______________________
) _____________________________
______________________________ )
(Defendant) )
DEFENDANT, )
1. _______________________________________________________ (Name), Plaintiff/
Defendant (choose one), in the above-captioned civil case, makes this motion to the Court for
an order of the Court under (specify the North Dakota laws and/or rules) __________________
______________________________________________________________________________
_____________________________________________________________________________.
2. Wherefore, Plaintiff/Defendant (choose one) respectfully moves the Court to
(specify relief sought) ____________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.
3. This motion is based on the brief and affidavit in support of this motion, which are
served and filed with the motion.
Respectfully submitted,
___________________________________
Signature of Moving Party
___________________________________
Printed Name
___________________________________
Address
___________________________________
City, State, Zip Code
___________________________________
Phone Number
www.ndcourts.gov [Page 1 of 3] Motion/Rev Mar 2019
INSTRUCTIONS FOR MOTION FORM
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. Use at your own risk.
Do not include these instruction sheets when you serve or file your completed motion.
The “Motion” Section of the GUIDE TO A CIVIL ACTION on the ND Legal Self Help Center
website has additional information and resources.
A motion is a written request to the court for an order in an existing case. A motion cannot be
used to start a new civil action.
The party making the motion is called the “Moving Party.” The party answering the motion is
called the “Opposing Party.”
A 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 motion is a short, written request to the court that includes references to the specific rules
and laws that support the request.
Research North Dakota court laws and rules. A motion to the court must include the legal
authority that supports the motion request. The motion document lists the laws, North Dakota
Supreme Court case law, and court rules, or a combination of all three, upon which the motion
is filed. You must explain how and why the law, case law, or court rule supports your request in
a separate document, the brief in support of motion.
(The North Dakota Century Code, and North Dakota Supreme Court case law, and North Dakota
court rules are also found in print in many North Dakota public and academic libraries.)
The North Dakota Century Code is found online at www.legis.nd.gov/general-
information/north-dakota-century-code. The Century Code contains the laws enacted
by the North Dakota Legislature.
www.ndcourts.gov [Page 2 of 3] Motion/Rev Mar 2019
North Dakota Supreme Court case law is found online at www.ndcourts.gov/. When
the decision of a case is appealed from a North Dakota District Court to the North
Dakota Supreme Court, the Supreme Court writes their opinion to explain how and why
they interpreted the laws or rules to decide the case the way they did. The opinions are
case law and are followed by North Dakota courts deciding later cases with similar facts
and issues.
North Dakota court rules are found online at www.ndcourts.gov/legal-resources/rules.
Court rules govern how a dispute makes its way to court and how the dispute is
conducted.
Caption (Top of Form):
Complete the caption of the Motion exactly as it appears in the Plaintiff’s complaint.
Fill in the case number, if known. If the action has not been filed, the case number will
be assigned by the clerk of court when the action is filed.
Fill in the title of the type of motion you are making to the court.
Paragraph 1:
Fill in the full, legal name of the moving party.
List the North Dakota rules and/or laws that support the moving party’s request(s). (The
moving party must determine the North Dakota rules and/or laws that support their
motion.)
Paragraph 2:
List what you would like the Court to order, based on the rules and/or laws listed in
Paragraph 1.
Paragraph 3:
This paragraph tells the court that the moving party has prepared, served and filed a
brief in support of motion and the moving party’s affidavit in support of motion.
The moving party must create, serve and file a notice of motion, a motion, a brief in
support of motion, and the moving party’s affidavit of motion.
If the brief and moving party’s affidavit refer to information in other affidavits or
exhibits, the other affidavits or exhibits must be served and filed with the motion
documents.
www.ndcourts.gov [Page 3 of 3] Motion/Rev Mar 2019
Date and Signature:
If the moving party is self-represented, the self-represented party must date and sign
the brief in support of motion.
If the moving is represented by a lawyer, the lawyer must date and sign the brief in
support of motion.
WARNING: By signing your name you are telling the Court that you are telling the truth
and that you have a good faith reason for your requests. If you are not telling the truth,
if you are misleading the Court, or if you are serving or filing this document for an
improper purpose, the Court could find you in contempt or you may be prosecuted for
perjury.
Fill in the printed name, address and telephone number of the party (or lawyer) who
signed the motion.
If you have a physical address and a mailing address, type or write both addresses using
the lines provided, and the space next to the address lines.
Lawyers must also include an email address and their State Board of Law Examiners
identification number.
Service:
In general, copies of documents filed, or intended to be filed, with the court must be provided
to the other parties in the civil action. This is called service.
There are specific requirements for serving documents after a civil action has started. Rule 5 of
the North Dakota Rules of Civil Procedure gives the requirements for service after a civil action
has started.
Proof of service is an important step in the legal process. The court will not act on papers filed
with the court until proof of service is filed.
For information about service and proof of service in a civil action, go to the Service link on the
ND Legal Self Help Center website.
Do not include these instruction sheets when you serve or file your completed motion.
***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 cannot guarantee that all judges and courts will accept forms available through the Self Help Center.
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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Completed 3 June 2021

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