N.D. R. Juv. proce. 14

As amended through March 18, 2024

Rule 14 - MOTIONS

(a) In General.

(1) Requirements. Every motion must be in writing, state with particularity the grounds, be signed by the person making the motion and filed with the court unless it is made in court and on the record.

(2) Motions Allowed.

(A) A party may raise by motion any defense, objection, or request that the court can determine without an adjudication of the general issue.

(B) A party may bring a motion to dismiss the petition upon any of the following grounds:

(i) lack of jurisdiction over the subject matter;

(ii) lack of jurisdiction over the child; or

(iii) failure of the petition to state facts which, if proven, establish a prima facie case to support the grounds set forth in the petition.

(C) A party may move to modify or vacate an order under Rule 16.

(b)Submission of Motion and Response; Request for Hearing.

(1) How Made. Every written motion along with notice of motion and any supporting briefs and declarations must be served by the moving party under Rule 7. A written motion is considered submitted to the court unless a party requests a hearing.

(2) Request for Hearing. A request for a hearing argument may be submitted in the notice of motion or the response to motion. The request must indicate whether the hearing is for presenting evidence, oral argument, or both. A timely request for a hearing must be granted. The party requesting a hearing must secure a time for the hearing and serve notice on all parties.

(2) Time. A written motion, along with any supporting briefs and declarations, must be served at least three days before the hearing unless the court for good cause shown permits a motion to be made and served less than three days before the hearing. If a hearing is requested and scheduled, any response must be served at least 24 hours prior to the hearing. If a hearing is not requested by the movant, a response and any request for a hearing must be served by the respondent within three days of service of the motion. The filing and service of a motion does not extend the time requirements for resolution of the matter.

(c) Motion Deadline. The court may set a deadline for the parties to make motions and may also set a time for hearings.

(d) Ruling on a Motion. The court must decide every motion before adjudication of the matter unless it finds good cause to defer a ruling. The court must not defer ruling on a motion if the deferral will adversely affect a party's rights. When factual issues are involved in deciding a motion, the court must state its essential findings on the record.

(e) Recording the Proceedings. A verbatim record must be made of all proceedings at oral arguments, including any findings of fact and conclusions of law made orally by the court.

N.D. R. Juv. proce. 14

SOURCES: Juvenile Policy Board Minutes of March 25, 2022; February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of April 24, 2020, pages 8-9; April 29, 2022, page 12.

Effective Date 3/1/2010.

Explanatory Note

Rule 14 was adopted effective March 1, 2010. Amended effective 3/1/2021; 3/1/2023.

This rule governs motion practice in juvenile court.

Rule 14 was amended, effective March 1, 2021, and 3/1/2023 to clarify the procedure for submitting a motion and requesting a hearing.

Rule 14 was amended effective 3/1/2021, to delete the term "affidavit" and replace it with "declaration." This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.

Rule 14 was amended November 16, 2022, effective 3/1/2023, to replace the term "oral argument" with "hearing" and to require the hearing request to indicate whether the hearing will be for presenting evidence, oral argument, or both.

STATUTES AFFECTED:

CROSS REFERENCE: N.D.R.Juv.P. 1 (Scope and Purpose); N.D.R.Juv.P. 7 (Service After Summons); N.D.R.Juv.P. 16 (Modification and Vacation of Orders).