North Dakota procedural guides

Plain-English guides to the North Dakota Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a North Dakota complaint: 21 days, and the plaintiff must produce the paperNorth Dakota Rule 12(a) gives 21 days after service of the summons and complaint to serve an answer — and a default judgment on a written instrument requires the plaintiff to produce it.
• Setting aside a North Dakota default judgment: your year runs from entry, not from noticeNorth Dakota Rule 60(c) gives a party who appeared one year from notice of entry — but a defaulted defendant only one year from entry of the judgment itself.
• The North Dakota motion to dismiss: twenty-one days, then fourteenNorth Dakota Rule 12(b) carries the familiar seven defenses, gives 21 days to answer and 14 after a denied motion.
• North Dakota summary judgment: 90 days before trial, 45 before the hearing, and a 38-page limitNorth Dakota Rule 56 puts hard filing dates and brief-length limits in the rule itself — 90 days before trial, 45 before the hearing, 38 pages, 12-point type — and runs on declarations rather than affidavits.
• The North Dakota motion to compel: you choose the court, even for a nonpartyNorth Dakota Rule 37(a)(2) lets a motion against a nonparty be filed either where the discovery is taken or where the action is pending — a choice the federal rule and most states do not give.
• North Dakota subpoenas: no fees tendered, no obligation to obey — and metadata is defined for youNorth Dakota Rule 45 excuses compliance outright if fees, mileage and travel expenses are not tendered with the subpoena, and defines which metadata a document subpoena reaches.
• North Dakota TROs: file by the next business day or the order dies on its ownNorth Dakota Rule 65 terminates a temporary restraining order at the end of the next court business day if the moving papers are not filed, expires it after 28 days, and shifts the burden to the party who obtained it.
• North Dakota requests for admission: two signatures, and forty-five days for a defendantNorth Dakota Rule 36 gives a defendant 45 days from service of the summons and complaint to answer requests for admission, and requires the responder to sign the response while the attorney signs any objections.

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