Motions

North Dakota Rules of Criminal Procedure

Rule: 47.

Jurisdiction: ND

Bluebook Citation: N.D.R.Crim.P. 47.

(a) In General. A party applying to the court for an order must do so by motion. (b) Form and Content. A motion—except when made during a trial or hearing—must be in writing, unless the court permits the party to make the motion by other means. A motion must state the grounds on which it is based and the relief or order sought. A motion may be supported by declaration. (c) Timing of a Motion. A party must serve a written motion—other than one that the court may hear ex parte—and any hearing notice at least 21 days before the hearing date, unless a rule or court order sets a different period. For good cause, the court may set a different period upon ex parte application. (d) Declaration Supporting a Motion. The moving party must serve any supporting declaration with the motion. A responding party must serve any opposing declaration at least one day before the hearing, unless the court permits later service.

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