North Dakota Motion for Continuance

Q: What rule governs a motion for continuance in North Dakota?

N.D.R.Ct. 6.1, titled Continuances, effective March 1, 2024. North Dakota uses the term continuance. Motions must be filed promptly as soon as the grounds are known.

Q: What are acceptable reasons for a continuance in North Dakota civil court?

The standard is good cause shown. The one ground the rule names is that a party's attorney is actually engaged in another trial or hearing, and then only for the duration of that trial or hearing. Other reasons must be shown as good cause, and the judge decides each request.

Q: Are there reasons for a continuance in North Dakota family court?

Rule 6.1 sets the good cause standard and does not list family court reasons. Whether any separate family court rule applies is a question for the clerk of court. Whatever the reason, explain it clearly and say when you learned of it.

Q: Does a North Dakota motion for continuance need a declaration or affidavit?

Not necessarily. Rule 6.1(b) says good cause may be shown either by a declaration or otherwise. A declaration is an unsworn statement under N.D.C.C. 31-15-05 and replaced the affidavit in 2021. Including one can help support your reasons.

Q: How soon must I file a motion for continuance in North Dakota?

Promptly, as soon as the grounds are known. If the motion is filed less than 21 days before the trial or hearing, the Rule 3.2 motion procedure does not apply, but you must first try to contact the other party and state in the motion whether they agree or object.

Q: Can both sides agree to a continuance in North Dakota?

Agreement helps but does not settle it. Rule 6.1(b) says stipulations for continuance will not be recognized except for good cause shown, so the court still needs a good cause reason before it resets the date.

Q: Is there a North Dakota motion for continuance form or template?

The North Dakota courts publish two optional continuance request forms on the small claims self-help page: one for more than 21 days before the hearing and one for less than 21 days. They are optional. You may also file your own motion that meets Rule 6.1.

Q: Can I stay home if I have filed a motion for continuance in North Dakota?

No. Until the court grants the motion, the hearing date stands. Attend unless the court tells you the date has been moved. A request is not a ruling, and it may be denied.

N.D.R.Ct. 6.1 requires good cause shown. Your court date stands until the judge rules.

Find out where you stand in North Dakota

What kind of case is the hearing in?

DocDraft provides document preparation, not legal advice.

Introduction

North Dakota Rule of Court 6.1 governs a continuance. File promptly once you know the grounds. It is granted only for good cause shown. Special steps apply within 21 days of the hearing. Your date stands until the court rules.

Key Things to Know

1
North Dakota calls it a continuance, and N.D.R.Ct. 6.1 (Continuances, effective March 1, 2024) is the rule. It says motions must be filed promptly as soon as the grounds are known.
2
The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you the date has been moved.
3
The standard is good cause shown. Rule 6.1 says a continuance will be granted only for good cause shown, either by a declaration or otherwise. The judge decides each request.
4
A party is entitled to a continuance when the party's attorney is actually engaged in another trial or hearing, but only for the duration of that particular trial or hearing (Rule 6.1(a)).
5
Support can be a declaration or otherwise. A declaration is an unsworn statement under N.D.C.C. 31-15-05 that replaced the affidavit in 2021. Rule 6.1 does not make a declaration mandatory.
6
For a motion filed less than 21 days before the trial or hearing, the Rule 3.2 motion procedure does not apply. You must first try to contact the other party and state in the motion whether they agree or object.
7
Agreed continuances are not automatic. Stipulations for continuance will not be recognized except for good cause shown. Any continuance must be to a future date consistent with district-court docket currency standards (N.D. Sup. Ct. Admin. R. 12) except for good cause.

Key decisions before you file

Before you file a Motion for Continuance in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.

Open the Motion for Continuance guide

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STATE OF NORTH DAKOTA IN DISTRICT COURT, [COUNTY] COUNTY [JUDICIAL DISTRICT] JUDICIAL DISTRICT

[PLAINTIFF NAME], Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME], Hearing/Trial Date: [DATE AND TIME] Defendant. Judge: [JUDGE]

MOTION FOR CONTINUANCE

[YOUR NAME], [PLAINTIFF OR DEFENDANT], [SELF-REPRESENTED OR BY COUNSEL, NAME], moves under N.D.R.Ct. 6.1 for a continuance of the [HEARING OR TRIAL] now set for [DATE AND TIME]. The movant states:

This case is pending in the above court. The [HEARING OR TRIAL] is set for [DATE AND TIME]. This is the [FIRST OR NUMBER] request for a continuance by the movant. The movant learned of the grounds below on [DATE LEARNED] and files this motion promptly.
GROUNDS (good cause):

[IF APPLICABLE: GROUND A, ATTORNEY ENGAGED IN ANOTHER TRIAL OR HEARING (Rule 6.1(a)): The movant's attorney, [ATTORNEY NAME], is actually engaged in another trial or hearing, [CASE NAME AND COURT], set for [DATES]. The movant asks for a continuance only for the duration of that trial or hearing.]

