[COURT SEAL/HEADER]

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

[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Case No. [____]
)
[DEFENDANT NAME], )
)
Defendant. )

DEFENDANT’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT

TO: [Opposing Counsel Name, Law Firm, Full Address]

PLEASE TAKE NOTICE that, pursuant to N.D. R. Civ. P. 56 and N.D. R. Ct. 3.2, Defendant [DEFENDANT NAME] (“Defendant” or “Movant”) will move this Court for an Order granting summary judgment in Defendant’s favor on all claims asserted in the Complaint. The motion will be decided on the briefs unless the Court orders oral argument. If oral argument is requested, Movant estimates [__] minutes will be required.

[// GUIDANCE: Insert hearing date/time here if already obtained from the Court’s scheduling clerk. If no oral hearing is requested, delete this sentence.]

Dated: [__] Respectfully submitted,

[LAW FIRM NAME]

By: ____
[ATTORNEY NAME], ND Bar # [_]
[Address]
[City, State, Zip]
[Telephone]
[E-mail]
Attorneys for Defendant

[// GUIDANCE: Many North Dakota judges prefer separate documents (Notice, Motion, Brief, Proposed Order, etc.). This template consolidates them for convenience. Feel free to separate as local practice dictates.]

TABLE OF CONTENTS

1. Introduction & Relief Requested
2. Statement of Undisputed Material Facts
3. Applicable Summary-Judgment Standard
4. Argument
   4.1 Claim One – [Title]
   4.2 Claim Two – [Title]
   4.3 [Add additional claims/defenses as needed]
5. Conclusion & Prayer for Relief
6. Certificate of Service
7. Proposed Order (Attachment A)

[// GUIDANCE: Delete the Table of Contents if the brief will fall below the applicable page-limit threshold (see N.D.R.Ct. 3.2 and any district-specific orders).]

1. INTRODUCTION & RELIEF REQUESTED

Defendant respectfully moves for summary judgment because there is no genuine dispute as to any material fact and Defendant is entitled to judgment as a matter of law. See N.D. R. Civ. P. 56(a). After discovery, Plaintiff has produced no admissible evidence capable of supporting the essential elements of [his/her/its] claims. Accordingly, the Court should dismiss the Complaint with prejudice and award Defendant its taxable costs.

[// GUIDANCE: Substitute “its counterclaims” if Movant is the plaintiff on a counterclaim.]

2. STATEMENT OF UNDISPUTED MATERIAL FACTS

1. [Factual assertion #1] (Ex. 1, ¶ __).
2. [Factual assertion #2] (Ex. 2 at p.__).
3. …

[// GUIDANCE:
• Cite only evidence that would be admissible at trial—e.g., sworn deposition excerpts, properly authenticated business records, affidavits meeting N.D. R. Civ. P. 56(c)(4).
• Attach each item as a separately tabbed exhibit.
• Number each fact for ease of reference in the Argument section.
]

3. APPLICABLE SUMMARY-JUDGMENT STANDARD

1. Under N.D. R. Civ. P. 56(a), the Court must grant summary judgment if “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”
2. The moving party may discharge its burden by (i) submitting evidence negating an essential element of the non-movant’s claim, or (ii) demonstrating that the non-movant lacks evidence to support an element it must prove at trial. Id. 56(c).
3. Once the movant meets this burden, the non-movant must “set out specific facts showing a genuine issue for trial” via admissible evidence; mere allegations or denials are insufficient. Id. 56(e).
4. The Court considers the record in the light most favorable to the non-movant, but only disputes over material facts—that is, facts that might affect the outcome under governing law—preclude summary judgment. Id. 56(a)–(c).

[// GUIDANCE: Citations limited to the North Dakota Rules of Civil Procedure consistent with the “Citation Policy.”]

4. ARGUMENT

4.1 Claim One – [Title]

A. Element One: Absence of Evidence
1. Plaintiff must prove [element].
2. Discovery reveals no admissible evidence supporting this element. See SOF ¶¶ __.
3. Under Rule 56, the burden shifts to Plaintiff to present competent evidence; Plaintiff cannot.

B. Element Two: Affirmative Disproof
1. Even if Plaintiff could meet the first element, Defendant’s evidence affirmatively negates the second element. (Ex. __).
2. Therefore, no reasonable jury could find for Plaintiff on Claim One.

