"Making a Motion in a Civil Action Checklist" - North Dakota

Making a Motion in a Civil Action Checklist is a legal document that was released by the North Dakota District Courts - a government authority operating within North Dakota.

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MAKING A MOTION IN A CIVIL ACTION
CHECKLIST
This is a basic checklist for making a motion in a civil action in North Dakota State District
Court. There may be additional documents and procedures for your particular type of
motion. If you are unsure how to proceed, you should consult a lawyer licensed to practice in
North Dakota.
THE “MOTIONS” 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. Motions may be made after the
summons and complaint are filed with the court.
The party making the motion is called the “Moving Party.” The party answering the motion is
called the “Opposing Party.”
A written motion in a civil action is made up of a set of documents, including:
• Notice of Motion;
• Motion;
• Brief in Support of Motion;
• Affidavit in Support of Motion; and
• Other Supporting Documents.
Other documents may be required, depending on the court rule and/or law that apply to the
type of motion you make.
Is the Summons and Complaint (or Petition), Filed with the North Dakota State District Court?
 Yes. The case number is ___________________________.
 No. DO NOT CONTINUE. Motions cannot be made until the summons and complaint
(or petition) and proof of service of the summons and complaint are filed with the North
Dakota State District Court. Review the
Guide to a Civil Action
on the ND Legal Self Help
Center website to determine how to proceed.
Research North Dakota Laws and Court Rules:
A motion to the court must include the legal authority that supports the motion request. The
moving party must explain how and why the law, case law, and/or court rule supports the
request.
NDLSHC Website:
www.ndcourts.gov/
Page 1 of 6
Make a Motion Checklist/Rev Mar 2019
MAKING A MOTION IN A CIVIL ACTION
CHECKLIST
This is a basic checklist for making a motion in a civil action in North Dakota State District
Court. There may be additional documents and procedures for your particular type of
motion. If you are unsure how to proceed, you should consult a lawyer licensed to practice in
North Dakota.
THE “MOTIONS” 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. Motions may be made after the
summons and complaint are filed with the court.
The party making the motion is called the “Moving Party.” The party answering the motion is
called the “Opposing Party.”
A written motion in a civil action is made up of a set of documents, including:
• Notice of Motion;
• Motion;
• Brief in Support of Motion;
• Affidavit in Support of Motion; and
• Other Supporting Documents.
Other documents may be required, depending on the court rule and/or law that apply to the
type of motion you make.
Is the Summons and Complaint (or Petition), Filed with the North Dakota State District Court?
 Yes. The case number is ___________________________.
 No. DO NOT CONTINUE. Motions cannot be made until the summons and complaint
(or petition) and proof of service of the summons and complaint are filed with the North
Dakota State District Court. Review the
Guide to a Civil Action
on the ND Legal Self Help
Center website to determine how to proceed.
Research North Dakota Laws and Court Rules:
A motion to the court must include the legal authority that supports the motion request. The
moving party must explain how and why the law, case law, and/or court rule supports the
request.
NDLSHC Website:
www.ndcourts.gov/
Page 1 of 6
Make a Motion Checklist/Rev Mar 2019
 Do any laws enacted by the North Dakota State Legislature support the motion request?
The
North Dakota Century Code
contains laws enacted by the Legislature. List any
specific laws that support the request: _______________________________________
________________________________________________________________________
_______________________________________________________________________.
 Does any
North Dakota Supreme Court case law
support the motion request?
When the decision of a case is appealed from a North Dakota State 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. List the specific case law that supports the request:
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
 Do any court rules support the motion request?
North Dakota Court rules
govern how a dispute makes its way to court and how the
dispute is conducted. List the specific court rules that support the request:
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
(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.)
Create the Documents to Make a Motion in a Civil Action:
 Notice of Motion (A General-Use Notice of Motion form is available in the “District Court
Civil” section of the
ND Legal Self Help Center
website.)
 Complete the caption (top of document) exactly as it appears in the Plaintiff’s
complaint (or the Petitioner’s petition)
 Fill in the case number
 Signed and dated by the moving party, or by the lawyer, if the moving party is
represented
 Make a copy for each opposing party, plus one copy to keep as a record
NDLSHC Website:
www.ndcourts.gov/
Page 2 of 6
Make a Motion Checklist/Rev Mar 2019
 Motion (A General-Use Motion form is available in the “District Court Civil” section of
the
ND Legal Self Help Center
website.)