[IF APPLICABLE: GROUND B, OTHER GOOD CAUSE: CIRCUMSTANCE, DATE IT AROSE, AND REASON THE MOVANT CANNOT PROCEED ON THE SET DATE.]

[IF APPLICABLE: GROUND C, ADDITIONAL GOOD CAUSE: CIRCUMSTANCE, DATES, AND ANY DOCUMENTS ATTACHED.]

The motion is not made for delay only.
REQUESTED NEW TIMING: The movant asks that the matter be reset to [PROPOSED DATE OR PERIOD, OR A DATE ON THE COURT'S CALENDAR].
POSITION OF THE OTHER SIDE: [IF FILED LESS THAN 21 DAYS BEFORE THE HEARING OR TRIAL: On [DATE], the movant contacted [OTHER PARTY OR COUNSEL] by [METHOD]. The other side [AGREES OR OBJECTS OR DID NOT RESPOND].] [IF FILED 21 OR MORE DAYS BEFORE: The other side [AGREES OR OBJECTS OR POSITION UNKNOWN].]

Dated: [DATE]

                                    ______________________________
                                    [YOUR NAME]
                                    [ADDRESS]
                                    [PHONE AND EMAIL]

DECLARATION IN SUPPORT

I, [YOUR NAME], make this unsworn declaration under N.D.C.C. 31-15-05 in support of the motion above and declare:

[FACTS SUPPORTING THE GROUNDS ABOVE, WITH DATES]

Dated: [DATE] ______________________________ [YOUR NAME]

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of this motion on [OTHER PARTY OR COUNSEL] at [ADDRESS OR EMAIL] by [METHOD OF SERVICE].

                     ______________________________
                     [YOUR NAME]

North Dakota Requirements for Motion for Continuance

Rule 6.1 Governs Continuances
N.D.R.Ct. 6.1 (Continuances), effective March 1, 2024, is North Dakota's continuance rule. The state calls the request a continuance.
Good Cause Shown
A continuance will be granted only for good cause shown, either by a declaration or otherwise (Rule 6.1(b)).
File Promptly
Motions for continuance must be filed promptly as soon as the grounds are known (Rule 6.1).
Attorney Engaged Elsewhere
A party is entitled to a continuance when the party's attorney is actually engaged in another trial or hearing, only for the duration of that trial or hearing (Rule 6.1(a)).
Declaration Support
Good cause may be shown by a declaration or otherwise. A declaration is an unsworn statement under N.D.C.C. 31-15-05 and is not mandatory under Rule 6.1(b).
Motions Under 21 Days
Rule 3.2 motion procedure does not apply to a continuance motion filed less than 21 days before the trial or hearing. The movant must first try to contact the other party and state whether they agree or object (Rule 6.1(b)).
Stipulations Need Good Cause
Stipulations for continuance will not be recognized except for good cause shown (Rule 6.1(b)).
Optional Small Claims Forms
The North Dakota courts publish optional continuance request forms for small claims, one for more than 21 days and one for less than 21 days before the hearing.

Frequently Asked Questions

What rule governs a motion for continuance in North Dakota?

What are acceptable reasons for a continuance in North Dakota civil court?

Are there reasons for a continuance in North Dakota family court?

Does a North Dakota motion for continuance need a declaration or affidavit?

How soon must I file a motion for continuance in North Dakota?

Can both sides agree to a continuance in North Dakota?

Is there a North Dakota motion for continuance form or template?

Does Rule 6.1 apply to small claims, eviction or family cases in North Dakota?

Can I stay home if I have filed a motion for continuance in North Dakota?

Find out where you stand in North Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Continuance Template with DocDraft

North Dakota Requirements for Motion for Continuance

Rule 6.1 Governs Continuances

Good Cause Shown

File Promptly

Attorney Engaged Elsewhere

Declaration Support

Motions Under 21 Days

Stipulations Need Good Cause

Optional Small Claims Forms

Frequently Asked Questions