Motion Practice

§3. Motion Practice

Operating Model — Presentment

Layer 1 — Source-backed rules:

NDIL uses a presentment system for motions. Key rules:

• Check the judge's procedures first. Parties should consult the assigned judge's web page on the court website regarding filing and presenting motions (LR 5.3(a)).
• A judge may require a motion to be accompanied by a notice of presentment specifying the date, time, judge, and subject matter (LR 5.3(b)).
• The presentment date must be no more than 14 days after the motion is delivered to the court (LR 5.3(b)).
• Motions must be filed by 4:30 PM on the second business day before the presentment date (LR 78.1).
• A judge may fix a longer delivery time, hear motions less frequently than daily, or both (LR 78.1).

Layer 2 — Practical operating model:

NDIL resembles a presentment court. Unlike submission-based courts (SDTX) where motions are decided on paper, or calendar courts (CDCA) where motions are set for a specific hearing, NDIL motions are "presented" on the judge's motion call. The practical flow:

1. File the motion via CM/ECF
2. Serve a notice of presentment on all parties
3. Appear at the judge's motion call on the presentment date
4. The judge may rule from the bench, take the matter under advisement, or set a briefing schedule

Individual judges vary significantly in how they handle this. Some judges hold regular motion calls; others have moved to a more submission-based approach. Always check the judge's procedures page.

Oral Argument

Oral argument may be allowed in the court's discretion (LR 78.3). There is no right to oral argument — the court may strike the motion or grant it without further hearing if a party fails to file a timely brief.

Failure to File Opposition

Failure to file a supporting or answering memorandum is not deemed a waiver of the motion or the opposition, but the court may on its own motion strike or grant the motion without further hearing (LR 78.3).

Failure to file a reply memorandum within the requisite time is deemed a waiver of the right to file (LR 78.3).

Request for Decision

Any party may call a pending motion to the court's attention for decision via the notice of presentment process under LR 5.3 (LR 78.5).

A party may also request the clerk to report on the status of any motion that has been pending for at least 7 months without a ruling and has been fully briefed for at least 60 days. The clerk will verify the motion meets these criteria and notify the judge. The clerk will not disclose the name of the requesting party to the judge (LR 78.5).