 Complete the caption exactly as it appears in the Notice of Motion
 Fill in the title with the type of motion
 List the North Dakota rules and/or laws that support the request(s)
 List what you would like the court to order
 Signed and dated by the moving party, or by the lawyer, if the moving party is
represented
 Make a copy for each opposing party, plus one copy to keep as a record
 Brief in Support of Motion (A General-Use Brief in Support of Motion form is available
in the “District Court Civil” section of the
ND Legal Self Help Center
website.)
 Complete the caption exactly as it appears in the Notice of Motion
 Fill in the title with the type of motion
 Statement of Facts Section: List the facts that caused the moving party to decide
to file a motion in the civil action
 Law and Argument Section: Explain how each law, case law, or court rule you
have identified supports the motion. Apply each law, case law, or court rule the
moving party has identified to the facts listed in the Statement of Facts.
 Conclusion Section: Summarize what the moving party is asking the court to do
and why the court should grant the motion
 Signed and dated by the moving party, or by the lawyer, if the moving party is
represented
 Make a copy for each opposing party, plus one copy to keep as a record
 Affidavit in Support of Motion (A General-Use Affidavit form is available in the “District
Court Civil” section of the
ND Legal Self Help Center
website.)
 Complete the caption exactly as it appears in the Notice of Motion
 Fill in the title with the type of motion
 List the facts that caused the moving party to decide to file a motion in the civil
action
 Signed and dated by the moving party in the presence of a notary public or clerk
of court
 Make a copy for each opposing party, plus one copy to keep as a record
NDLSHC Website:
www.ndcourts.gov/
Page 3 of 6
Make a Motion Checklist/Rev Mar 2019
Gather Other Supporting Documents:
A motion may include other supporting documents, such as affidavits or exhibits.
 Make a copy of each supporting document, if any, for each opposing party, plus one
copy to keep as a record.
Service of Motion Documents:
The moving party must serve copies of their motion documents on the other parties in the civil
action. A signed and notarized affidavit of service is proof that service occurred.
 Review service requirements for motions in
Rule 5 of the North Dakota Rules of Civil
Procedure. For more information about service requirements after a civil action has
started, go to the
Service
link on the ND Legal Self Help Center website.
 Obtain the address for service for each opposing party. If an opposing party is
represented by a lawyer, obtain the address for service for the lawyer.
 Arrange for service of copies of the following documents on each opposing party. If an
opposing party is represented by a lawyer, arrange for service on the lawyer.
 Notice of Motion;
 Motion;
 Brief in Support of Motion;
 Affidavit in Support of Motion; and
 Other supporting documents, if any.
 For each opposing party, get the signed and notarized affidavit of service of the motion
documents from the person who served the motion documents.
File the Original Motion Documents with the North Dakota State District Court:
The original of each of the motion documents and the document(s) showing proof of service
must be filed with the clerk of court.
*** Filing does not meet the requirements for service.***
 Contact the clerk of court’s office in the County where the moving party will file the
motion for the following information:
 Amount of the filing fee $_________, if any, and how to pay
 Options for submitting motion documents if the moving party cannot file the
documents in person
NDLSHC Website:
www.ndcourts.gov/
Page 4 of 6
Make a Motion Checklist/Rev Mar 2019
 Gather the originals of the following documents (make copies for your records):
 Notice of Motion;
 Motion;
 Brief in Support of Motion;
 Affidavit in Support of Motion;
 Other supporting documents, if any; and
 Affidavit(s) of Service of a copy of each of the motion documents on each
opposing party
 File the original documents with the clerk of court and pay the filing fee, if any.
Opposing Party’s Answer to Motion:
If an opposing party to the motion is served by handing it to the opposing party, leaving it at the
opposing party’s office or residence, the opposing party has fourteen (14) days after service of
the motion documents to answer the motion in writing.
If an opposing party to the motion is served by mail or third party commercial carrier, the
opposing party has seventeen (17) days after service of the motion documents to answer the
motion in writing.
 The opposing party served a written answer to the motion on the moving party, or the
moving party’s lawyer, if represented.
Date the written answer to the motion was served: ___________________________
(For information about service requirements after a civil action has been started, the
Service
link on the ND Legal Self Help Center website.)
*OR*
 The opposing party did not serve a written answer to the motion on the moving party,
or the moving party’s lawyer, if represented.
If the opposing party failed to serve a written answer fourteen (14) days or seventeen
(17) days after service of the motion documents, the court will decide the motion on the
documents filed, unless a hearing was requested within the hearing-request timelines.
NDLSHC Website:
www.ndcourts.gov/
Page 5 of 6
Make a Motion Checklist/Rev Mar 2019