NDLSHC [1] Continuance-Extension/Rev. Aug 2017 INSTRUCTIONS FOR CONTINUANCE/EXTENSION NOTICE OF MOTION AND MOTION FORM; (PROPOSED) ORDER 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 this instruction sheet when you serve or file the completed form. SEE THE 223MOTIONS224 SECTION OF THE GUIDE TO A CIVIL ACTION on the ND Legal Self Help Center website for additional information and resources about motions. After a civil action is filed with the court, a party in a civil action may ask the court for a hearing or trial to be continued for a different day and time, or ask for an extension of time to answer a summons and complaint or answer a motion. The court decides whether to grant the motion. The party making the motion is the 223Moving Party.224 The party responding to the motion is the 223Opposing Party.224 A copy of the completed notice of motion and motion and a copy of the completed (proposed) order must be served on all other parties in the civil action. You must file proof of service with the court that you served copies of the notice of motion and motion, and copies of the (proposed) order on all other parties. NORTH DAKOTA CONTINUANCE/EXTENSION RULES Review the following North Dakota Rules carefully. You are not required to hire an attorney to access the court system. If you decide to represent yourself, you must follow all of the rules, laws and procedures that an attorney is required to follow. Rule 6 of the North Dakota Rules of Civil Procedure: A court may extend, for good cause, the time a party may or must act. Rule 6 is found online at http://www.ndcourts.gov/court/rules/CIVIL/rule06.htm . Rule 3.2 of the North Dakota Rules of Court: A court may extend the time for filing briefs or other motion documents. Rule 3.2 is found online at http://www.ndcourts.gov/court/rules/NDROC/rule3.2.htm . Rule 6.1 of the North Dakota Rules of Court: A court may continue a hearing or trial for good cause. Rule 6.1 is found online at http://www.ndcourts.gov/court/rules/NDROC/rule6.1.htm . American LegalNet, Inc. www.FormsWorkFlow.com NDLSHC [2] Continuance-Extension/Rev. Aug 2017 NOTICE OF MOTION AND MOTION FOR CONTINUANCE/EXTENSION FORM Top of Form (Caption): Fill in the caption exactly as it appears in the summons. If you are requesting a continuance, put a checkmark () in the box next to 223Continuance.224 If you are requesting an extension, put a checkmark () in the box next to 223Extension.224 To: List the names of the parties to receive notice of the motion and motion. If a party is represented by an attorney, also list the name of the attorney. NOTICE OF MOTION: First Paragraph: If you are requesting a continuance, put a checkmark () in the box next to 223Continuance.224 If you are requesting an extension, put a checkmark () in the box next to 223Extension.224 MOTION: Motion Heading: If you are requesting a continuance, put a checkmark () in the box next to 223Continuance.224 If you are requesting an extension, put a checkmark () in the box next to 223Extension.224 Paragraph 1: Type or write your full, legal name. If you are the Plaintiff in the case, put a checkmark () in the box next to 223Plaintiff.224 If you are the Defendant in the case, put a checkmark () in the box next to 223Defendant.224 Paragraph 2: If you are requesting a continuance, put a checkmark () in the box next to 223Continuance.224 Type or write the date or dates for which the hearing or trial is currently scheduled. Type or write the number of days you are asking for the hearing or trial to be continued. If you are requesting an extension, put a checkmark () in the box next to 223Extension.224 Put a checkmark () in the box next to the extension of time statement that fits your circumstances. Type or write the date your answer or response is currently due. Type or write the date when you will file your answer or response, if you are granted the extension. Paragraph 3: Explain the reason or reasons you are making the motion for continuance/ extension. The judge or judicial referee reviewing the motion will decide if you have shown good cause to grant the continuance and/or extension. Paragraph 4: Read the statement. You will swear the statement is accurate when you sign this form in the presence of a notary public or clerk of court. Date and Signature: Complete the date and signature block. Fill in the date you sign this document. Sign the signature line. American LegalNet, Inc. www.FormsWorkFlow.com NDLSHC [3] Continuance-Extension/Rev. Aug 2017 Fill in the address lines. 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. Fill in the telephone number line. Signature and Notarization: Do not fill out or sign the verification until you are in the presence of a Notary Public or a Clerk of Court. Make sure to bring identification to show to the Notary Public or Clerk of Court. 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 or 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. (PROPOSED) ORDER FORM This is your proposed order. If the judge or judicial referee grants your motion, and uses your proposed order, the judge or judicial referee will complete and sign the order. Top of Form (Caption): Fill in the caption exactly as it appears in the Notice of Motion and Motion for Continuance/Extension. If you are requesting a continuance, put a checkmark () in the box next to 223Continuance.224 If you are requesting an extension, put a checkmark () in the box next to 223Extension.224 First Paragraph: If you are the Plaintiff in the case, put a checkmark () in the box next to 223Plaintiff.224 If you are the Defendant in the case, put a checkmark () in the box next to 223Defendant.224 If you are requesting a continuance, put a checkmark () in the box next to 223Continuance.224 If you are requesting an extension, put a checkmark () in the box next to 223Extension.224 DO NOT fill in the date. If the judge or judicial referee grants your motion, and uses your proposed order, the judge or judicial referee will fill in this information. Remaining Paragraphs: DO NOT complete the remaining paragraphs. If the judge or judicial referee uses your proposed order, the judge or judicial referee will fill in this information. Date and Signature: DO NOT date or sign this form. If the judge or judicial referee uses your proposed order, the judge or judicial referee will date and sign the form. AFTER COMPLETING THE FORMS Make at least two copies of the completed Notice of Motion and Motion for Continuance/ Extension form and the (Proposed) Order form. Keep one copy for your records. You will serve the other copy or copies on the other party or parties. You will file the original with the Clerk of Court. American LegalNet, Inc. www.FormsWorkFlow.com NDLSHC [4] Continuance-Extension/Rev. Aug 2017 Serve the copies on all other parties. File the original with the Clerk of Court. File the completed affidavit(s) of service of the copies. See service by mail instructions and an affidavit of service by mail form below. The other parties will have fourteen (14) days to serve a written response to your motion. The other parties may also make a written request for oral arguments or an evidentiary hearing on your motion. The request for oral arguments or an evidentiary hearing must be made within seven (7) days after expiration of the other party222s time to provide a written response. American LegalNet, Inc. www.FormsWorkFlow.com NDLSHC Page 1 of 3 Continuance-Extension/Rev. Aug 2017 STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF JUDICIAL DISTRICT ) ) Case No. (Plaintiff) ) PLAINTIFF, ) Vs ) NOTICE OF