[Repeat sub-sections for each required element.]

4.2 Claim Two – [Title]

[Same structured analysis.]

5. CONCLUSION & PRAYER FOR RELIEF

For the foregoing reasons, Defendant respectfully requests that the Court:

1. Grant this Motion and enter judgment in favor of Defendant on all claims;
2. Dismiss Plaintiff’s Complaint with prejudice;
3. Tax costs against Plaintiff pursuant to N.D. R. Civ. P. 54(d); and
4. Award such other and further relief as the Court deems just and proper.

6. CERTIFICATE OF SERVICE

I hereby certify that on [date], a true and correct copy of the foregoing Motion for Summary Judgment, together with all supporting documents and exhibits, was served upon the following counsel of record by [e-service system/mail/personal delivery] pursuant to N.D. R. Civ. P. 5 and any governing electronic-filing rules:

• [Opposing Counsel Name, e-mail/address]

Dated: [__] _________
[Attorney Name]

[// GUIDANCE: Many ND counties mandate electronic service via Odyssey eFile & Serve; confirm method complies with local practice.]

7. PROPOSED ORDER (ATTACHMENT A)

text
STATE OF NORTH DAKOTA ) IN DISTRICT COURT
COUNTY OF [COUNTY] ) [JUDICIAL] DISTRICT

[PLAINTIFF], )
) Case No. [__]
Plaintiff, )
) ORDER GRANTING DEFENDANT’S
v. ) MOTION FOR SUMMARY JUDGMENT
)
[DEFENDANT], )
)
Defendant. )

The Court, having reviewed Defendant’s Motion for Summary Judgment, the briefs, the evidentiary record, and the applicable law, and being fully advised, hereby FINDS and ORDERS:

1. No genuine dispute of material fact exists concerning any claim.
2. Defendant is entitled to judgment as a matter of law.

IT IS THEREFORE ORDERED that:

A. Defendant’s Motion for Summary Judgment is GRANTED in its entirety;
B. Plaintiff’s Complaint is DISMISSED with prejudice; and
C. Defendant is awarded its taxable costs, to be determined pursuant to N.D. R. Civ. P. 54.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated this ___ day of ____, 20__.

Judge [Name], District Court

KEY NORTH DAKOTA RULE REFERENCES

• N.D. R. Civ. P. 56 (Summary Judgment)
• N.D. R. Civ. P. 54(d) (Costs)
• N.D. R. Ct. 3.2 (Motion Practice)

[// GUIDANCE: Do not include additional authorities unless absolutely certain of accuracy per the Citation Policy.]

OPTIONAL ATTACHMENTS / CHECKLIST

1. Affidavit(s) of [Client / Records Custodian / Expert]
2. Index of Exhibits
3. Proposed Order (already included)
4. [Local] Rule [__] Compliance Statement (if applicable)
5. Word-Count or Page-Limit Certificate (if ordered by scheduling notice)

[// GUIDANCE: ND state-court judges frequently require an affidavit authenticating exhibits (Rule 56(c)(4)). Consider a separate “Affidavit of [Attorney] in Support of Motion for Summary Judgment” attaching all exhibits.]

PRACTICAL NOTES

• Evidence: Ensure every factual assertion in Section 2 cites record evidence admissible at trial (e.g., authenticated business records, deposition testimony, sworn declarations).
• Briefing Limits: While statewide rules do not impose page limits on district-court motion briefs, individual scheduling orders often do. Insert a “[Word/Page Count Certificate]” if required.
• Oral Argument: Rule 3.2(b) allows the court to decide motions on briefs unless a party timely requests oral argument and the court grants it. Make any request in the Notice.
• Timing: Serve the motion and supporting papers at least 14 days before the hearing or submission date unless a different deadline is set by order or statute. Opposing party’s answer brief is due 14 days after service; reply briefs are optional and due 7 days after the answer brief. See N.D. R. Ct. 3.2(a)(3).
• Proposed Order: Many ND judges require a Word-formatted proposed order emailed to chambers in addition to the filed PDF. Verify the division’s preferences.

[// GUIDANCE: Remove or tailor any guidance blocks before filing with the court.]