Rule 3.2 of the North Dakota Rules of Civil Procedure addresses the request for a hearing on motions, even if the moving party originally intended for the motion to be decided solely on briefs.
Key Components of Rule 3.2:
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Right to a Hearing: Even if a party initially files a motion indicating it should be decided on briefs, a timely request for a hearing must be granted.
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Responsibility of Requesting Party: The party requesting the hearing bears the responsibility of securing a time for the hearing with the court and serving notice of the hearing upon all other parties involved. This ensures all parties are aware of the scheduled hearing.
In essence, Rule 3.2 guarantees a party the opportunity to be heard orally on a motion, regardless of the initial procedural intentions. It emphasizes the responsibility of the party requesting the hearing to arrange and notify all other relevant parties.
