Instructions For Motion Form

ND Legal Self Help Center Staff and Court employees can’t help you fill out forms, or create
documents for you. If you’re unsure how to proceed, consult a lawyer.

ND Legal Self Help Forms aren’t official forms. Judges and courts aren’t required to accept
them. There’s no guarantee Center forms will be accepted. Use at your own risk.

Don’t include these instruction sheets when you serve or file the completed form.

The “Motion” Section of the Guide to a Civil Action, or Civil Case on the ND Legal Self Help
Center webpage has additional information and resources.

Use the Making a Motion in a Civil Action, or Civil Case Checklist to help you make your
Motion.

A Motion is a written request to the court for an order in an existing case. A Motion can’t be
used to start a new civil action, or civil case.
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 or Declaration in Support of Motion; and
• Other supporting documents.

A Motion is a short, written request to the court that includes references to the specific North
Dakota 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.)

NDLSHC [Page 1 of 3] Motion/Rev Mar 2024

  The North Dakota Century Code contains the laws enacted by the North Dakota
Legislative Process.

 North Dakota Supreme Court case law: 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.

 North Dakota 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. You can’t make a Motion without a case number.

 Fill in the type of Motion you’re making to the court.

Paragraph 1:

 Fill in your full, legal name. Checkmark () if you’re the Plaintiff or Defendant.

 List the North Dakota rules and/or laws that support your, the moving party’s,
request(s). (You must determine the North Dakota rules and/or laws that support your
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 you, the moving party, has prepared, served and filed
a Brief in Support of Motion and your Affidavit in Support of Motion or Declaration in
Support of Motion.

 You, the moving party, must create, serve and file a Notice of Motion, Brief in Support
of Motion, and your Affidavit in Support of Motion or Declaration in Support of Motion.

NDLSHC [Page 2 of 3] Motion/Rev Mar 2024

  If your Brief and your Affidavit or Declaration refer to information in other Affidavits, or
Declarations, or exhibits, the other Affidavits, Declarations, or exhibits must be served
and filed with the Motion documents.

Date and Signature:

 You, the moving party, must date and sign the Motion.

Warning: By signing your name, you’re telling the Court that you’re telling the truth and
that you have a good faith reason for your requests. If you aren’t telling the truth, if
you’re misleading the Court, or if you’re 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 your printed name, address, telephone number, and email address.

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.

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 case. This is called service.

There are specific requirements for serving documents after a civil case has started. Rule 5 of
the North Dakota Rules of Civil Procedure gives the requirements for service after a civil case
has started.

Proof of service is an important step in the legal process. The court won’t act on papers filed
with the court until proof of service is filed.

For information about service and proof of service in a civil case, go to the Service link on the
ND Legal Self Help Center webpage.

***Disclaimer: 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 isn’t intended for legal advice but only a general guide to the civil court process.
The Center can’t guarantee that all judges and courts will accept forms available through the
Legal Self Help Center. The Center isn’t responsible for any consequences that may result from
the information provided. The information can’t replace the advice of competent legal counsel
licensed in the state. Use at your own risk.***

NDLSHC [Page 3 of 3] Motion/Rev Mar 2024

State Of North Dakota In District Court
County Of ___________________________ _____________________Judicial District

_________________________________ ) Case No. _____________________

Plaintiff, )
vs ) Motion ____________________________
) ___________________________________
_________________________________ )
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 or Declaration in Support of

this Motion, which are served and filed with the Motion.

Dated______________________________________.

___________________________________ ____________________________________
Signature of Moving Party Printed Name

______________________________________________________________________________
Address City State Zip Code

Phone No.:___________________________ Email:_______________________________

Find Answer to Motion info at

ndcourts.gov/legal-self-help Page 1 of 1 Motion Civil Action/Rev Mar 2024