Rule 7 Pleadings Allowed; Form of Motions; Time Limits

Pleadings. Only these pleadings are allowed:

(1) a complaint;

(2) an answer to a complaint;

(3) an answer to a counterclaim designated as a counterclaim;

(4) an answer to a crossclaim;

(5) a third-party complaint;

(6) an answer to a third-party complaint; and

(7) if the court orders one, a reply to an answer.

Motions and Other Documents.

(1) A request for a court order must be made by motion. The motion must be in writing unless made during a hearing or trial, state with particularity the grounds for seeking the order, and state the relief or order sought. The requirement of a writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. The title of the motion must fairly identify its subject.

(2) The rules applicable to captions and other matters of form of pleadings apply to all motions and other documents provided by these rules.

(3) [Reserved]

(4) A party making a motion may (and, if the motion involves a question of the interpretation of law, must) file together with the motion a separate memorandum of reasons, including citation of supporting authorities and, why the motion should be granted. Affidavits and other documents setting forth or evidencing facts on which the motion is based must be filed with the motion.

(5) Except by prior permission of the court, the memorandum of law in support of or in opposition to a motion may not exceed 25 pages, and a reply memorandum may not exceed 15 pages. Pages containing exhibits, the table of contents, the table of citations and addenda containing statutes, rules, regulations, etc., are excluded from the page limitation. When a counsel, without first obtaining permission of the court, files a memorandum of law that exceeds the page limitations contained herein, the court, in its discretion, may:

(A) strike all pages in excess of the page limitation;

(B) direct counsel to bring the memorandum in compliance with this Rule; or

(C) strike the memorandum of law.

(6) A Notice of Hearing must be attached to or incorporated in each written motion filed with the court. The day, date, and time of hearing must be designated by the filing clerk at the time of filing or as soon as practicable. Parties are not to designate the day, date, and time of hearing unless authorized to do so by the filing clerk or other authorized court personnel.

(7) At the court’s discretion, any motion may be decided without a hearing. If the court decides to rule on a motion without a hearing, the court must notify the parties and allow parties 2 days to file an objection requesting a hearing. Any objection must be decided without a hearing. If the court accepts a party’s objection, it must schedule a hearing on the motion and notify the parties.

Form.

All filings must comply with the Commonwealth Rules for Electronic Filing and Service, unless otherwise stated. All pleadings and documents to be filed in the court must be typewritten or printed, upon unruled, opaque, white paper of standard quality, 8.5 x 11 inches in size. Each sheet must have a margin at the top, bottom and left-hand side (except as otherwise provided in Rule 7(d)) of not less than one inch. All documents must be typewritten in heavily inked black ribbon or printed in black. The type must be standard 11 point or larger, font Times New Roman or a serif typeface. Only one side of the paper must be used, and the lines on each page must be double-spaced; provided, however, descriptions of real property, and quotations, and footnotes may be single spaced. All pages must be numbered consecutively at the bottom. Exhibits must conform to the specified size and, when prepared by a machine copying process, must be equal to typewritten material in legibility and permanency of image. Filings filed electronically must be signed in compliance with the Commonwealth Rules for Electronic Filing and Service ("/s/"). Rule 7(c) must not apply to forms furnished by the court. Flat filing. All documents physically presented for filing must be flat and unfolded.

Format. Except as provided in Rule 7(f), the first page of all documents to be filed with the court must be in the following form:

(1) The space at the top left of the page must contain the name, office address, including the ZIP Code, and telephone number of the attorney for the party on whose behalf the document is filed, or of the party if the party is appearing in person. Also include the attorney’s bar number.

(2) The space at the top right of the center of the page must be left blank for use by the clerk.

(3) There must be centered the name of the court, which must not be less than 3 inches from the top of the page and on one single line.

(4) The space to the left of the page and below the name of the court must contain the title of the case, which title must include the names of all of the parties. Thereafter, the title in all subsequent pleadings may be appropriately abbreviated.

(5) In the space to the right of the title of the cause, there must be listed the case number followed by the title of the document (which must include appropriate notation if a jury trial is demanded in the document). In the space to the right of the title of the cause, each motion and any opposition or reply filed in response thereto must contain a blank space for the date of the hearing, the time of the hearing, and the judge to whom the motion is assigned. The format must be as follows:

IN THE SUPERIOR COURT FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Plaintiff(s), ) CIVIL CASE NO. ) v. ) ) Defendant (s). ) MOTION/OPPOSITION/REPLY Date: , 20 Time:

Judge:_____________________

(6) The information on the initial motion will be provided by the filing clerk. Any opposition or reply filed with respect to a particular motion must include the required information in the caption. All documents filed with the court that requires the signature of a judge must comply with the following format:

(Name of Judge), Presiding Judge or Associate Judge If the name of the judge is not known, the signature line must read as follows: ____________________________ Judge of the Superior Court Multiple Pleadings. Where two or more pleadings or other documents are filed together, only the first page of the first document must follow all of the requirements of Rule 7(e). In addition, the titles of the document, and the titles of all of the documents that are being filed together must be listed and combined after the case number. Demurrers, Pleas, Etc., Abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading must not be used. Argument on Motions; Time Limit The following time limitations must apply to oral argument upon motions: the moving party will have a maximum of 15 minutes to present his or her oral argument; the non-moving party will then have a maximum of 15 minutes for rebuttal; and the moving party will then have a maximum of 5 minutes for reply. Argument in excess of these limitations is disfavored, and leave to enlarge the times specified herein will be granted only in exceptional circumstances.