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North Dakota Motion to Set Aside Submission and Reopen Case

Category:
Civil Procedure - Motions - Case Reopenings
State:
Multi-State
Control #:
US-02764BG
Format:
Word; 
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Description

This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

A North Dakota Motion to Set Aside Submission and Reopen Case is a legal request made by a party involved in a court proceeding to overturn a previous submission and reopen a closed case. This motion aims to provide an opportunity for the party to present new evidence, rectify errors, or address any unfair circumstances that may have affected the outcome of the case. In North Dakota, there are several types of motions that can be filed to set aside a submission and reopen a case, including: 1. North Dakota Rule of Civil Procedure 60(b) Motion: This motion is typically used in civil cases and allows a party to request relief from a final judgment or order due to reasons such as mistake, newly discovered evidence, fraud, or misconduct by an opposing party. 2. North Dakota Rule of Criminal Procedure 32(d) Motion: This motion is specific to criminal cases and enables a defendant to challenge a judgment or sentence based on grounds like newly discovered evidence, constitutional violations, or ineffective assistance of counsel. 3. North Dakota Rule of Juvenile Procedure 27 Motion: This motion pertains to juvenile cases and enables a party to ask the court to reconsider a previous decision, such as a delinquency finding or disposition, due to subsequently discovered evidence or legal errors. When filing a North Dakota Motion to Set Aside Submission and Reopen Case, it is essential to fully comply with the specific rules and regulations of the respective court and provide valid reasons and supporting evidence for reopening the case. The motion must also be filed within the designated time limit specified by the applicable rules. Successfully obtaining a motion to set aside submission and reopen a case can lead to a favorable outcome for the party requesting the motion. It provides an opportunity to rectify potential injustices, correct errors, and introduce new evidence that may significantly impact the original judgment or order. However, it is crucial to seek legal advice or representation to ensure the motion is appropriately filed and argued before the court.

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(1) Sanctions by Court in District Where Deposition Is Taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the court in the judicial district in which the deposition is being taken, the failure may be considered a contempt of that court.

(b) Failure to Comply with a Court Order. (1) Sanctions Sought in the District Where the Deposition Is Taken. If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.

Rule 11.2 was amended, effective March 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.

A motion for a new trial may be made upon the files, exhibits, and minutes of the court. Pertinent facts not a part of the minutes may be shown by affidavit. Either party may procure a complete or partial transcript of the proceedings for use upon the hearing of the motion.

(a) Motion for an Order Compelling Discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.

If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with a motion for judgment. Notice must be served with the motion and must comply with N.D.R. Ct.

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is self-represented. The paper must state the signer's address, electronic mail address for electronic service, and telephone number.

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

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A motion is a request to the state district court to issue an order for a specific purpose. Motions are made after the summons and complaint are filed with the ... Effective Date: 8/1/2021 ... (a) Submission of Motion. (1) Notice. Notice must be served and filed with a motion. The notice must indicate the time of the hearing ...Complete a cover sheet (Form JS-44) and attach it to the complaint. 4. Send the filing fee or complete an Application to Proceed Without Prepayment of Fees and ... The summons shall be legibly subscribed by the plaintiff or his attorney and shall include the subscriber's address. It shall be directed to the defendant, and ... Mar 1, 2022 — A memorandum in support of a motion for leave of court to submit an additional filing or to submit. Effective March 1, 2022. 27. Page 37. CIVIL ... Jul 1, 1974 — The saving clause in Rule 60(b) which allows the court to set aside a judgment for fraud upon the court contains no time limit. Likewise, the ... Feb 22, 2022 — Rule 60(b), in turn, lets a party “seek relief from a final judgment, and request reopening of his case, under a limited set of circumstances.” ... To ask the judge to set aside the judgment, the defendant must file a “Motion to Set Aside Default. Judgment” with the court clerk. The motion must be filed ... Jul 11, 2018 — Don't panic. · File the motion to reopen or motion for relief from judgment as soon as possible. This Court granted his request and remanded to the district court to allow review and disposition of Defendant's Request to Reopen Case. The district court ...

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