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A responding party must serve any opposing affidavit at least one day before the hearing, unless the court permits later service. RESPONSE INSTRUCTIONS: o You will complete and file the original Response to Motion and the original.Affidavit with the Clerk of Court. To answer a motion, the following steps are taken: Step 1. Write answering papers, also known as opposing papers. To oppose a motion, you must prepare an affidavit or affirmation. This is a basic checklist for answering a motion in a civil action in North Dakota State District. Court. 1. Complete the court forms, following all of the steps in these Instructions. 2. Complete the court forms, following all of the steps in these instructions. 2. If it was hand delivered, you have 5 days to reply.