North Dakota Motion to Withdraw Funds from the Court's Registry

State:
Multi-State
Control #:
US-03349BG
Format:
Word; 
Rich Text
Instant download

Description

A court may, on proper application, permit a party in the possession of money (or other valuable item capable of delivery) to deposit the money in court for various reasons including:


" to relieve the depositor of the responsibility of the funds;

" to avoid placing one party at a severe advantage during the period of litigation; and

" to preserve the funds in controversy to ensure that the prevailing party may receive the money it is awarded.

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FAQ

A motion is a formal request made by any party for a desired ruling, order, or judgment. The party that makes the motion is known as the movant. A motion can be written or spoken, as the relevant rules require. Various motions can be made throughout a proceeding, but only after the initial complaint has been filed.

An affidavit, declaration of service, or certificate of service gives the court proof of service.

(2) If the party is within this state and cannot be found, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by sending a copy by any form of mail or third-party commercial delivery addressed to the party and requiring a signed receipt and ...

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

Service of the motion requires that the moving party arrange delivery of the motion documents to the opposing party. The moving party is required to notify the opposing party of the motion and to give the opposing party time to respond.

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.

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North Dakota Motion to Withdraw Funds from the Court's Registry